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 first step in the intercourse of a magistrate with the people, which
was to produce a binding act, was the setting forth by the former of a
decree specifying the day of meeting,[1272] and describing the nature
of the act which he meant to introduce. This promulgation[1273] assumed
various forms in accordance with the purpose of the projected meeting.
In prosecutions it contained the name of the accused, the nature of
the charge, and the penalty proposed; in elections at least the places
to be filled, but probably in later times a list of the candidates as
well;[1274] in legislation the text of the law which was to be the
subject of the _rogatio_. No provision seems to have been made that
the text should remain unaltered until a Licinio-Junian law of 62 B.C.
provided that a copy of the promulgated enactment should be deposited in
the _aerarium_ as a guarantee that no amendment was inserted before the
people was asked to accept it.[1275]
The minimum interval between the promulgation and the meeting was the
space of three _nundina_, i.e. 24 days, and this condition was as
necessary for jurisdiction and elections as for laws.[1276] On the
appointed day the first act of the magistrate, who meant to guide a
meeting of the Populus, was the _auspicatio_ in the sacred enclosure
(_templum_) which formed the centre of the gathering. Celestial signs
alone[1277] seem to have been the object of this morning watch; but
no such observation was necessary for plebeian gatherings; they were
disturbed only by _auspicia oblativa_.[1278] The auspices had been taken
before sunrise, and if they were favourable the herald was then sent
round the walls inviting the people to meet the magistrate at dawn.[1279]
This was sufficient for the _comitia_ of the tribes.[1280] For the
centuries more elaborate preparations were necessary. Proclamation of
the meeting was made from the Rostra, and the red flag flew from the
Janiculum to show that it was guarded while the army was busy in the
Campus.[1281] The military horn was blown on the _arx_ and round the
walls, and, if the summons was for a court of justice, before the house
of the accused.[1282]
When the people were assembled the president opened with a prayer,[1283]
and the _rogatio_ was read with the request whether the quirites “will
and order it” (_velitis_, _jubeatis_). The magistrate is now addressing
a _contio_, and the _rogatio_ is subjected to a limited discussion. The
president explains and advises it, and the officials or senators whom he
has assembled express their support or dissent.[1284] This discussion
always preceded acts of legislation.[1285] When the _comitia_ met for
jurisdiction there may have been some debate even in the _quarta
accusatio_;[1286] it was probably only at elections that it was wholly
absent.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account