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
Afterward as Tiberius found it impossible to reconcile the optimates
to his measure, he withdrew the second article and proposed to eject
illegal holders without compensation.[2264] When the nobles induced
Octavius, a colleague in the tribunate, to veto the bill, Tiberius had
him deposed by a vote of the tribes, and then passed the agrarian law
without further opposition, unauthorized however by the senate.[2265]
The triumviri elected to take charge of the work of distribution were
the author of the law, his brother Gaius, and his father-in-law Appius
Claudius Pulcher.[2266] As the election of these persons was a violation
of the Licinian and Aebutian plebiscites,[2267] a dispensation was
probably granted by vote of the people.[2268] When the commission found
itself hampered by legal inability to distinguish between public and
private land, Tiberius carried a second agrarian law which invested the
triumviri with the necessary judicial power for determining what land was
public and what private.[2269] It was by virtue of this second enactment
that the word iudicandis was introduced into the phrase descriptive
of their functions—“iudicandis adsignandis” or “dandis adsignandis
iudicandis.”[2270] In the year 129, probably at the time of the election
to this office, Publius Scipio Aemilianus brought about the transfer of
the judicial function to the consuls. Appian,[2271] our sole authority
for the latter act, speaks only of its discussion in the senate, implying
that this body rather than the people passed the resolution. In that
case the senate must have annulled the second agrarian law on the ground
that it was illegally passed; for in no other way could it set aside a
comitial statute.[2272] Some land, already delimited, may still have been
subject to distribution; but as the consuls avoided the disagreeable
function received from the commissioners, the work of assignment came
speedily to an end. The agrarian law of Ti. Gracchus fell thus into
disuse till it was revived by his brother.[2273]
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