The Roman assemblies from their origin to the end of the Republic — John Shaqi
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
Of the arguments in favor of Niebuhr’s hypothesis either added by
Schwegler[190] or brought by him into greater prominence, one only
demands attention. He reasons that if the plebs were in the curiate
assembly, it would be impossible to explain the political advance made
by the institution of the comitia centuriata; and the constitutional
history of Rome would be reduced to an insoluble riddle. Here we have
to deal with a subjective argument—the rejection of sources because
they do not agree with a preconceived theory. Arguments of the kind,
however, which may be easily invented for the support or overthrow
of every imaginable proposition, carry little weight. Besides it is
easy to show by analogies from the history of other peoples that the
presence of the commons in the primitive assembly does not make the
constitutional history of Rome a real enigma. In the primitive German
assembly, for instance, were included all the warriors; and yet in the
more developed German states were monarchies and aristocracies which gave
the people little or no voice in the management of public affairs.[191]
The Homeric Greek assembly included all freemen, who, however, had
little to do with the government in that period, and still less under
the aristocracy which followed.[192] In like manner, although the
plebeians attended the comitia curiata and had a majority of votes in
this assembly, they could not thereby control the government, for they
absolutely lacked initiative.[193] The comitia centuriata, a timocratic
institution, elevated the rich and degraded the poor. Here as elsewhere
the poor lost by the substitution of aristocracy for kingship; but a
real constitutional advance was made in the gradations of privilege,
which were based on wealth and which reached like a ladder from the
humblest member of the proletarian century to the patrician knight in the
sex suffragia.[194] These gradations prepared the way for an ultimate
equalization of rights. We conclude, then, that the presence of the
commons in the primitive assembly is perfectly compatible with a rational
view of constitutional development.
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