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
Whereas before the second century B.C. no mention is made of a comitial
act for the founding of a colony, in the beginning of the period now
under consideration the function was exercised by the people three or
four times in quick succession. In 197 was enacted the tribunician
statute of C. Atinius for planting five colonies—Vulturnum, Liternum,
Puteoli, Salernum, and Buxentum—on the coast of Italy, each to consist of
three hundred families, the execution of the measure to be in the hands
of triumviri, who were to hold their office three years.[2151] Not long
afterward a plebiscite of Q. Aelius Tubero provided for founding two
Latin colonies, one in Bruttium, the other at Thurii, each by triumviri,
who likewise held office three years. The measure was authorized by a
senatus consultum, 194.[2152] In the same year a tribunician law of
M. Baebius Tamphilus provided for the establishment of three Roman
colonies.[2153] Mention of colonial legislation by the people then
ceases. Although the phenomenon may be due in some cases to the sources,
this explanation does not generally hold good, especially as the
colonization of the years 189[2154] and 184[2155] is expressly attributed
to the senate, and because Velleius[2156] credits that body with the
founding of all the colonies from the Gallic conflagration to his own
time. Probably before the Gracchi a senatorial decree was issued in every
case, and though the commissioners for conducting colonies were as a rule
elected by the tribes after 296,[2157] the people were given but a taste
of power within this administrative field.[2158]
Early in the second century B.C. we find creditors rioting in usury,
unchecked by the various statutes which had been enacted against the
evil. They discovered a way of circumventing the law by transferring
their securities to citizens of an allied state, who had a right to force
the collection of debts under the law of their own community. To put a
stop to this kind of fraud the senate decreed that after a stated date
allies who lent money to Roman citizens should register the transaction,
and that in suits for the collection of such money the debtor should have
the privilege of choosing under which law, whether that of Rome or of the
allied community, the suit against him should be tried. As the registers
provided for the purpose showed that an enormous amount of fraud was
still being committed in circumvention of the law and of the senatorial
act, M. Sempronius, tribune of the plebs in 193, ex auctoritate patrum
proposed and carried a statute which ordered that money lent between
a Roman citizen and one of a Latin or other allied state should be
collected under Roman law.[2159] This is one of the earliest instances
of unfairness introduced by Rome into the private relations between her
citizens and those of her allies.[2160]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account