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
If the tribunes presumed to condemn men to death, they certainly would
not hesitate to fine them for lighter offences. For checking the power of
the magistrates to levy unlimited fines the consuls of 454, A. Aternius
and Sp. Tarpeius, passed through the comitia centuriata a law which
set the maximum fine to be levied by a magistrate on an individual in
any one day at thirty cattle and two sheep, the minimum being a single
sheep. In case he exceeded the former amount, an appeal could be made
to the assembly.[1623] In the opinion of Dionysius[1624] this law was
interpreted to apply to all magistrates, including those of the plebs,
and was made accordingly the basis of the tribunician jurisdiction in
finable offences. These consequences seem to have been drawn from the
statute, although the proposers may not have so intended it.[1625]
Sufficient evidence has now been offered that before the decemviral
legislation the plebeian tribunes exercised, on the basis of their
sanctity, a vague jurisdiction in both finable and capital cases,
occasionally submitted to by the patrician government though probably
not recognized by it as just or constitutional. For the same period
their method of agitation by the obstruction of the levy,[1626] by
haranguing the people in contiones,[1627] and occasionally by sedition,
proves clearly the lack of legislative power through the assembly over
which they presided, as well as their lack of veto on the acts of the
government. With reference to legislation the course of the discussion
in the present and following chapters will make it evident that only
by a provision of the Hortensian statute did plebiscites become
unconditionally binding on the whole people. Although from the beginning
a tribune, as a member of a collegial office, could intercede against
the act of a colleague, he had in this period no legal right of the kind
against the government; for had he now possessed it, as he did at a later
age, he would have felt no need of obstructing the levy—a relatively
slow, clumsy method of political warfare. It is to be noticed further
that the power of veto of the tribunes, after it had been acquired,
rested upon their jurisdiction. If a magistrate persisted in ignoring
their prohibition, his act remained valid but he rendered himself
liable to tribunician prosecution.[1628] Necessarily, then, as long as
the tribunes lacked judicial competence (till the Valerian-Horatian
legislation, 449) they lacked the veto against governmental action;
as long as their judicial competence depended upon the will of the
government (probably till the Hortensian legislation, 287), their veto
on the government must have been correspondingly limited. Finally it was
not till tribunician obstruction of the levy, sedition, and secession
disappear (that is, with the enactment of the Hortensian statute) that
we have a right to assume the existence of an unrestricted tribunician
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