The Gracchi Marius and Sulla: Epochs of Ancient HistoryBeesly, A. H. (Augustus Henry)
History
The Gracchi Marius and Sulla: Epochs of Ancient History
Beesly, A. H. (Augustus Henry)
Rome -- History -- Republic, 265-30 B.C.
and negatively by these limitations of the prerogative of the
tribunes, legislative power was placed wholly in the Senate's hands.
[Sidenote: Changes in the Comitia.] Thirdly, the balance in the
Comitia themselves was so adjusted that the voting would be mostly in
the Senate's interests. Something has already been said of Sulla's
changes on this head, in reverting to the Servian mode of voting (p.
129). Some explanation of what this means may be given here. Sulla did
not abolish the Comitia Tributa; but the measures just mentioned, as
they left the practical power of legislation with the Senate, left the
formal power with the Comitia Centuriata. [Sidenote: History of the
Comitia Tributa and Centuriata.] We know the origin of the Comitia
Centuriata. We do not know the origin of the Comitia Tributa. But
we do know that by degrees the latter obtained legislative power
co-ordinate with that of the former, and that the Plebiscitum became
as binding on the nation as the Lex. There were in short two parallel
bodies in which the people could make laws--ranged in the one by
tribes, and voting on measures submitted to them by their tribunes;
ranged in the other by centuries, and voting on measures submitted to
them by the consul. But as the State became more and more democratic,
the Comitia Tributa was more used than the Comitia Centuriata, in
which legislation was gradually confined to special matters assigned
to them by law or custom. Besides these functions the Comitia Tributa
decided on war or peace, elected the tribunes, aediles, and lesser
magistrates, and also usurped judicial power, arraigning magistrates
for their conduct in office, &c. The functions of the Comitia
Centuriata were, as we have, seen, also legislative. They elected to
the higher magistracies and exercised jurisdiction in capital cases, a
function which grew out of the Roman citizen's right to appeal. Each
century had one vote; and as by the Servian arrangement the first
class, though containing fewest voters, had nevertheless, owing to its
highest assessment, most votes, it could by itself outvote the other
classes. At some time or other this classification was altered; and a
new system, based partly on centuries and partly on tribes, came into
use. Each tribe was divided into ten centuries, five of seniors and
five of juniors. The first class consisted of one of each of these
from each tribe, so that, as there were thirty-five tribes, each class
would consist of seventy centuries. It is said by some that the first
class included also thirty-five centuries, or eighteen centuries of
equites. If this be true, the first class would still have retained
the preponderance of votes. In any case it had the best of the voting,
for even if it was decided by lot which century of all the centuries
should vote first, still the first class voted second, and the moral
effect of the wealthier and weightier citizens voting one way or other
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