The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
Metellus may have had in mind the transition through the adrogatio,
which required a curiate law, or more probably he was thinking of a
vote of the curiae in addition to the other formalities which Clodius
was passing through.[941] The complete process accordingly would have
been the abjuration of the patriciate, confirmed by a curiate law, and
the reception of plebeian rights through a plebi scitum. Clodius was
not so foolish as to suppose that a process of transitio invented by
himself would prove acceptable to the senate and magistrates, and must
therefore have followed as closely as possible the formula which he
believed to be legal. But when Metellus raised the objection, and when
the tribunes persisted in interceding against the plebi scitum,[942]
he yielded for the present, and in the following year had himself
arrogated by a plebeian named Fonteius, from whom he was forthwith
emancipated.[943] This procedure, too, allowed him to retain the gentile
name of his birth,[944] his imagines and sacra,[945] and consequently his
inheritance. The oath taken in the calata comitia accordingly was not the
detestatio sacrorum usual in arrogations, but a form of declaration which
reserved these privileges, with the understanding that in this case the
arrogatio was not for the customary object but to enable him to change
his rank.[946]
Analogous to the transitio ad plebem is the elevation of a plebeian to
the patrician rank. The Romans believed that eminent plebeians, including
foreigners of distinction newly admitted to citizenship, were sometimes
granted the patriciate not only through the regal period but also in the
opening years of the republic. For the republican age they represented
the bestowal as a double act, a resolution of the people followed by
coöptation into the senate.[947] In stating that the first consuls
chose the best men from the commons, made them patricians, and with
them filled the senate to the number of three hundred, Dionysius[948]
apparently has in mind the consuls’ function of recruiting the senate
before the Ovinian legislation,[949] together with their initiative in
granting the patriciate. The Roman view that the bestowal required a
vote of the people is further proved by the procedure of Julius Caesar
and of Octavianus in creating new patricians; for in this function
they doubtless followed tradition as nearly as possible. In 45 a
plebi scitum,[950] proposed by L. Cassius Longinus and supported by a
senatus consultum,[951] empowered Caesar to recruit the patrician rank.
Octavianus proceeded in a similar manner except that a consular law,[952]
approved also by a senatus consultum,[953] was passed for the purpose.
As the object was religious, we may suppose that the qualifications of
the candidates were previously examined by the pontifical college. On the
analogy of the transitio ad plebem it may be assumed further that the
candidate abjured his plebeian rank in the calata comitia, which then
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