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
There were in this year (67), however, two popular tribunes, A. Gabinius
and C. Cornelius, both of whom proposed and carried laws in the interest
of the people. Early in the year Gabinius persuaded the tribes to adopt
a statute which ordered the senate to sit daily during February to
consider embassies.[2696] It was in this month that delegations from
other states generally came. Often to obtain a hearing they had to bribe
the senators and magistrates.[2697] For that month the Gabinian law
reversed the Pupian[2698] by making senatorial sessions compulsory and
forbidding the concurrence of comitia.[2699] The object was to limit the
stay of foreign embassies at Rome not only for their own convenience
but also for lessening both the need and the opportunity for bribery.
Closely related was the purpose of his statute which forbade lending
money to provincials at Rome.[2700] Representatives of subject and
allied states, finding it necessary to bribe more extensively than their
resources in hand allowed, were tempted to borrow of the capitalists at
exorbitant interest. Private individuals from the provinces must often
have similarly borrowed to the ruin of their fortunes. The double aim
of the statute, accordingly, was to help the provincials and to check
bribery. How it passed against senatorial opposition is unknown. A
supplementary measure on the same subject was proposed to the senate by
C. Cornelius, a colleague of Gabinius, for prohibiting the lending of
money to the legati of other states, the idea being identical with that
of the two Gabinian laws. The good intention of Cornelius is vouched for
by the well-known uprightness[2701] of his character, which contrasts
with the reputed vileness of Gabinius. But the senate rejected the
proposal on the ground that it had already made sufficient provision
for checking the abuse. Although Cornelius thereupon complained in a
contio that the provinces were being exhausted by usury, he does not
seem to have urged his measure further.[2702] He promulgated, however,
against the interests of the senate a rogation for ordering that no one
should receive a dispensation from a law excepting through a vote of the
comitia. This right had been acquired by the people in the period between
the Publilian and the Hortensian legislation (339-287).[2703] It had
come to be regarded as inseparable from the sovereignty of the people
to such an extent that all senatus consulta for dispensing from the
laws contained a provision for bringing the matter before the comitia.
Gradually the custom of referring to the people ceased, and at last
the provision to that effect was dropped from senatorial decrees. The
result was that often a few senators, meeting in the Curia, voted away to
acquaintances and relatives the valuable privilege of exemption from a
law. The optimates induced a tribune of the plebs, P. Servilius Globulus,
to intercede against the bill while it was being read to the assembly
prior to the vote.
Public-domain text, read in full here on John Shaqi.
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