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 strengthening of the kingship naturally tended to weaken the
assembly. The Lacedaemonian kings had a right to make war on whatever
state they pleased, and any citizen who obstructed this power was
accursed;[1002] if, too, in anything the people gave a wrong decision,
the kings and council could set it right.[1003] Under the Frankish
monarchy the general assembly seems to have entirely disappeared
in the sixth century A.D., to be revived in the latter part of the
seventh,[1004] in a form which took little account of the commons.[1005]
In the other Germanic tribes which entered the Empire the effect of the
migration was to strengthen the king and to weaken in a corresponding
degree the power of the people.[1006] In Russia Tartar domination,
converting the legitimate princes into tyrants, effected the downfall of
the assemblies.[1007] The building up of large states, too, necessarily
degrades or destroys popular gatherings.[1008]
The heritage of the Roman assembly from the earlier tribal time must
have been slight as well as vague—a heritage diminished further by the
growing power of the king and nobles. The assumption has often been
made that from the beginning the Roman assembly was sovereign. The view
rests in part, however, on a confusion of two ideas which should be kept
distinct. In its broadest sense populus designates the state, which is
sovereign whether it expresses its will through the king, the senate,
or the popular assembly, or through the concurrence of two or more of
these elements. In interstate relations it always has this meaning.
More narrowly populus signifies the masses of citizens in contrast with
the magistrates or with the senate.[1009] In the latter sense it cannot
be said that the populus was from the beginning sovereign. The Romans
themselves of later time understood that in the regal period the senate
had the wisdom to advise, the king possessed the imperium, whereas the
people enjoyed but a limited degree of freedom, right, and power.[1010]
Their condition was not liberty but a preparation for it.[1011] Their
assembly, like that of other early Europeans, had no power of initiative;
it met only when summoned by the king, and could consider those matters
only which the king brought before it. Its object must have been chiefly
to receive information and to witness acts of public importance. In no
case did the king call upon the assembly for advice; counsel belonged
exclusively to the wise elders, who composed the senate;[1012] and should
he wish to instruct the people in the merits of a proposed measure,
he would himself address them and perhaps invite the most respected
senators or his most trustworthy supporters among the private citizens
to give the masses the benefit of their wisdom.[1013] In other than
judicial assemblies the privilege of speaking must have been sparingly
granted.[1014] Finally no elective or legislative act of the curiae was
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