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
Till after the decemviral legislation the comitia tributa,[1645]
brought into existence by the statute of 471, was restricted, as had
been the tribunician comitia curiata, to the transaction of purely
plebeian business. In the records of this period we find a continuance
of apocryphal agrarian bills[1646] and condemnations of retired
magistrates.[1647] In reality the only political weapon of the tribunes,
aside from general agitation, continued to be the obstruction of the
levy,[1648] as is proved by their increase in number to ten.[1649]
The only agrarian law of the period, the so-called lex Icilia for the
division of the Aventine among the people, was passed by the comitia
centuriata.[1650] The very circumstance that this mild concession to the
plebs was couched in a lex sacrata[1651] shows how little faith the
commons had in the government.[1652]
During this period the supreme power was the senate. Shortly after the
fall of the kings it provided for the purchase of corn among neighboring
states in a time of scarcity, made a state monopoly of salt in the
interest of the poor, freed the plebs from port dues and tributum,
thereby placing the whole burden of these taxes on the wealthy.[1653]
These acts imply legislative as well as administrative competence.
Foreign affairs,[1654] including the decision of war and peace, were in
its hands. It resolved not to restore the property of the Tarquins,[1655]
decreed triumphs to victorious generals,[1656] the celebration of
games,[1657] the expulsion of the Volscians from the city in the time
of a festival,[1658] controlled the magistrates, including the plebeian
tribunate, by means of the dictatorship,[1659] or clothed the consuls
with absolute authority.[1660] Little room was left for the activity of
the assemblies.
Notwithstanding these unfavorable conditions the tribunes of the
plebs through obstruction of the levy and through their harangues
in contiones[1661] were chiefly instrumental in bringing about the
institution of the decemviri legibus scribundis. Actual votes in
tribunician comitia on proposals looking to that end[1662] could have had
no more than moral weight. Under popular pressure the consul Sestius,
452, referred the question to the senate,[1663] and the bill for their
institution was passed by comitia, doubtless of the centuries. The only
valid activity, therefore, of the tribal assembly prior to the decemviral
legislation, so far as is known, was the enactment of plebiscites, which
lacked the force of law, the election of plebeian officials,[1664] and
the quasi-judicial decision of cases appealed to it by those who were
accused of violating the tribunician sanctity.[1665]
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