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 right of the people in their tribal assemblies to legislate
concerning religion had already been established by the precedent of
the Licinian-Sextian plebiscite on the decemviri sacris faciundis[1881]
and of other less important acts.[1882] Immediately after the Publilian
legislation the comitia of tribes became more active in this field.
To the period of the great Latin war according to Cicero,[1883] hence
necessarily to 338,[1884] belongs the consular lex Maenia, which added
to the Ludi Romani the day called instauraticius,[1885] although less
trustworthy accounts assign the establishment of this day to 491.[1886]
The law initiated by the senate in 304 forbidding the dedication of a
temple or altar except by permission of the senate or of a majority of
the college of tribunes[1887] was probably passed by the comitia tributa
plebis. In the opinion of Lange[1888] it was either identical with, or
afterward supplemented by, the lex Papiria tribunicia, which forbade the
consecration of a temple, precinct, or altar without an order of the
plebs.[1889] The latter is the more probable; it seems reasonable that,
as Lange suggests, the right of the people in this matter developed from
the necessity of referring to them cases in which the senate and the
tribunes could not agree. Technically religious, though of vast political
consequence, was the Ogulnian plebiscite of 300, which increased the
number of augurs and pontiffs to nine each, and provided that four augurs
and five pontiffs should be plebeian.[1890] It was the last step in the
opening of offices to the plebs.
Public-domain text, read in full here on John Shaqi.
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