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
The Roman constitution recognised no right of public meeting; a gathering
of the citizens by a citizen might be treated as a breach of the peace,
or might be summarily visited by the _coercitio_ of a magistrate. But the
increase of the magistrates, and the corresponding divergence of their
views, supplied a partial substitute for this popular self-repression.
It was open to any magistrate to introduce a citizen to the _contio_,
and give him a right to speak (_producere in contionem_, _dare
contionem_);[661] it was equally open to a colleague or superior to
veto this permission;[662] but custom must have made such a use of the
_intercessio_ very infrequent. The right of granting a _contio_ gave a
limited power of debate on legislative matters to distinguished private
individuals; but this was not its only use. It was the sole means by
which political leaders, who might happen to be in a private station—as
Pompeius after his return from the East, or Cicero after his recall from
exile—could express their views;[663] it was also a convenient mode in
which a magistrate might justify a line of conduct. We find a foreign
king and a public informer thus produced to influence the popular mind.
The _jus contionis dandae_ meant an increase in magisterial power, and
was no true concession to democracy; the demagogue in opposition, who was
not a magistrate or useful to a magistrate, had no opportunity of making
his voice heard in Rome.
The right of eliciting binding resolutions from the people when assembled
in their _comitia_ (_jus cum populo agendi_) always remained an inherent
attribute of the _imperium_; as such it belonged, under ordinary
circumstances, to the consul and praetor; under exceptional conditions,
to the dictator, interrex, and consular tribunes. It was also possessed
by one at least of the occasional delegates of the highest magistrates,
the master of the horse.[664] By these magistrates the _comitia_ might
be assembled in any form—by curies, by centuries, or by tribes. None of
the lower magistrates possessed in their own right the power to summon
and preside over the assembly; but the extension of the _provocatio_
and the consequent growth of popular jurisdiction rendered it necessary
that the lower magistrates with judicial powers should meet the people.
Thus the curule aediles defended their sentences before the _comitia
tributa_;[665] the delegates of the consular criminal jurisdiction, the
_quaestores parricidii_, and _duumviri perduellionis_ brought their
judgments before the _comitia_ of the centuries.[666] No plebeian
magistrate had the _jus agendi cum populo_; hence when the tribune,
in the exercise of his jurisdiction, wished to obey the command of
the Twelve Tables, which confined the hearing of capital cases to the
_comitia_ of the centuries, he had to ask a patrician magistrate—in
this case the praetor—to call a meeting for him by a given day (_diem a
praetore petere_).[667] When the praetor had named a day (_diem dixit_)
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