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
Applied to the holding of contiones and comitia, this inviolability
protected the presiding tribune from interruption, contradiction, and
every disturbance. The principle was afterward extended to verbal abuse
anywhere publicly indulged in.[1605] Even if a man showed disrespect
by not stepping out of the way of a tribune who was passing along
the street, he was liable to the death penalty.[1606] Under normal
conditions, however, the rigorous execution of this lex sacrata could
not be thought of; in place of outlawing the offender against his person
the tribune was ordinarily willing to impose a fine upon him, from
which an appeal might be made to the plebeian assembly; or in cases of
violence to his person, he might resort to capital prosecution, which
was likewise appealable. These principles were formulated in an alleged
Icilian plebiscite of the year 492.[1607] From what has just been said
it is clear that the tribune’s coercive[1608] and judicial functions
resulted, not from usurpation as has often been asserted,[1609] but
from a mitigation of the harsh lex sacrata. In a word, the ultimate
basis of tribunician authority was the revolutionary power of the plebs,
upon which rested the sanctity of the tribunes, and thereon their
jurisdiction. Of the judicial activity attributed by the annalists to
the plebeian officials in the period before the decemvirs we do not know
how much is mythical; but it is safe to say that all the capital cases,
probably all the cases without qualification, which they actually settled
as judges were submitted to by the patrician government for the sake of
peace, without being accepted as legal.
To the third year of the tribunate, 491, is assigned the first mentioned
exercise of tribunician jurisdiction. C. Marcius Coriolanus, the
accused, had advocated in the senate the abolition of the tribunician
office,[1610] and had done personal violence to the aediles, in this
way rendering himself liable to the penalty of the lex sacrata on which
rested the sanctity of the plebeian officials. Instead of declaring him
a homo sacer, a tribune brought him to trial before the tribes, which
condemned him by a narrow majority.[1611] The story is now regarded by
all scholars as a myth. The vote by tribes at this early time is either
exceptional or more likely an anticipation of later usage.[1612]
Public-domain text, read in full here on John Shaqi.
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