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
declaration of war,[1067] or the banishment of a citizen,[1068] as well
as to a universal rule of conduct. In the earlier time the lex rogata, or
simply lex, seems to have designated any act of an assembly, elective or
judicial as well as law-making in the modern sense.[1069] But in the time
of Cicero it had come to mean any act of an assembly which was neither an
election nor a judicial decision,[1070] and in the latter sense the word
is used in this volume.
The acceptance of a proposition by the citizens obligated
themselves[1071] but not the government. The king, who retained office
for life and was irresponsible, could not be held amenable to law;
against a tyrannical ruler the only resource was revolution. Although the
republican magistrates possessed remarkably great power, as temporary
functionaries they belonged to the people, along with whom they were
bound by the laws.[1072]
To the end of the regal period the legislative activity of the people
remained narrowly restricted. The body of leges regiae, described as
curiate by Pomponius[1073] on the supposition that they were passed by
the assembly under royal presidency,[1074] was little more than the ius
pontificum—the customary religious law—with whose making the curiae had
nothing to do.[1075] If the king wished to admit new citizens,[1076]
erect public works, levy forced labor on the citizens,[1077] reform the
military organization,[1078] punish a man with chains or death,[1079]
make a treaty, or even declare an offensive war, no power compelled him
to submit the measure to the citizens. Although he must often have found
it expedient to engage their coöperation in national enterprises, or more
rarely in a legal innovation,[1080] it may be stated with confidence
that before the beginning of the republic the curiate assembly had not
acquired the right to be consulted on any of these matters—that its
slight activity in legislation and administration was a concession from
the king rather than a right; for under the republic such activity,
gradually increasing, belonged to the centuries and the tribes. We may
accept without hesitation the principle that in form if not in substance
the curiae retained all the powers which they had ever actually possessed.
Public-domain text, read in full here on John Shaqi.
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