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
he said, to go to the Campus before daybreak; he promised to be in the
comitium at the first hour of the day. As Milo was coming into the Forum
before sunrise on the next comitial day, he discovered Metellus stealing
hurriedly to the Campus by an unusual route. The tribune came upon him
and served the notice.[694]
The consul’s announcement of intention to watch the sky might be
strengthened by a proclamation declaring certain or all comitial days for
the remainder of the year to be holidays, on which the people could not
legally transact business in assembly.[695]
Although the obnuntiatio doubtless originated in the early republic,
it played no considerable part in political strife till after the
Gracchi. A great impetus to the abuse of the power was given by the
Aelian and Fufian laws, which were probably two plebiscites[696] passed
about 150.[697] What features of these statutes were new has not been
precisely determined. It is certain, however, that they made possible
the condition in which we find the spectio and obnuntiatio before the
legislation of Clodius on the subject in 58. As the tribune did not
originally have the obnuntiatio, we may infer that in all probability
these laws granted him the right to exercise it against patrician
magistrates in the way described above. Similarly from the fact that
the plebeian tribal assembly was not originally subject to religious
obstruction on the part of the government, it is reasonable to conclude
that the Aelian and Fufian statutes gave the patrician magistrates the
obnuntiatio against that body.[698] It was equivalent to a power of veto,
which the aristocracy could now exercise upon tribunician legislation,
hence Cicero[699] regards the two statutes as most holy[700] means of
“weakening and repressing the fury of the tribunes,” and as the “surest
protection of the commonwealth.”[701] Notwithstanding the opinion of
Lange,[702] that the obnuntiatio was restricted to legislation, it
seems clear from the words of Cicero,[703] as well as from the lack of
reference in the sources to such a limitation, that it applied equally
to elections. So long, however, as the nobility could depend for support
upon the tribunes, it had little need of such a power. But in the last
years of the republic, after the tribunician veto had been undermined by
Ti. Gracchus and Appuleius Saturninus, and the tribunes were again acting
independently of the senate as in the early history of their office,
optimates and populares, taking full advantage of the Aelian and Fufian
laws, alike exploited the auspices recklessly for partisan objects. Their
behavior was a sign of both religious and political disintegration.
Vatinius, tribune of the plebs in 59, had the boldness utterly to
disregard these statutes;[704] and in 58 the tribune Clodius repealed
them in so far as they affected legislation,[705] whereas for elections
the obnuntiatio still remained in force.[706] The misuse of auspices for
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