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
magistrates nearly regained the place which they and the senate had held
during the century following the overthrow of kingship.[1384]
The nature of our sources does not allow a precise judgment regarding
the importance of the comitia curiata in the early republic. To the
time of the Gallic invasion it may occasionally have passed resolutions
affecting the status of citizens.[1385] But as legislation never became
an acknowledged function of the curiae, we are in a position to assert
that through the comitia centuriata the people were first introduced into
this sphere of public life.[1386]
The earliest legislation of this assembly, in fact the earliest recorded
legislative act of the Roman people, was the lex de provocatione
attributed to Valerius Publicola, consul in the first year of the
republic, 509.[1387] It was also through the centuriate assembly that
the consuls Valerius and Horatius in 449 passed a law which forbade the
election of a magistrate without appeal, and affixed as a penalty the
outlawing of the trespasser.[1388] The third Valerian law of appeal in
300[1389] was an act of the same assembly, whereas all three Porcian
laws on the same subject seem to have been tribal.[1390] The legislative
function of the centuriate assembly, resting in the pre-decemviral period
simply on precedent, brought into being the statute of 471 to establish
a tribal assembly for the transaction of plebeian business, improperly
known as the Publilian law,[1391] the lex sacrata for the division of
the Aventine among the plebeians, erroneously termed Icilian, 456,[1392]
the lex Aternia Tarpeia de multae dictione, 454,[1393] the lex Menenia
Sextia on the same subjects in 452,[1394] the laws ratifying the Twelve
Tables in 451, 449[1395]—all excepting the second having reference to the
limitation of the magisterial power. Regarding the creation of offices,
no mention is made of a law for the institution of the consulate itself;
but the centuries passed a law for the creation of the dictatorship,
501,[1396] and of the decemviri legibus scribundis, which should be named
Sestian after the consul who undoubtedly proposed it, 452.[1397] Thus
far popular legislation had no basis excepting precedent, but a law of
the Twelve Tables now provided that there should be resolutions and
votes of the people, and whatever the people voted last should be law and
valid—the first clear enunciation of the principle that the will of the
people, whenever expressed, prevailed over every other authority.[1398]
It was far from establishing popular sovereignty, however, for the
initiative remained with the magistrates.
Public-domain text, read in full here on John Shaqi.
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