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
Family law underwent some modification. A plebiscite of Q. Voconius
Saxa, 169,[2161] provided that no citizen assessed at a hundred thousand
asses or more should will his property to a woman.[2162] Another article
limited to a half of the estate the amount which any legatee, male or
female, could receive.[2163] Dowries were regulated by a lex Maenia,
which seems to belong to 186.[2164]
In the bestowal of the citizenship the people were unhampered. Doubtless
for some time after the Hortensian legislation comitial acts for this
purpose were commonly authorized by senatus consulta; but in the year
188 we first hear the enunciation of the principle that the people
without the authority of the senate had the power to bestow the ius
suffragii on whomsoever they pleased.[2165] The principle was carried
into immediate effect by the tribunician statute of C. Valerius Tappo,
which without a senatus consultum conferred the right of suffrage on
the Formiani, Fundani, and Arpinates, who hitherto had been cives sine
suffragio. The determination of the tribe to which new citizens should
belong was also provided for by the legislative act of admission.[2166]
The citizenship granted in this period continued occasionally to be
limited. The Campanians, excluded forever from the rights of the state
in 210,[2167] were in 188 placed under the census by a senatus consultum
of the preceding year and were given intermarriage probably by a similar
act.[2168] In early time, at least before 184, the custom arose of
granting to the founders of a colony the right to enroll as citizens
a specified number of aliens. The first recorded instance belongs to
the year mentioned, in which the poet Ennius received the citizenship
in accordance with such a law.[2169] It was by the pretorian comitia
tributa that the priestesses of Ceres, who were Greeks from Naples,
Velia, or Sicily, were admitted to the citizenship.[2170] Perhaps by
the same assembly, at all events by an act of the people, a slave
who deserved well of the state was given his liberty, which involved
citizenship.[2171] Such grants to single individuals by the people,
however, must have been rare.[2172] A Roman taken captive in war,
recovered all his rights simply by returning home (postliminium).[2173]
But even when an entire community was brought into the state by a single
vote, the wording of the law indicates that the inhabitants received
the honor as individuals and not in mass.[2174] It was permissible for
independent communities and individuals to reject the offer of the
franchise,[2175] whereas subjects and partial citizens were compelled
to accept it.[2176] From the facts here stated it will immediately
appear that after the people had acquired an unconditioned right to
extend the Roman franchise, they made little use of the opportunity.
The senate could well afford to concede to them a power which they
cherished a growing disinclination to use. The expansion of the empire
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