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 deposition of Octavius[2274] requires especial consideration. In
136 the proconsular imperium had been abrogated, probably by a popular
vote[2275]; but no instance of the abrogation of an actual magistracy had
thus far occurred. Most scholars consider the act unconstitutional.[2276]
It did indeed involve a sweeping departure from long-established custom;
but in favor of its legality may be urged the fact that nearly all the
powers ever possessed by the assembly are known to have been acquired in
the way in which Tiberius was attempting to establish for it the right
to remove from office—by precedent rather than by law. A statute of the
Twelve Tables declared that whatever the people voted last should be
law and valid[2277]; and through the ages preceding the Gracchi they
had often applied this principle to the extension of their power at the
expense of the senate and magistrates. They were sovereign; and if they
chose to introduce the custom of deposing a magistrate whom they regarded
as the betrayer of their dearest interests, they had the legal right. The
wisdom of the proceeding may be questioned, but he who has followed the
history of the assemblies thus far must regard the measure as merely one
of the many steps by which the people advanced toward the realization of
their sovereignty.
Tiberius attempted to apply the same principle to securing his election
to the tribunate. His motive was not a purely selfish desire to save his
life; it required no superhuman wisdom to discover that his downfall
would mean the collapse of the great reform on which he had set his
heart. The continued ascendancy of a popular champion necessarily
involved the overthrow of the senatorial government. This idea, which
he now clearly grasped, found expression in his new political platform,
(1) to shorten the period of military service, (2) by means of a law of
appeal to vest the supreme jurisdiction solely in the people, so as to
deprive the senate of its extra-constitutional judicial power,[2278]
(3) to give the equites equal representation with the senators in the
juries, or possibly as Dio Cassius states, to transfer the courts from
the senate to the knights.[2279] When the day of election came, his
peasant supporters were busy with their harvests, and his platform
did not strongly appeal to the city plebs, on whom he had chiefly to
rely for votes. Had the people insisted, as they twice did in favor of
Scipio,[2280] they would have prevailed either with or without an act
of dispensation passed by the senate or by themselves[2281]; but the
weakness of his supporters rather than any illegality in the proceeding
proved his ruin. To free the future reformer from this limitation,
however, a rogation of C. Papirius Carbo, tribune of the plebs in 131,
proposed that a tribune should be eligible to reëlection as many times
as he chose to offer himself as a candidate. This rogation failed[2282];
but before the tribunate of C.
Public-domain text, read in full here on John Shaqi.
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