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
Under this system the king after his appointment by his predecessor or
by the interrex, and after the acclamation in contio if such action took
place, convoked the curiae on the first convenient comitial day of his
reign,[1090] having held favorable auspices in the morning, and proposed
to them a rogation[1091] in some such form as the following: “Do you
consent, and regard it as just and legal, that I, whom the populus has
designated king, should exercise imperium over you?” This rogation,
answered affirmatively by a majority of the curiae, became a lex curiata
de imperio.[1092] The informal acclamation, if it was the custom, must
have disappeared in time, and the passing of the curiate law was looked
upon as the election proper.[1093]
Concessions to the people develop into popular rights. The citizens,
deeply interested in the choice of a man who for the remainder of his
life was to represent their community before the gods, lead them in war,
and exercise over them the power of life and death, claimed as their
first active political right the ius suffragii in the passing of this lex
curiata de imperio. Hence after the institution of the republic and of
the comitia centuriata, the curiae clung obstinately to this inalienable
prerogative.[1094]
The development of the elective process outlined above is offered in
explanation of the curious phenomenon that under the republic, while
all other acts of the centuriate and tribal assemblies required no
confirmation by the curiae, elections by these assemblies did require
such a sanction. This explanation is the only one proposed which accords
with the Roman interpretation of the peculiarity. According to Cicero it
was provided that in the case of all elective magistrates the people
should vote twice on each that they might have an opportunity to correct
what they had done, if they repented of having conferred an office on
any person. In the case of the censors this second vote was cast in
the comitia centuriata; all other elective magistrates received it in
the curiate assembly.[1095] Rubino[1096] and others have objected that
Cicero’s interpretation of the curiate law is biassed by his desire
to contrast the essentially antipopular character of the demagogue
Rullus,[1097] who by the terms of his agrarian law would deprive the
people of their right to vote even once in the election of officials,
with the wise and moderate statesmen of old, who were so devoted to the
people as to allow them two opportunities to express their choice in
the case of each magistrate. The orator, it is urged, could not himself
know the original intention of the usage; and his interpretation is
contradicted by the fact that the person who proposed the lex curiata
was already a magistrate, the voting on this lex being subsequent to the
election and forming no part of it.[1098]
Public-domain text, read in full here on John Shaqi.
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