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 Valerian-Horatian and Publilian statutes are evidence of the right
of the people to legislate regarding the composition and powers of
their assemblies. No longer content, however, with the making and
repeal of laws,—a right guaranteed by the Twelve Tables,[1873]—they
began the practice of occasionally suspending laws to the advantage or
disadvantage of individuals or of classes—in other words, the voting
of privilegia.[1874] There were repeated violations of that article of
the Genucian plebiscite which forbade reëlection to an office within a
period of ten years,[1875] and no mention is made of the necessity of a
dispensation before the year 298, when Q. Fabius Maximus is alleged to
have objected to further reëlection on the ground that such conduct was
forbidden by law. Thereupon the tribunes of the plebs declared that to
remove the obstacle they would propose to the people that he should be
absolved from the legal requirement.[1876] But in fact, as Lange[1877]
has noticed, Fabius had not been consul for ten years and was therefore
legally eligible. Lange suggests that this story of the dispensation
may belong to his next election in 295.[1878] At all events the custom
of granting dispensations began about this time,[1879] although we need
not suppose that the patricians attached much importance to the Genucian
statute, which was adopted by an exclusively plebeian assembly. This
function assumed by the people of freeing from the power of the law,
often exercised in historical time by the senate as well, marks a great
advance toward popular sovereignty. The idea that the law was sovereign,
which had arisen in the early republic, was now yielding to the idea
that it was subject to the caprice of every popular gathering.[1880] The
aristocracy was giving way to a democracy, which under the conditions
destined to prevail at Rome could only mean mob-rule.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account