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
balance rendered in three equal annual instalments—a repetition of the
Licinian-Sextian provision regarding debts. At first the debtors were
willing to grant this concession through fear of failing to obtain any
degree of relief; but the creditors, now hoping to recover everything,
refused to be conciliated. After a time both parties shifted their
attitude; the creditors expressed themselves as satisfied to recover
the principal merely, while the debtors would no longer accept either
alternative of the compromise. The sedition, for such the conflict
became, continued interminably; and although the creditors yielded,
little by little, far more than they had intended in the beginning, the
debtors made each concession the basis of a new demand. They brought
the long, serious struggle to a climax by seceding to the Janiculum, at
the very time when the Tarentines were completing the organization of
a coalition of Etruscans, Gauls, Samnites, and several other peoples
against Rome.[1916] Q. Hortensius, appointed dictator to meet this
crisis, carried through the comitia centuriata a group of provisions for
satisfying the demands of the seceders:
(1) Doubtless a clause for the relief of debtors, of which no
mention is made in our scant sources.
(2) A provision that without the consent either of the senate
or of the patrician portion of it a resolution of the plebs
should be valid for all the citizens.[1917]
At the time when the Valerian-Horatian statute provided that
with the consent of the senate resolutions of the tribunician
comitia tributa should have the force of law, the senate was
still composed exclusively of patricians; and the phrase
senatus consultum in this law was therefore considered a full
equivalent of the patrum auctoritas, the only difference being
that the consultum was given in advance of a popular vote and
the auctoritas subsequently to it. But when with the appearance
of plebeians in the senate the two acts began to drift more
widely apart, the patricians successfully claimed an exclusive
right to the auctoritas, which, as we have seen,[1918] was
reduced to a formality, so far as centuriate legislation was
concerned, by an article of the Publilian law. So long as the
patricians voted in the tribunician comitia tributa, however,
and constituted a majority in the senate, they were willing
to abide by the specific declaration of the Valerian-Horatian
statute which conditioned the validity of the plebiscite on the
senatus consultum. But from 339 they were legally excluded from
the tribunician comitia tributa, and they foresaw, moreover,
the end of their majority in the senate. In the period between
339 and 287, accordingly, they set up a new claim, based
doubtless on the practical intention of the Valerian-Horatian
law, to be free from plebi scita because the latter were passed
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