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
We have seen the method of its institution and the singular religious
basis on which its power rested,[1127] and we have observed the numbers
of the holders of the office rising from two to four, and finally to
ten.[1128] The right of eliciting resolutions from the Plebs and the
coercive power and jurisdiction possessed by this office have also
been described.[1129] We have further dwelt on the anomalous duality
of the office, and seen how in a certain sense it is not a magistracy,
the tribune lacking both the requisite _insignia_[1130] and the right
of taking _auspicia impetrativa_,[1131] but how, on the other hand,
it becomes practically a magistracy of the people, when functions
originally purely plebeian come to be used in the interest of the whole
state. The right of acting with the Plebs gave the tribunes the power of
initiating legislation when _plebiscita_ had been raised to the level of
_leges_;[1132] in their elective capacity they not only presided over the
appointment of their successors and of the plebeian aediles, but through
the Plebs they might not only create a minor magistracy such as the
triumvirate _agris dandis assignandis_,[1133] but in the closing years
of the Republic actually conducted the election of such officials.[1134]
Their power of prohibition and their right of veto,[1135] limited for a
moment by Sulla but soon restored in all its plenitude,[1136] became,
when constitutionally employed, a guardianship of the whole state against
the illegal or unconstitutional proceedings of other magistrates, and
formed the chief basis of the Senate’s authority. Their association with
the Senate, from being merely prohibitive, grew to be positive,[1137] and
they finally shared the presidency of that body. Lastly, their powers
of coercion and jurisdiction widened into a judicial control of the
magistracy; they were the prosecutors of faulty officials, and, up to the
time of the development of the _quaestiones_, represented the chief means
which the state possessed of enforcing criminal responsibility on its
executive.[1138]
_The minor Magistrates_
Prominent amongst the minor magistrates (_minores magistratus_)[1139]
stands a group known finally, and perhaps in Republican times, as the
_viginti-sex-viri_.[1140] This group was merely a collection of small
colleges and not itself a _collegium_. It is probable that most of its
members were originally nominated by superior magistrates; in later times
they were all elected in the _comitia tributa_, although doubtless a
separate elective act was required for each college.
Public-domain text, read in full here on John Shaqi.
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