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
First among the statutes relating to the election of magistrates is to
be placed the Maenian plebiscite, adopted in 287 or thereabout, which
directed the patres in case of elections, as the Publilian statute had
directed them in case of rogations,[2008] to give their auctoritas before
the voting began, while the issue was still uncertain.[2009] Blocking
the last efforts of the patricians to monopolize the consulship,[2010]
the act completed the reduction of the patrum auctoritas to a formality.
The sources represent Appius Claudius Caecus as the chief offender
whom this law was designed to rebuke. His personality had brought
to the censorship an enormous accretion of power which disturbed the
constitutional balance. In this period that magistracy assumed also the
function of supervising the morals of the citizens.[2011] To check this
disproportionate growth a law, probably tribunician, of 265 forbade
reëlection to the office.[2012]
The Romans created no more absolutely new magistratus ordinarii. In 267,
however, probably by an act of the comitia tributa, they doubled the
number of quaestors—from four to eight—in order that the new members of
the college might attend to the financial business of the government at
various points in Italy.[2013] A second praetor was created in 242,[2014]
doubtless by a law, not only for jurisdiction inter peregrinos but
also for increasing the number of magistrates available for military
commands.[2015] The tresviri capitales, instituted in 289,[2016] were
given the rank of magistrate by a plebiscite of L. Papirius, adopted
after 242, which directed the urban praetor to elect these officials
in the comitia tributa.[2017] In 241 the people, probably in tribal
assembly, granted to L. Caecilius Metellus on account of his blindness
the privilege of riding to the Curia in a carriage.[2018]
One statute referred to this period[2019] belongs to the domain of
private law. The first chapter of the tribunician lex Aquilia provided
“that if a slave of another man, or a quadruped of his cattle, be
unlawfully slain, whatever within a year is the highest value thereof,
that amount the offender shall pay to the owner.”[2020] The second
chapter secured the principal stipulator against adstipulators, and the
third provided for all other kinds of damage.[2021] It superseded all
previous statutes on the subject, including that of the Twelve Tables.
II. _The Flaminian Era_[2022]
232-201
Public-domain text, read in full here on John Shaqi.
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