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 limitation upon the judicial imperium of magistrates and
promagistrates by the three Porcian laws of appeal, which belong
to this period, has been considered in connection with popular
jurisdiction.[2141] The last of these acts affected the administration
of the provinces and of military affairs, which belonged originally to
the magistrates and the senate. It was only by degrees that the people
interfered in this department. The earliest known act of the kind was
the consular lex de sumptu provinciali of M. Porcius Cato, 195, for
limiting the expenses of provincials in the support and honor of the
governor.[2142] To prevent conflicts in the provinces between the
incoming and the retiring governor, Cato favored a regulation, adopted
probably in 177, whether a lex or a senatus consultum has not been
determined, to the effect that the imperium of the outgoing functionary
should cease on the arrival of the new.[2143] It was still more unusual
for the people to take part in the organization of a new province; but in
146 a lex Livia, probably tribunician, commissioned P. Scipio Aemilianus,
assisted by ten legati, to organize the province of Africa.[2144]
In foreign affairs the assemblies took the same part as in the preceding
period; the centuries continued to declare war and the tribes to ratify
peace. In 196 the tribunician lex Marcia Atinia compelled the consuls
against their will to conclude a treaty with Macedon.[2145] In 149 L.
Scribonius Libo, tribune of the plebs, attempted in vain to secure the
adoption of a rogation for restoring liberty to the Lusitanians, whom
the praetor Servius Galba had treacherously enslaved.[2146] No less
characteristic of the age is the consular lex of L. Furius and Ser.
Atilius, 136, for surrendering C. Mancinus to the Numantines because
without the consent of the senate he had made an unfavorable treaty with
them.[2147] The deterioration in the character of Roman generalship and
warfare is indicated by a statute of unknown authorship, enacted after
180,[2148] which forbade a triumph to a commander who had not killed at
least five thousand of the enemy in a single battle.[2149] The intention
of the law, however, which obviously was to prevent commanders from
triumphing for fictitious or insignificant victories, was circumvented by
falsifications regarding the number of enemies slain or by triumphs on
the Alban Mount.[2150]
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