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
The problem as to the relative power of the king and council on the one
hand and of the assembly on the other is difficult. It was a disadvantage
to the people, over and above their lack of initiative, to have no means
of precisely expressing their will. The Greeks signified their approval
by acclamation,[986] the Germans by clashing their weapons,[987] and the
Celts by both;[988] either demonstration aimed to express, not the will
of the majority,[989] but the intensity of conviction on the part of the
assembly as a whole. It lacked as well the means of legally enforcing its
will.[990] The Achaeans in assembly approved the petition of Chryses,
a suppliant priest; nevertheless King Agamemnon rejected it.[991] After
the people had divided the spoils of war, Agamemnon seized the prize
they had given another.[992] The Trojans were ready to surrender Helen
for the sake of peace; but Priam, to gratify his son, refused, and the
war went on.[993] In his relations with individuals the king often acted
unjustly and tyrannically. Even in affairs which concerned the entire
community he might take large liberty. Without consulting the assembly he
could count on the support of the people in a war of defence. Treaties
of peace, which were often guest-friendships and intermarriages between
royal families,[994] did not come before the people for ratification as a
right, but only in cases in which their pledge seemed necessary for the
prevention of private warfare. The right of the magistrate to conclude
peace with or without discussion in the council or senate was recognized
by the states of Italy as late as the Second Samnite war.[995] The
king might even declare an offensive war on his own responsibility, if
without consulting the people he could feel sure of their support.[996]
Enterprises requiring their coöperation he usually submitted to them
to win their approval, as he had no means of coercing the entire
community. His independence of the assembly increased with the growth
of heredity. The idea of sovereignty, strictly speaking, was unknown to
primitive times; yet so far as people thought of political power, they
assigned it to the king and council.[997] Nevertheless the fact of the
assembly’s existence and the need of eloquence for persuading it prove
it to have been a real force. The suppression of the German assembly
or the prohibition of carrying arms to the meeting was looked upon as
intolerable tyranny.[998] For the disturbance of an Irish assembly the
penalty was death.[999] Public opinion was a check on royalty,[1000] and
in extreme cases the people rebelled and killed their king.[1001]
Public-domain text, read in full here on John Shaqi.
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