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 like manner the aristocracy simply injured itself by the attempt
which it made, on the passing of the Licinian laws, to save at least
some remnant of its ancient privileges by means of a system of
political clipping and paring. Under the pretext that the nobility
were exclusively cognizant of law, the administration of justice was
detached from the consulate when the latter had to be thrown open
to the plebeians; and for this purpose there was nominated a special
third consul, or, as he was commonly called, a praetor. In like
manner the supervision of the market and the judicial police-duties
connected with it, as well as the celebration of the city-festival,
were assigned to two newly nominated aediles, who--by way of
distinction from the plebeian aediles--were named from their standing
jurisdiction "aediles of the judgment seat" (-aediles curules-).
But the curule aedileship became immediately so far accessible to
the plebeians, that it was held by patricians and plebeians
alternately. Moreover the dictatorship was thrown open to plebeians
in 398, as the mastership of the horse had already been in the year
before the Licinian laws (386); both the censorships were thrown open
in 403, and the praetorship in 417; and about the same time (415) the
nobility were by law excluded from one of the censorships, as they
had previously been from one of the consulships. It was to no purpose
that once more a patrician augur detected secret flaws, hidden from
the eyes of the uninitiated, in the election of a plebeian dictator
(427), and that the patrician censor did not up to the close of our
present period (474) permit his colleague to present the solemn
sacrifice with which the census closed; such chicanery served merely
to show the ill humour of patricianism. Of as little avail were the
complaints which the patrician presidents of the senate would not fail
to raise regarding the participation of the plebeians in its debates;
it became a settled rule that no longer the patrician members,
but those who had attained to one of the three supreme ordinary
magistracies--the consulship, praetorship, and curule aedileship
--should be summoned to give their opinion in this order and without
distinction of class, while the senators who had held none of these
offices still even now took part merely in the division. The right,
in fine, of the patrician senate to reject a decree of the community
as unconstitutional--a right, however, which in all probability it
rarely ventured to exercise--was withdrawn from it by the Publilian
law of 415 and by the Maenian law which was not passed before the
middle of the fifth century, in so far that it had to bring forward
its constitutional objections, if it had any such, when the list
of candidates was exhibited or the project of law was brought in;
which practically amounted to a regular announcement of its consent
beforehand. In this character, as a purely formal right, the
Public-domain text, read in full here on John Shaqi.
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