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
The tribunes of the multitude (-tribuni plebis-) arose out
of the military tribunes and derived from them their name; but
constitutionally they had no further relation to them. On the
contrary, in respect of powers the tribunes of the plebs stood on a
level with the consuls. The appeal from the consul to the tribune,
and the tribune's right of intercession in opposition to the consul,
were, as has been already said, precisely of the same nature with the
appeal from consul to consul and the intercession of the one consul in
opposition to the other; and both cases were simply applications of
the general principle of law that, where two equal authorities differ,
the veto prevails over the command. Moreover the original number
(which indeed was soon augmented), and the annual duration of the
magistracy, which in the case of the tribunes changed its occupants
on the 10th of December, were common to the tribunes and the consuls.
They shared also the peculiar collegiate arrangement, which placed the
full powers of the office in the hands of each individual consul and
of each individual tribune, and, when collisions occurred within the
college, did not count the votes, but gave the Nay precedence over
the Yea; for which reason, when a tribune forbade, the veto of the
individual was sufficient notwithstanding the opposition of his
colleagues, while on the other hand, when he brought an accusation,
he could be thwarted by any one of those colleagues. Both consuls and
tribunes had full and co-ordinate criminal jurisdiction, although the
former exercised it indirectly, and the latter directly; as the two
quaestors were attached to the former, the two aediles were associated
with the latter.(7) The consuls were necessarily patricians, the
tribunes necessarily plebeians. The former had the ampler power, the
latter the more unlimited, for the consul submitted to the prohibition
and the judgment of the tribunes, but the tribune did not submit
himself to the consul. Thus the tribunician power was a copy of the
consular; but it was none the less a contrast to it. The power of
the consuls was essentially positive, that of the tribunes essentially
negative. The consuls alone were magistrates of the Roman people, not
the tribunes; for the former were elected by the whole burgesses, the
latter only by the plebeian association. In token of this the consul
appeared in public with the apparel and retinue pertaining to state-
officials; the tribunes sat on a stool instead of the "chariot seat,"
and lacked the official attendants, the purple border, and generally
all the insignia of magistracy: even in the senate the tribune had
neither presidency nor so much as a seat. Thus in this remarkable
institution absolute prohibition was in the most stern and abrupt
fashion opposed to absolute command; the quarrel was settled by
legally recognizing and regulating the discord between rich and poor.
Political Value of the Tribunate
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