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
It is not unlikely that the Flaminian age saw the earliest comitial
legislation governing judicial procedure in private cases.[2067] Some
changes were wrought, too, in family law by popular vote. In early
time intermarriage between persons of the sixth degree of kinship was
forbidden by usage;[2068] but in the period between the first and second
Punic wars the right was extended to relatives of the fifth and sixth
degrees,[2069] and shortly afterward to those of the fourth degree
(consobrini).[2070] Another law, the lex Atilia, enacted between 242 and
186,[2071] probably in the second Punic war,[2072] directed the urban
praetor to appoint a tutor for a woman or child who was left without a
natural protector.[2073] It now became possible, too, for a magistrate
under justifying circumstances to place a young man under twenty-five
in the care of a curator, in accordance with the Plaetorian law,[2074]
which was enacted before 192,[2075] and which belongs therefore to the
Flaminian age.[2076]
In the same period we find the comitia active in other fields. In 215 a
tribal law of an unknown author granted the citizenship to three hundred
Campanian knights who had remained faithful to Rome, and assigned them to
the municipium of Cumae.[2077] Following a precedent set by the Antistian
plebiscite of 319,[2078] L. Atilius, tribune of the plebs in 210, carried
a law, in pursuance of a senatus consultum, for granting the senate
absolute power over the Campanians who had revolted;[2079] and the senate
accordingly not only punished them with loss of citizenship but reduced
them to miserable subjection.[2080] The right of the comitia to ratify
a vow of a sacred spring was recognized in 217 by an opinion rendered
by the pontiffs,[2081] and was first exercised through a plebiscite of
that year.[2082] The appointment of commissioners for the dedication of
temples also belonged to the assembly,[2083] as well as the regulation
of religious festivals.[2084] The greatest gain made by the people
within the province of religious legislation in the third century B.C.
was the provision for electing the pontifex maximus by seventeen tribes
drawn by lot from the whole number thirty-five and presided over by
a pontiff. This innovation probably belongs to the Flaminian era and
certainly to the time before 212, when the first instance of such an
election is given.[2085] The act was followed by another, before 209,
which authorized the election of the chief curio in the same way.[2086]
The object was to take the control of these places from the nobles,
who looked upon the great sacerdotal collegia as a main support of
their political power.[2087] It was but the beginning of a movement
for transferring the appointment of all members of these collegia to
the comitia sacerdotum, made up as above described. In the peculiar
composition of assemblies of this character we see an attempt to make
the gods in some degree coadjutors of the populace in filling the sacred
places.[2088]
Public-domain text, read in full here on John Shaqi.
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