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
all their superior influence in both lawful and unlawful ways to block a
popular measure, the tribunes, naturally wishing then to exclude them,
attempted to establish the principle that tribunician assemblies were
exclusively plebeian. This question was settled by the law of Publilius
Philo, 339.[1680]
This article of the Valerian-Horatian statute was a concession extorted
from the patrician government by the strongest pressure, perhaps by a
plebeian secession. The actual advantage which it brought to the plebs
was minimized, however, by the provision that the previous consent of
the senate was essential to the validity of bills brought before the
tribunician assembly.[1681] The patricians could urge in support of this
arrangement that as their magistrates according to long established
custom always obtained the previous consent of the senate (senatus
consultum) to measures brought before any assembly, and were absolutely
required to obtain senatorial sanction (patrum auctoritas) for curiate
and centuriate laws and elections,[1682] the tribunes, who were free from
the trammels of the sanction, should be legally compelled to consult the
senate before bringing a measure into their assemblies, especially as
their legislation was in a field hitherto monopolized by the patrician
magistrates and the senate. Although the tribunes of the plebs would
have preferred to understand by the term plebiscite all that it had
meant before—the unconditioned resolution of the tribal assembly under
their presidency—they must have felt satisfied for the time being with
the great gain they had made, however strenuous they afterward became to
relieve themselves of senatorial control. This condition on the validity
of the plebiscite is not expressly mentioned by Livy in connection with
the Valerian-Horatian legislation, but is assumed by the sources for the
following period.[1683] The same thing is clearly implied, too, in the
long series of political struggles which came after the enactment of the
Valerian-Horatian statute.[1684] Had the tribunes been free to legislate
without interference on the part of the senate, they would have been in
a position easily to complete the social and political equalization of
the orders, and by one sweeping reform law to place themselves and their
constituents in the condition reached by an almost uninterrupted conflict
of a hundred and sixty years (449-287).[1685]
It was in accordance with this regulation that another article of the
Valerian-Horatian statute directed the aediles of the plebs to preserve
the senatus consulta in the temple of Ceres.[1686] We cannot look
upon these officials as keepers of the senatorial archives of that
time,[1687] and hence must conclude that the documents in their charge
were those decrees which authorized the presentation of tribunician
bills, for with those alone the plebeians were directly concerned.
Public-domain text, read in full here on John Shaqi.
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