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
THE COMITIA TRIBUTA AND THE RISE OF POPULAR SOVEREIGNTY TO THE YEAR 449
In the belief of the Romans the tribunes of the plebs, originally two,
were instituted in 494 as a concession to the seceding commons to win
them back to the state.[1583] The historical truth of the first secession
need not be discussed here; but there is no good ground for rejecting
the view of the ancients either that the tribunate of the plebs owed
its existence to a revolution or that it began at as early a date.
According to our sources the plebeian tribunes, hence we may infer also
the aediles, were for a time elected, and other business affecting
the interests of the common people was transacted, in comitia curiata
composed potentially of all the citizens.[1584] The change in the form of
organization in 471, from curiate to tribal, will be considered below.
The president of the comitia which elected the first plebeian tribunes
was necessarily a patrician magistrate,[1585] probably the pontifex
maximus;[1586] thereafter, with the exception of the comitia for the
election of the first plebeian officials after the overthrow of the
decemvirs, tribunes of the plebs presided not only for elections but also
for judicial business and for the enactment of plebiscites (plebi scita).
The object of the office of tribune was the protection of individual
citizens, plebeian and patrician alike,[1587] from oppression; and the
means was the auxilium (official aid),[1588] which could be rendered
in no other way than by personal contact; hence the law prohibiting a
tribune from being absent over night from the city[1589] and requiring
him to leave the door of his house open during the night.[1590] In the
further interest of the citizens the tribunes had the unrestricted right
to call the plebs to a contio and address them at any time and on any
subject, to form them when so assembled into voting groups, at first
curiae and after 471, tribes, and to take their votes on proposals
affecting plebeian interests, plebiscites being from the beginning
binding on the plebeian body in so far as they harmonized with the laws
of the state.[1591]
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