The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy — John Shaqi
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
In civil jurisdiction the plebeian institutions interfered only so
far, that in the processes affecting freedom, which were so important
for the plebs, the nomination of jurymen was withdrawn from the
consuls, and the decisions in such cases were pronounced by the
"ten-men-judges" destined specially for that purpose (-iudices-,
-decemviri-, afterwards -decemviri litibus iudicandis-).
Legislation
With this co-ordinate jurisdiction there was further associated a
co-ordinate initiative in legislation. The right of assembling the
members and of procuring decrees on their part already pertained to
the tribunes, in so far as no association at all can be conceived
without such a right. But it was conferred upon them, in a marked
way, by legally securing that the autonomous right of the plebs to
assemble and pass resolutions should not be interfered with on the
part of the magistrates of the community or, in fact, of the community
itself. At all events it was the necessary preliminary to the legal
recognition of the plebs generally, that the tribunes could not be
hindered from having their successors elected by the assembly of the
plebs and from procuring the confirmation of their criminal sentences
by the same body; and this right accordingly was further specially
guaranteed to them by the Icilian law (262), which threatened with
severe punishment any one who should interrupt the tribune while
speaking, or should bid the assembly disperse. It is evident that
under such circumstances the tribune could not well be prevented from
taking a vote on other proposals than the choice of his successor and
the confirmation of his sentences. Such "resolves of the multitude"
(-plebi scita-) were not indeed strictly valid decrees of the
people; on the contrary, they were at first little more than are
the resolutions of our modern public meetings; but, as the distinction
between the comitia of the people and the councils of the multitude
was of a formal nature rather than aught else, the validity of these
resolves as autonomous determinations of the community was at once
claimed at least on the part of the plebeians, and the Icilian law for
instance was immediately carried in this way. Thus was the tribune of
the people appointed as a shield and protection for the individual,
and as leader and manager for all, provided with unlimited judicial
power in criminal proceedings, that in this way he might give emphasis
to his command, and lastly even pronounced to be in his person
inviolable (-sacrosanctus-), inasmuch as whoever laid hands upon
him or his servant was not merely regarded as incurring the vengeance
of the gods, but was also among men accounted as if, after legally
proven crime, deserving of death.
Relation of the Tribune to the Consul
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