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 the right of acting with the Plebs, which was thus guaranteed to the
tribune, had another and more positive aspect. It might be used to elicit
formal resolutions passed by the whole plebeian _concilium_ in their
own interests, and to give this body the character of a guild which,
within certain limits, could pass rules binding on all its members.
So long as the resolutions of this body were purely self-regarding,
did not infringe on the public law, and were voluntarily accepted by
all the members, they did not need formal ratification by any higher
authority. But sometimes resolutions were passed which the Plebs was
incapable of carrying into effect; in this case they were mere petitions
to the only recognised legislative power, the consuls presiding over
the _comitia centuriata_. We have an instance of this procedure, dated
within forty years of the establishment of the tribunate, which shows
how far-reaching the demands of this _concilium_ might be. In 456 B.C.
the tribune Icilius elicited from this assembly a resolution to the
effect that the Aventine, until that time state property,[368] should
be assigned to the Plebs. With this petition he approached the consuls
and the Senate, and requested them to gain the consent of the _comitia
centuriata_ in due form of law.[369] The same procedure must be imagined
for any _plebiscita_, which refer to matters affecting the whole
community, down to the year 287, when, as we shall see, these resolutions
of the Plebs were first raised to a level with the laws. In framing its
resolutions the Plebs was as dependent on the tribune as the _comitia_
was on the consuls; the _rogatio_ of the magistrate could only be
answered by the “Yes” or “No” of the burgesses. Its elective proceedings
were similar to those of the whole people. The tribune, before he
quitted office, nominated successors and submitted their names to the
Plebs. The differences were that the voting was by _curiae_ and not by
_centuries_, that the _patrum auctoritas_ had here no place, and that
the formal taking of the auspices was not necessary to the validity of
the proceedings, although doubtless the tribunes employed their right of
taking private auspices[370] to give a sanctity to the act of the Plebs.
Public-domain text, read in full here on John Shaqi.
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