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
Appreciating the great possibilities of the tribunate, the patricians
attempted to fill the college with men of their own rank. If we are to
trust our authorities, an effort was made in that direction immediately
after the fall of the decemvirs, when it was agreed that the pontifex
maximus should preside over the tribal comitia for the election of the
first tribunes of the plebs under the restored constitution.[1720] Among
the men chosen were some so closely attached to patrician interests
that at the end of the year they secured the election of successors who
coöpted into the college two patricians of consular rank.[1721] At this
crisis there was great danger that the college of tribunes might become
a possession of the patricians. It was averted, however, by a certain
tribune, L. Trebonius, who succeeded in carrying a law that whoever
presided over the comitia for the election of tribunes should continue
till ten tribunes were elected, the object being to preclude coöptation.
The tribune who violated this law was to be burned alive.[1722] That
part of Livy’s account which assigns the author of the law to the
year 448 is improbable. A half century later (401) he informs us, it
happened that two places left vacant in the college were again filled
by the coöptation of patricians and, by the strangest accident, a Cn.
Trebonius was among their colleagues. His complaint that the Trebonian
plebiscite and the leges sacratae were being violated had, in Livy’s
opinion,[1723] no result. Probability greatly favors the later date for
the law, especially as an instance of coöptation is mentioned between
the two dates;[1724] the name of Trebonius or of one or more patricians
in the college of 448[1725] was enough to lead the historian astray. The
later date fits well the political condition of the time; the patricians,
almost succeeding in monopolizing the military tribunate with consular
power, proceeded to lay hands on the plebeian tribunate—a far more
valuable prize. After 401, however, the Trebonian law proved effective
in excluding patricians from the tribunate of the plebs. Henceforth
all plebeian officials were elected by the tribes under tribunician
presidency.[1726]
In granting the tribal assembly a share in law-making the senate must
have hoped to convert it into an organ of the patrician government.
Shortly after the Valerian-Horatian legislation, accordingly, patrician
magistrates began to convoke this assembly for the election of quaestors
(447)—previously appointed by the chief magistrates[1727]—and afterward
of curule aediles (367),[1728] military tribunes,[1729] and other minor
officials.[1730]
II. _Judicial_
_a._ TRIBUNICIAN
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