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
The Trebonian plebiscite, 448 or more probably 401, has already been
discussed.[1788] The interest of the plebs in enhancing the dignity and
importance of their own order manifested itself not only in this act but
also in the Canuleian plebiscite of 445, which reëstablished conubium
between the patricians and plebeians after it had been forbidden by a law
of the Twelve Tables.[1789] Closely related is the centuriate law of the
same year for the institution of tribunes of the soldiers with consular
power to be elected indiscriminately from the two social classes.[1790]
Slightly earlier, if we may trust our sources, the people were given
an unwonted opportunity to share in the decision of questions relating
to foreign affairs; and the favor fell to the comitia tributa under
patrician presidency, which had convened in this form for the first
time in 447 for the election of quaestors.[1791] The question before
this assembly in 446 was the arbitration of a dispute between Ardea and
Aricia concerning a piece of territory. The contestants brought the
case before the Roman senate, which usually decided such matters on its
own responsibility, but which in this instance requested the consuls to
refer the business to the tribes. The aim of the senate must have been
to throw the odium of the decision upon the people, who, disregarding
the claims of the two contestants, lost little time in adjudging the
disputed property to Rome.[1792] This act did not serve as a precedent
for further interference of the assembly in foreign affairs; and when in
427 the people acquired the right to declare an offensive war,[1793] the
function fell to the centuries rather than to the tribes. Apart from this
gain the comitia made little progress[1794] in the period between the
Canuleian and the Licinian-Sextian legislation, 445-367. Few legislative
acts of the tribes are recorded: the plebiscite which provided in a
time of famine for the election of a prefect of the market, 440;[1795]
the historically questionable plebiscite which forbade candidates for
office to whiten their garments, 432;[1796] the plebiscite of 414 for
the creation of a special court to try a case of murder;[1797] the
act, probably a plebiscite, which forbade a patrician to dwell on the
Capitoline, 384.[1798]
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