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
In the year 462 the tribune C. Terentilius Arsa made a proposal to the
_concilium_ of the Plebs that a commission of five should be appointed to
clear up the forms of legal procedure, and by this means to fix limits
to the judicial caprice of the consuls;[387] and in the next year a
resolution of the whole college of tribunes was framed to this effect.
It was obviously a measure which demanded the sanction of the Populus,
and this it was for many years impossible to obtain. Even apart from the
fact that the tribunes apparently intended their commission to consist
wholly of Plebeians, it was felt to be a proposal that was revolutionary
in the extreme; for it was nothing less than the demand for a code, for
a written system of rules which should replace the elastic principles of
justice, which were one of the mainstays of patrician power, and which
would vulgarise the awful sanctity of the consulate and the pontifical
college. It must also have been felt that codification must mean a
compromise—some recognition of plebeian claims which would weaken the
position of the ruling caste. Hence a stout opposition on the part
of magistrates and Senate, and the bill, if it passed the _concilium
plebis_ at all,[388] was not allowed to go a step further. But the Plebs
persisted in its efforts, and its answer to patrician opposition was to
return year after year the same tribunes, formulating the same demands.
In 458 B.C. the college approached the consuls on the subject, and asked
them to formulate their objections to the bill;[389] for the moment there
was the hope of an agreement, but at the end of the year the consent
required was again refused. Three years more of agitation followed,
and then it was felt that the original proposal must be abandoned. The
tribunes expressed their willingness for the initiative to be taken by
the patrician magistrates, and for a joint commission to be appointed.
Meanwhile the years of discussion had caused the original proposal to
assume larger dimensions. Reform which should bear a wholly non-party
character was suggested in place of a mere codification. Information of
the Greek Codes was to be gathered by a commission of three—a suggestion
which was valuable in many ways; it was useful for purposes of delay, it
gave an appearance of learning and thoroughness to the work, and perhaps
some such basis was felt to be absolutely necessary for framing rules on
points which the very indefinite Roman procedure had never considered.
The return of the envoys in 452, after an absence of three years, renewed
the demands of the tribunes for the instant prosecution of the work. A
controversy between the orders as to the constitution of the commission
ended in a compromise. Plebeians might be admitted; but, as a matter of
fact, the patrician influence was so strong that the first board elected
by the _comitia centuriata_ appears to have consisted wholly of members
of that order.[390] The appointment of the commission was a complete
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