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
In the period under discussion, 449-287, a single effort to hold the
plebeian tribunes responsible for their official conduct is reported.
In 293 two retired tribunes were condemned to a fine of 10,000 asses
each on a charge of having favored the patres by interceding against the
proposals of colleagues.[1751] This instance, if historical, is the only
one of the kind before the revolution. The tribunes doubtless felt that
the prosecution of their predecessors rendered their own future unsafe.
Several attempts were also made by legislation to reach results
equivalent to judicial sentences. In spite of the prohibition of
privilegia by a law of the Twelve Tables, Sp. Maelius, a tribune of
the plebs in 436, tried to carry a resolution for the confiscation of
the property of Servilius Ahala; but the people rejected it.[1752]
Another privilegium was the resolution of the plebs of 368 which
threatened M. Furius Camillus with a fine of 500,000 asses, should he
use his dictatorship to obstruct the Licinian-Sextian bills then under
discussion.[1753] It was certainly not supported by a senatus consultum,
and probably the proposers had no serious intention of carrying it into
effect.
In reviewing the finable actions alleged to have been brought by the
plebeian tribunes during the two centuries which intervened between the
institution of their office and the Hortensian legislation, as in the
case of the capital actions,[1754] we are struck by the relatively small
number belonging to the latter part of the period; in fact to the time
following 362 two cases only are assigned, one of which is insignificant.
The conclusion we must draw from this fact is similar to that expressed
with relation to the capital cases—that the finable actions attributed
to the earlier period are in all probability largely unhistorical, and
that before the enactment of the Hortensian law the jurisdiction of the
tribunes in finable cases was limited and rare.
_b._ AEDILICIAN
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