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 Hortensian enactment which raised the plebiscite to an equality
with the lex and gave the tribunician initiative full constitutional
freedom[2003] seems to have been especially calculated to prepare for a
splendid outburst of legislative energy. No such result, however, was
actually reached. Circumstances prove the leaders of the plebs to have
been well satisfied with the political gains thus far made as regards
(1) their place in the senate assured them by the Ovinian statute,[2004]
(2) their right to the magistracies, confirmed by various laws, (3)
the powers of the tribunate and its relation to the senate established
by the Hortensian statute. Content with their position as a branch of
the widened nobility, inferior neither politically nor socially to the
patrician branch, and happy in the enjoyment of authority, they were now
as much inclined as the patricians to discourage and to resist further
aggression on the part of the plain citizens. Their control of the
initiative in legislation was the chief means of forwarding this policy.
Their respect for the senate, in which they were now rapidly becoming the
dominant party, was such that they were willing to forego the recently
acquired privilege of bringing their rogations before the people without
the senatorial sanction. But in case a tribune was so bold and so out of
harmony with his political peers as to offer an unsanctioned bill, they
could count on the intercession of one of his colleagues; if matters came
to an extremity, the senate could annul the act after its adoption by
declaring it illegal or contrary to the auspices.[2005] Evidently the
plebeian nobles were aware, too, that with the increase in the number of
citizens and with their dispersion over Italy the assembly had ceased to
represent the citizen body, and was failing in ability to grapple with
the new and increasingly complex problems of administration created by
the widening of the Roman domain.[2006]
Under these new conditions the assemblies continued, it is true, to
elect their annual magistrates and to receive appeals from the judicial
decisions of the latter, more rarely to declare war or to ratify a
treaty. Occasionally they passed a law to increase the number of
magistrates or to regulate elections; but for the fifty-five years
following the Hortensian legislation, 287-232, there is no record of the
enactment of a distinctly administrative law. The silence of history on
this point is due not so much to the exceptionally scant sources[2007] as
to a lack of comitial activity.
Public-domain text, read in full here on John Shaqi.
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