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
When the dissenting tribune forbade the crier to
proceed with the reading, Cornelius himself read it.[2704] A disturbance
in the assembly, started by the interference of Piso the consul, caused
Cornelius to dismiss the concilium. Afterward he so compromised with the
optimates as to secure the passage of a law that no dispensations should
be granted by the senate unless two hundred members were present, and
that when a resolution of the kind was brought down from the senate to
the people, no one should intercede against the act.[2705] The victory
was with the senate; it gained a legal right to a function which it had
usurped, provision being merely made against abuse. But it exercised
this function by the sufferance of the tribunes, any one of whom could
insist on bringing the dispensing resolution before the people, in which
case his colleagues were forbidden to intercede.[2706]
Another proposal of this tribune was the rogatio de ambitu, which
threatened with severe penalties not only the candidates but also their
agents, the divisores, whose duty was to distribute the corruption fund
among the tribes.[2707] The senate, declaring the penalties so harsh
that neither accuser nor jurors could be found to enforce it, put the
bill in the hands of the two consuls, C. Calpurnius Piso and M’. Acilius
Glabrio.[2708] Here was a comical situation; both consuls were liable to
the existing law on the subject; but for the sake of appearances they
had to revise the bill and present it to the comitia in the Forum.[2709]
The lex Acilia Calpurnia, enacted in this way,[2710] inflicted on those
found guilty of the crime a heavy fine, and forever disqualified them
from holding office or sitting in the senate.[2711] Cornelius proposed
other measures, all of which were vetoed by colleagues excepting his
lex concerning the edict of the praetor, described as follows by Dio
Cassius:[2712] “All the praetors themselves compiled and published the
principles according to which they intended to try cases; for all the
decrees regarding contracts had not yet been laid down. Now since they
were not in the habit of doing this once for all and did not observe
the rules as written, but often made changes in them and incidentally
a number of clauses naturally appeared in some one’s favor or to some
one’s hurt, he moved that they should at the very start announce the
principles they would use and not swerve from them at all.” The object
was to make the administration of the law more just and regular, and to
cut off an opportunity for favoritism.[2713]
Public-domain text, read in full here on John Shaqi.
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