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 solely with the place of the assemblies in this system that we are
at present concerned. Inasmuch as the consuls were supreme masters of
the home administration, as well as of the actual conduct of war,[2110]
and as the senate controlled finance, diplomacy, and all interstate
judicial business affecting the Italian allies,[2111] what part in the
government could have been left to the people? Polybius answers a most
weighty part. They are constitutionally the sole fountain of honor and
punishment, by which alone governments and societies are held together.
Not only are they in a position to discriminate between the fit and the
unfit in elections to office, but they are the sole court for trying
cases involving life and death. The death penalty, however, may be
avoided by voluntary exile, if undertaken before a majority has been
reached in the process of voting.[2112] Even finable actions in which the
proposed penalty is considerable, especially when the accused has held
a higher magistracy, come before them. It is they who bestow offices on
the deserving—the most honorable reward which the constitution grants
to virtue. It is they who have absolute power to decide concerning the
adoption or repeal of laws; and most important of all, it is they who
deliberate concerning war and peace, and who ratify or reject proposals
for alliances, truces, and treaties.[2113] These facts might lead one to
suppose that the supreme power is with the people and that the government
is a democracy.[2114] In the domestic administration the consuls are
dependent on them for authorizing various kinds of business and are under
obligations to execute their decrees.[2115] In war, however distant
from home, the consul must still court their favor, to secure their
ratification of his arrangements for peace; and on laying down his office
he is liable to prosecution before them for maladministration.[2116]
Hence he can afford to neglect them no more than he can the senate.[2117]
The senate, too, is dependent upon the people for ratifying all serious
penalties imposed by the courts, which are made up of senators.[2118]
Similarly in matters directly concerning that body, the people have power
to accept or reject proposals for diminishing its traditional authority,
for depriving its members of dignities or offices, or even for lessening
their means of livelihood.[2119] But the greatest popular restriction
upon its authority is the tribunician veto, which can prevent it from
passing a decree or even from holding a meeting. As the tribunes are
under obligations to carry into effect the decisions of the people and
in every way to have regard for their wishes,—for this and for the other
reasons mentioned, the senate respects the people and cannot fail to
neglect their feelings.[2120]
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