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
If Jupiter had approved the holding of an assembly, the magistrate
was not for that reason necessarily done with auspices. Though the
impetrativa may have favored, prohibitive oblativa were still possible,
for circumstances might cause the god to change his mind so as to forbid
what he had previously sanctioned; and the warning omen might come at
any time before the act was completed. Sometimes the magistrate himself
discovered, or for the accomplishment of his purpose pretended to
discover, the evil omen. When for instance Pompey was holding an assembly
for the election of praetors, and Cato, a political opponent, offered
himself as a candidate, Pompey, seeing the assembly unanimous for this
man, declared that he heard a clap of thunder, and thus by an adjournment
succeeded in preventing the election.[663] Sometimes the magistrate
was informed of the omen by (1) a private person, (2) an augur, or
(3) another magistrate. In the first two cases the report was termed
nuntiatio, in the third obnuntiatio.[664] Information received from a
private citizen the president could credit or not as he saw fit, or he
could declare it irrelevant;[665] but the law compelled him to accept the
nuntiatio of an augur or the obnuntiatio of another magistrate.
Prohibitive auspicia oblativa included evil omens of all kinds. When
in 310 the dictator called the curiae for passing the lex de imperio,
it chanced that the Curia Faucia was the first to vote (principium).
Now this curia was ill omened because on two earlier occasions it had
happened to be principium at a time of great national disaster. The
dictator accordingly adjourned the meeting till the following day, when
he again summoned it after renewing the auspicia impetrativa.[666] A
case of epilepsy, by vitiating the business of the assembly, required
an adjournment; and for that reason the malady was called the comitial
sickness.[667] In the later republic the chief oblativa had come to be
caelestia; and it could happen that the auspicia impetrativa of any
magistrate might as oblativa vitiate the comitia of another. For this
reason when a higher magistrate was about to hold an assembly, he forbade
the taking of auspices by all inferior to him, for fear they might annul
his proceedings.[668]
Public-domain text, read in full here on John Shaqi.
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