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
As soon as there came to be plebeian senators (about 400), the patricians
reserved to themselves the right to decide on the legality of legislative
and elective acts of the people under patrician presidency—a right
designated by the phrase patrum auctoritas, which signified originally
the authorization of the senators, thereafter of the patrician senators.
Till 339 the patres were at liberty to give or withhold the auctoritas;
but in that year an article of the Publilian law required them to grant
it to legislative acts of the centuries before the voting began and
while the issue was still in doubt, reducing it in this way to a mere
formality.[1413] The effect was to free centuriate legislation from the
constitutional control hitherto exercised by patrician senators.[1414]
Henceforth the resolutions of this assembly could be declared illegal
by no less than a majority of the entire senate. The Publilian statute,
accordingly, deprived the patricians of an important power, whereas
the senate as a whole continued through its consulta to exercise an
increasing influence over the comitia centuriata. Polybius rightly
ascribes to the consuls, therefore, the function of bringing the
resolutions of the senate before the assembly. It could not have been
the intention of Publilius Philo to energize the comitia centuriata
by this provision; for another article of the same statute, confirming
the validity of the tribunician assembly of tribes, as then actually
constituted exclusively of plebeians, paved the way for the Hortensian
law, which by making the acts of the tribunician assembly in every
respect equal to those of the centuries, deprived the latter of their
great importance as a factor in constitutional progress. From the time
of Hortensius to the time of Sulla no constitutional statute is known to
have been enacted by the centuriate assembly; though our sources do not
give us clear information on the point, it is highly probable that the
consuls and dictators of this period preferred to bring their measures
however important before the tribes.[1415] In Sulla’s time the lex
Valeria, 82,[1416] clothing him with his extraordinary dictatorship rei
publicae constituendae, must have been passed by the centuries, which
alone in addition to the politically obsolete comitia curiata could be
summoned by an interrex, as was the author of the law. This act, Lange
remarks, cannot well be considered a revival of the legislative power of
the centuries, as it was not only passed through intimidation and under a
magistrate who had no constitutional right to initiate legislation, but
it also created a legalized tyranny destructive of popular freedom.[1417]
In the words of Cicero it was the most iniquitous of all laws and most
unlike a law.[1418] Only one of Sulla’s statutes, the lex de civitate
Volaterranis adimenda, 81, which, depriving the Volaterrani of their
civitas cum suffragio, placed them in the condition of the Latins
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