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
Shortly after entering upon the office of consul in 70, or at all events
before the elections of the year,[2673] Pompey promulgated his rogation
for the restoration of the tribunician power. The senate yielded in
spite of its dislike for the measure,[2674] and Licinius Crassus, his
colleague,[2675] added his name to the proposal.[2676] The people gladly
accepted it. Those articles of the Cornelian statute which remained
untouched by the Aurelian law of 75 were thereby repealed, and every
restriction on the tribunes removed.[2677] By destroying the chief
support of the Cornelian constitution this measure paved the way to
its overthrow. Notwithstanding the popular clamor for a reform of the
courts,[2678] Pompey hesitated to propose a law for that purpose, as he
hoped rather to purify the senatorial order through a severe censorial
revision so as to make a judiciary law unnecessary. The reform, however,
was taken in hand by L. Aurelius Cotta, praetor in the same year,
youngest brother of the consul of 75.[2679] The rogation was promulgated
while the trial of Verres was in progress and while the people were
excited by lack of confidence in the senatorial jurors.[2680] The
first project seems to have been the retransfer of the courts to the
equites;[2681] but when the senators saw that they were destined to lose
in the contest, they were able to save something by compromise. It was
agreed that there should be three decuries of jurors, composed in equal
numbers of senators, knights, and tribuni aerarii respectively.[2682]
The last-named decury was included because the Plautian judiciary law
of 89 had opened the courts to common citizens in addition to senators
and knights,[2683] and it was now thought that no less liberality
should be shown. The Aurelian statute provided accordingly that the
urban praetor[2684] should make up the annual album iudicum of an equal
number of men from each of the three classes.[2685] The good feature of
the law is obvious. As experience had proved the equestrian courts, as
well as the senatorial, to be partisan and corrupt, it was hoped that a
combination of the two with an equal proportion of the most responsible
and respectable common citizens would be just and impartial. If these
expectations were not realized, it was the fault of the Romans, not of
their law.
II. _Democracy in Alliance with Caesarism_
70-49
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