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
without their auctoritas.[1919] If they could make good their
intention, they would remain unaffected by tribunician laws
for the abolition of debt. But the Hortensian statute settled
finally the controversy to their disadvantage. That it also
rendered the consultum unessential to the validity of the
plebiscite is proved not only by later usage but also by the
statement of our sources that resolutions of the plebs were
placed by the Hortensian act on an equal footing with laws.
(3) Now that the tribunes were given equal freedom with the
patrician higher magistrates in initiating legislation, it
was of advantage to the nobility to bring the former into the
closest possible touch with the senate. Probably therefore
the right of the tribunes not only to sit in the senate, but
also in the interest of their business to summon that body and
to preside over its sessions when so convoked, was due to a
provision of the Hortensian law.[1920]
(4) A correlate of the full power to initiate legislation was
the right to veto acts of the government, probably acquired by
the Hortensian statute.
(5) But the veto depended upon the power to prosecute.[1921]
The unlimited veto implied a right to bring finable or capital
actions independently of the will of the patrician magistrates.
Either by a provision of the Hortensian statute or as a direct
consequence of it, the tribunes acquired an unconditioned right
to prosecute, being now competent in capital cases to compel
the praetor to grant the auspices for holding the comitia
centuriata. With the establishment of their absolute power of
intercession and jurisdiction they ceased to resort to sedition.
(6) Another article provided that the market-days should be
fasti, allowing judicial business to be done thereon, but
forbade the meeting of voting assemblies on such days.[1922]
The peasants who came into the city to use the markets were
thus afforded an opportunity to have their law suits settled
without being engrossed by the duty of voting, though the
magistrates were at liberty to invite them to informal
contiones.[1923] This Hortensian provision was conservative in
so far as it placed the tribunician assembly under the same
pontifical regulations of the calendar as those which were to
control the other forms of comitia.[1924]
Public-domain text, read in full here on John Shaqi.
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