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
No statesman, however opposed to popular government, could think of
abolishing the comitia or even of putting an end to their legislative
function. But the democracy could be effectually checked by reducing
the legislative power of the assemblies to the harmless function of
ratifying decrees of the senate. This result Sulla and Pompeius aimed
to reach by renewing an ancient law[2523] that no measure should ever
again be brought before the people which had not been previously
considered and agreed to by the senate.[2524] A closely related law of
the same consuls ordered that “the voting should not be by tribes but
by centuries, as King Tullius had ordained.”[2525] This statement has
often been interpreted to signify the restoration of the earlier form of
comitia centuriata. But it seems most improbable that, on the point of
setting out for a long, distant war, Sulla should think of restoring an
organization which had been obsolete for more than a century and a half,
and which could have been known to none but antiquarians. With his clear,
practical intelligence he could not have failed to see the insuperable
difficulty of restoring the ancient definitions of the classes in
terms of iugera or even on the later basis of the libral _as_.[2526]
Furthermore no censors were then at hand to undertake the work, and it
was altogether unlikely that during his absence any could be elected who
would be willing to apply themselves to the revitalization of the antique
mummy. Such a measure, too, as Meyer[2527] has pointed out, would place
the control of the assembly in the hands, not of the senate, but of the
knights, his mortal enemies. It is far more reasonable to suppose that
this act transferred the function of ratifying laws from the tribal to
the centuriate comitia, to restore the arrangement supposed to have been
introduced by Servius Tullius.[2528] If this reasoning is correct, the
act under consideration totally abolished the legislative initiative
of the tribunes.[2529] The other Cornelian-Pompeian law mentioned by
Appian must have applied, accordingly, not to the tribunate but to the
other magistracies.[2530] The current interpretation, which involves
the theory of a return to the original centuriate system, requires
further examination. Its chief basis is the statement of Appian that no
law should be brought before the πλῆθος which had not been previously
considered in the senate. It is commonly assumed that he uses δῆμος to
designate the whole citizen body, and πλῆθος the exclusively plebeian
assembly under tribunician presidency. A study of his usage, however,
proves that he makes no such discrimination. Δῆμος is ordinarily the
people in general, especially as distinguished from the βουλή,[2531]
parallel to Livy’s common distinction between plebs and senatus. It
is the technical term for the plebs in their tribal comitia under
tribunician presidency.[2532] Rarely it signifies the state[2533] with
reference to the interest of the people.
Public-domain text, read in full here on John Shaqi.
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