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
We have seen promagistrates whose election to their respective offices
had not been sanctioned by the curiae governing provinces and holding
military commands; we have seen consuls who lacked the curiate sanction
attending with less inconvenience to all their official duties. The same
looseness characterized the application of the law to minor officials.
The want of the sanction legally involved curule aediles, quaestors, and
all other officials who lacked the right to convoke the curiae; and yet
it is impossible that in 54, for instance, when the consuls failed to
pass the law, the curule aediles and the quaestors should have remained
inactive through the entire year without leaving in our sources some
trace of the disturbance caused by the suspension of their administrative
functions. Dio Cassius states that no judicial process could be
undertaken before the enactment of the law; nevertheless Clodius as
aedile in 56 prosecuted Milo before the people prior to the vote on the
sanctioning act.[1155] The quaestors entered office regularly on December
5;[1156] and as the curiate law was carried for them by the consuls, they
were necessarily in official duty for some time every year before their
election could be sanctioned. It seems clear that ordinarily one curiate
law was passed each year, under the joint presidency of the consuls and
praetors, for all the officials who required it.[1157] If that is true,
a postponement of the law, or a failure to pass it, affected all the
magistrates of the year.
Public-domain text, read in full here on John Shaqi.
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