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
An epoch was made in the history of the tribunate and of the tribal
assembly by the consulship of Valerius and Horatius, 449, who proposed
and carried a centuriate law[1666] which gave these institutions a legal
basis. The article which logically first claims our attention provided
that any one who injured the tribunes of the plebs, the aediles, or the
decemviral judges should be devoted to Jupiter, and his property should
be forfeit to the temple of Ceres, Liber, and Libera.[1667] According
to Livy,[1668] who here represents the tribunician point of view, the
original lex sacrata, passed on the Sacred Mount, was first renewed with
appropriate ceremonies, thus reëstablishing the religious inviolability
of the plebeian officials, whom then the article of the Valerian-Horatian
statute here mentioned rendered legally inviolable. The constitutional
relation of these two ideas was difficult even for the Romans to
determine. Certain jurists, controverting the tribunician interpretation,
asserted that this law made no person sacrosanct, but merely threatened
with capital punishment any one who injured the officials concerned,
clothing them thus in the same kind of inviolability as that which
protected the ordinary magistrates.[1669] The object, according to this
view, was not only to eliminate from the government the anomaly of a
power sanctioned by religion only,[1670] but also to convert the plebeian
officials into state officials. The leaders of the plebs gladly accepted
the new position tendered them, without being willing however to withdraw
from the old. Henceforth we have to deal, accordingly, with a group
of legally recognized public functionaries who effectively claimed a
religious inviolability hard to reconcile with the constitution, in which
they were in time to make for themselves a disproportionate place.
The second article of the Valerian-Horatian statute was to the effect
that “whatever the plebs ordered in their tribal assembly should be
valid for the people”;[1671] so that henceforth plebiscites, when passed
under the conditions hereafter specified, were the equivalent of leges,
as they were often so called. It is so similar to a provision of the
later Publilian and of the still later Hortensian statute that we should
incline to reject it as an anticipation of the one or the other, were it
not for the fact that under it important plebi scita, as the Canuleian,
the Licinian-Sextian, and the Genucian, were passed.[1672] We must accept
it, then, as historical, and adapt our interpretation to the few known
facts in the case.
Public-domain text, read in full here on John Shaqi.
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