Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
But at the time of the _lex Hortensia_ the difference
between the two parliamentary sovereigns—the Populus and the Plebs—was
even more marked; for the Patricians, excluded from the _concilium_,
were still a considerable body, and the tribune had not yet become, like
the magistrates with _imperium_, quite a servant of the Senate.[493]
The Hortensian law had at the time a political significance which
it afterwards lost; but it had a hidden import which was of vital
consequence for the history of the state. By perpetuating the Plebs as
a separate corporation it preserved the tribunate in all its primitive
majesty, and thus maintained the power subsequently to be used as an
instrument of senatorial and monarchical rule.
The tendencies of plebeian emancipation were almost all in favour of
the upper classes; that it never was a democratic movement or one led
by democratically-minded men is most strikingly evidenced by the utter
indifference shown by the leaders to the economic evils under which the
masses laboured, and which they used as instruments to further their
ambition. Solon abolished slavery for debt at a single stroke; to the
Roman it is a sacred thing, an expression of _Romana fides_; while
the Greek προστάτης struggled for others, the Roman patron fought for
himself. But continued pressure caused some tentative efforts to be made
in the latter half of the fourth century to mitigate the curse of debt.
A _lex Marcia_ of 352 B.C. gave the debtor the right of summary arrest
(_manus injectio_) of the usurer, to recover the fourfold penalty for
the illegal interest;[494] while in 326 an attempt was made to give the
future masters of the world the mastery over their bodies. In 313 a _lex
Poetilia_ was passed forbidding the imprisonment of _nexi_ who could
swear that they had reasonable hopes of ultimately satisfying their
creditors;[495] it therefore abolished most contracts on the security of
the person; although the _addictio_ and imprisonment of debtors by order
of the court continued through the Republic and into the Empire. But if
the harshness of the law was one evil, ignorance of its forms was another
almost equally great. An accident supplied the remedy. The pontiff Appius
Claudius had reduced the forms of action to writing; but the book meant
for the guidance of the pontiffs was immediately revealed to the profane
eyes of the people by his clerk, one Cn. Flavius, a freedman’s son. The
fraudulent secretary also posted up a tablet containing a list of court
days (_dies fasti_) on which the _legis actio_ was possible.[496] The
_penetralia_ of the pontifical college had now become the property of the
masses, and although the chief pontiffs still furnished for centuries
the highest names to Roman law, they professed the science openly,[497]
and secular teaching soon tore the veil from the hidden features of
jurisprudence.
Public-domain text, read in full here on John Shaqi.
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