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
veto.[1629] The method of the tribunes in the pre-decemviral period
was, by the means above indicated, to force a proposed measure upon
the patrician magistrates, and to compel them to bring it before the
centuriate assembly in regular form.[1630]
In view of the circumstances that passed bills alone were recorded and
hence could be known to posterity, we may reject as unauthentic all the
alleged proposals of agrarian laws of this period,[1631] which however
may not have been free from agitation of the kind.
A law of the year 471 gave the tribunician assembly a tribal
organization. This measure, brought about by the agitation of Publilius
Volero, tribune of the plebs of that year,[1632] must, for the reason
above mentioned, have been an act of the comitia centuriata.[1633] The
motive given by Livy was the desire of the tribunes to free themselves
from the influence which the patricians through the votes of their
clients exercised on the assembly.[1634] The curiae contained all
the citizens,[1635] the tribes none but the landowners. The tribal
organization, therefore, excluded not all the clients but those only,
together with any other citizens, who were landless.[1636] Probably
in other ways the patricians had greater control of the curiate than
of the tribal assemblies, although it is impossible to believe with
Dionysius[1637] that the essence of the change from the curiate to the
tribal comitia consisted in the elimination of auspical influence. That
the law forbade the patricians to take part in tribunician assemblies, as
Zonaras[1638] imagines, is not probable, for it gave the tribune no new
authority over the patricians; he had power neither to summon them to his
assembly nor to expel them from it.[1639] In fact we have evidence of the
presence of patricians in tribunician assemblies after this date.[1640]
The so-called law of Publilius Volero, now under discussion, was confused
by the sources with the Publilian law of 339, some of the provisions of
the later act being uncritically assigned to the earlier.[1641]
The statute of 471 imparted to the tribunician assembly no new function.
Although in mentioning the bill Dionysius[1642] includes a proposal to
grant the assembly legislative power, when he comes to speak of the
statute as actually passed, he refers only to its provisions for the
election of plebeian tribunes and aediles by the tribes, herein agreeing
with Livy and other authorities.[1643]
In the same year four tribunes of the plebs were elected for the first
time.[1644] The increase was probably effected by an article of the
statute under discussion.
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