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
valid without the authorization of the senate (patrum auctoritas).[1015]
With reference to the specific rights of the assembly, Dionysius[1016]
states that Romulus granted the commons three prerogatives, (1) to elect
magistrates, (2) to ratify laws, (3) to decide concerning war, whenever
the king should refer the matter to them. Livy’s[1017] stricture on the
absolutism of Tarquin the Proud implies, too, that constitutionally
the assembly should have had power to decide on peace and war. But
stress should be laid on the admission of Dionysius that probably all
the questions above enumerated, or at least those of peace and war,
were referred to the assembly at the pleasure only of the king—that the
decision of them was not a right of the people, but a concession on the
part of the sovereign.[1018] Still more important, these generalizations
are in great part invalidated, as Rubino[1019] has shown, by the
testimony of their authors. When either refers to individual cases of
treaty-making under the kings, he never connects the assembly with the
proceedings.[1020] It is significant, too, that the formula of treaty
makes the king the only actor, taking no account of the people.[1021]
Usually peace continued merely through the lifetime of the king who
contracted it,[1022] but a truce for a definite period was binding to
the end, even after his death.[1023] Under the republic to the time
of the decemvirs the treaty-making power resided in the consuls and
senate.[1024] Ordinarily either a senatus consultum empowered the
magistrates to use their discretion[1025] or sanctioned the agreement
when made.[1026] More rarely the senate treated directly with ambassadors
from the enemy.[1027] The clamor of the plebeians sometimes prevailed
upon the senate to negotiate for peace;[1028] and at other times it
was merely by accident that the people heard of the conclusion of a
treaty.[1029] After the decemviral legislation the plebeian assembly
of tribes slowly acquired the right of ratification;[1030] in fact
it was not till the Second Samnite war that their vote came to be
essential.[1031] Among the archives devoted to treaties and alliances,
accordingly, senatus consulta and plebiscites alone are mentioned.[1032]
The very fact that in the later republic the ratification of treaties
belonged exclusively to the tribal assembly[1033] proves that it was an
acquired right of the people; for we may set it down as a fixed principle
that the curiae and the centuries yielded none of their prerogatives to
the tribes.[1034]
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