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 318 a law, doubtless tribal, was passed for sending praefecti
iure dicundo to Capua;[1861] and similar laws were from time to time
enacted for assigning the same kind of officials to other communities
of Italy.[1862] These prefects continued to be appointed by the urban
praetor till after 124.[1863] Whether the law of 318 was pretorian or
tribunician cannot be determined.[1864] Similar in character was the
Atilian-Marcian plebiscite for the election of sixteen military tribunes
instead of six, 311.[1865] The substitution of election for appointment
was in effect the institution of a magistracy—in this case merely an
increase in number within a magisterial college which had existed since
362. In the act of 311 the tribes usurped a function which had hitherto
belonged to the centuries.[1866] Although the elective military tribunes
remained subordinate to the consuls, the change increased their dignity
and in some degree their independence, while it tended to impair the
efficiency of the service. Naturally the office became a stepping-stone
to political honors. The Decian plebiscite of the same year instituted
the duumviri navales charged with the function of repairing, equipping,
and commanding the fleet.[1867] The two plebiscites of this year have
the appearance of a compromise between continental and commercial
interests under the influence of Appius Claudius Caecus the censor.
Closely related is the article of the Ogulnian plebiscite, 300, which
provided for an increase in the number of augurs and pontiffs.[1868]
Here, too, belongs the plebiscite of 296 for the appointment of
commissioners for conducting colonies.[1869] Henceforth it was the custom
of the senate to refer to the people the creation of all extraordinary
offices, and their election to the comitia tributa usually under
pretorian presidency.[1870]
The people made a further advance when they undertook to regulate by law
the composition of the senate itself. To the period between the Publilian
legislation of 339 and the censorship of Appius Claudius Caecus, 312,
belongs the famous Ovinian plebiscite concerning the revision of the
senate list.[1871] It transferred the function from the consuls to the
censors, and required the latter under oath (iurati; MS. curiati) to
enroll all who were worthy among the retired magistrates of every rank,
from the curule functionaries down through those of plebeian standing to
the quaestors.[1872]
Public-domain text, read in full here on John Shaqi.
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