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
With respect to power the tribunate has, from its origin, a double
character. It possesses a negative control of the whole people (generally
in the person of its magistrate) exercised in defence of the Plebs, and
a positive authority within the plebeian community. The first power
asserts itself in the right of veto, the second is shown in the power of
eliciting resolutions (_scita plebei_ or _plebiscita_) from the plebeian
_concilium_. The first power, that of offering assistance (_auxilium_)
to any Plebeian[362] who feels himself aggrieved by the decree of the
magistrate, and suspending this decree by the exercise of the “veto,” was
the _raison d’être_ of the tribunate. The tribune was created to meet
the consular imperium (_contra consulare imperium_),[363] and the fact
that he could only exercise this power in person imposed on him certain
obligations. The tribune might not stay a night without the walls, and
the doors of his house were open day and night.[364] It was doubtless
through the insufficiency of these presidents of the Plebs to cope with
the demands for their assistance that their number was raised first to
four (471 B.C.), and before the year 449 B.C. to ten[365]—changes which
were ratified by the centuries and the Senate.
But a negative control over the magistrates of the state must be wholly
ineffective unless there be some means of enforcing this control. Had
the tribunes possessed no coercive power, the consul, in carrying out
the law of debt or in summoning Plebeians for the levy, would simply
have set their veto aside. We should have expected that such breaches of
the law would have been guarded against by judicial prosecution before
the courts of the community. But this was not consistent with the Roman
idea of magistracy. Each magistrate had, to a greater or less degree, the
power of enforcing his own decrees (_coercitio_), limited only by the
right of appeal or the veto of his colleague; and this power could not
be denied to the tribune. A logical consequence of his right of veto was
that he could exercise this _coercitio_ against the consuls themselves;
the sanctity of his person (guaranteed by the Plebs and accepted by
the Populus) rendered resistance hopeless; and all the weapons of the
_coercitio_—arrest, imprisonment, fines, stripes, and death—were at the
disposal of the champion of the Plebs.
Public-domain text, read in full here on John Shaqi.
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