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
lands now in office shall, within the next five days after ascertaining
that the law has been enacted, swear in the manner described below: also
that the dictator, consul, praetor, master of horse, censor, aedile,
and other officials as above enumerated, and the index appointed under
this law shall in future take the oath within five days after entering
upon their magistracies or imperia. They shall give oath to the urban
quaestor publicly in front of the temple of Castor, swearing by Jupiter
and the di Penates that they will do as the law requires and will not
with knowledge and malice prepense violate the law or by intercession or
otherwise hinder its administration. He who fails to swear shall not be
candidate for a magistracy or imperium, or manage or retain either, or
address the senate or be chosen into it; and the quaestor shall keep a
list of those who have taken the oath. The fourth article provides that
whoever is or shall be a senator, or shall have the right of addressing
the senate after this law has been passed, shall within the next ten
days after ascertaining the fact of its enactment take an oath like that
described in article 3. The penalty for failure to swear is not mentioned
in the extant fragment, but must at the mildest have been expulsion from
the senate.
Closely connected with the transfer of the iudicia from the senators to
the knights is the statute of Gaius concerning the taxation of Asia. It
ordered the censors to let out the taxes of this province to the highest
bidders; and it limited the right of the senate to lessen the sum agreed
upon.[2346] Under such an arrangement, however, no sufficient guarantee
could be provided for the security of the provincials from publican
exactions.[2347] The political result of this legislation in favor of
the knights was to invest them not only with an important share in the
administration, but through the courts with a superiority even over the
senate.[2348] The opposition of the poorer class to the aristocracy could
never be otherwise than uncertain and fitful; but the knights with their
immense wealth and their efficient organization were to be henceforth
an ever present rival of the senate. The author of the law had given
the state a double head,[2349] which was to prove the source of civil
discord; or nearly in his own words, he had thrust into the body of the
senate a sword which nothing could withdraw.[2350] For a few months their
benefactor may have cherished the delusion that he could depend upon
their grateful support; he lived to discover that they cared not for him
or his reforms but only for their immediate interests. In his work of
construction the statesman found them slightly more serviceable than the
proletariate.
Public-domain text, read in full here on John Shaqi.
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