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
Through the legislative acts above described we can trace the speedy
restoration of the democracy and of comitial legislative power after
the overthrow of C. Sempronius Gracchus. We are now approaching a
second crisis in which the aristocracy had to struggle for existence.
Against it was formed a combination of three powerful men, C. Marius,
supported by the knights and the municipes,[2434] C. Servilius Glaucia,
and L. Appuleius Saturninus. It is almost certain that this Servilius
is to be identified with the author of the lex repetundarum of 111
or thereabout, probably a plebiscite, which repealed the Acilian law
on the same subject.[2435] In important respects his statute was an
improvement on earlier regulations of the crime. “Glaucia’s alteration
in procedure was thorough and permanent. He introduced the system of the
‘second hearing’—an obligatory renewal of the trial, which rendered it
possible for counsel to discuss evidence which had already been given,
and for jurors to get a grasp of the mass of scattered data which had
been presented to their notice[2436]—and he also made it possible to
recover damages, not only from the chief malefactor, but from all who
had dishonestly shared his spoils.”[2437] These principles were taken up
into the Cornelian law which superseded it in 81.[2438] The circumstance
that the man whom the optimates regarded as merely a vulgar demagogue
was the author of so statesmanlike a measure ought to militate against
their opinion, not only of him, but also of his associates. He, too,
represented the knights,[2439] whereas Appuleius was a champion of the
rural plebs against the senate and the populace. As tribune of the
plebs in 103 the latter proposed a law for the assignment of lands in
the province of Africa to the retiring veterans of Marius in lots of a
hundred iugera each. When Baebius, a colleague, interceded, the people
pelted him with stones and drove him from the assembly. Thus the law
was violently carried, but we hear nothing more of it. Probably it was
not enforced.[2440] This act marks an epoch in the history of Roman
colonization; through it the government first expressed its intention to
provide discharged soldiers with farms, a departure made necessary by the
Marian policy of filling the army with capite censi.[2441] Either to this
tribunate or more probably to his second belongs the lex de maiestate
(minuta),[2442] the first of the kind in Roman history. It defined the
crime and made general provisions for the prosecution of those who were
accused of it.[2443] The same statute provided for the establishment of a
court which seems to have been standing rather than special.[2444]
Public-domain text, read in full here on John Shaqi.
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