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
After providing in the frumentarian act an expedient which, we
may believe, he looked upon as temporary, he resumed the work of
construction[2303] by reviving his brother’s agrarian law.[2304] The
continuance of the assignations as long as there remained any public
land that could be distributed was a most essential element of his plan.
Among the articles retained were those which subjected the holders of
assigned lots to a tax[2305] and exempted from distribution the Campanian
territory not set apart for his colony at Capua,[2306] as well as various
other lands excepted both by the agrarian law of Tiberius and by that
of 111.[2307] Doubtless it also reinvested the three commissioners with
judicial power, without which they could accomplish nothing. Through
this agrarian law, or possibly through a subsequent lex viaria, the
triumviri were empowered to build roads for the accommodation of the
new peasantry.[2308] Though introducing no new principle,[2309] his
lex agraria was not a simple reaffirmation of his brother’s law with
amendments and additions; but “a comprehensive statute, so completely
covering the ground of the earlier Sempronian law that later legislation
cites the law of Gaius, not that of Tiberius Gracchus, as the authority
for the regulations which had revolutionized the tenure of the public
land.”[2310]
These measures were passed before the tribunician elections of the
year,[2311] which took place as usual in midsummer.[2312] It was his
frumentarian law, together with the hope aroused by the long array of
promulgated measures, which secured his reëlection. Soon afterward,
though still in 123, he brought before the comitia a rogation concerning
the qualification of iudices. As the quaestiones extraordinariae from the
earliest times were made up of senators, it was natural that the standing
courts also from the time of their institution should be similarly
composed.[2313] Under such conditions the judicial authority afforded
no efficient check upon maladministration; and this immunity from the
law, together with the temptations to the misuse of power especially in
provincial commands, tended in the course of generations to make of the
senate, with individual exceptions, a class of grand criminals. To remedy
this evil and at the same time to remove from the senate the strongest
foundation of its political power,[2314] Ti. Sempronius Gracchus had
proposed his rogatio iudiciaria either for transferring the courts
entirely to the knights, or more probably for making up the juries of an
equal number of senators and knights.[2315] It failed to become a law;
but Gaius now took up the matter, and after experimenting unsuccessfully
with one or two projects,[2316] he finally, 122, carried a plebiscite
which substituted knights for senators in the alba iudicum,[2317] from
which not only standing courts but also special commissions were to
be filled.[2318] It is uncertain whether mention was made of equites
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