A History of the Roman World

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Book: Read A History of the Roman World for Free Online
Authors: H. H. Scullard
from domestic affairs and increased the control of the Senate. But in theory the Comitia were sovereign.
    In conformity with their custom and conservatism the Romans allowed the various Comitia to exist side by side; none was abolished, although their functions were more clearly differentiated as time passed. The Comitia Curiata continued to assent to private acts like adoption and bequests, but its chief function remained its right formally to confer imperium on consuls and praetors. This, however, became such a formality that thirty lictors and three augurs could form a quorum of the curiae . The three other assemblies, Centuriata, Tributa, and Concilium Plebis, all had the right to legislate by the year 287; before this date the Concilium Plebis only claimed the right without possessing it by law. The Comitia Tributa gradually superseded the Comitia Centuriata in many spheres; although it is not always easy to determine through which body a given bill was passed, the tribal assemblies, especially the Concilium Plebis, were becoming the main legislative organs, partly because the thirty-five tribes were easier to handle than 193 centuries, and partly because when the presiding officers, who were the regular magistrates, included an increasing number of plebeians, these would tend to lay their proposals before the newer assembly. So the influence of wealth and age, which prevailed in the Comitia Centuriata, gave place to the predominance of the smaller country landowners who formed the backbone of the tribes, in which every man, rich and poor alike, had an equal vote. Indeed, it may have been the growing importance of the middle classes to the state that led to the shift from the centuries to the tribes; and later the Comitia Centuriata itself was reformed to bring it more into line with the Tributa and to give greater weight to the small landowner (p. 168). But while most legislation was carried through the tribal assemblies, the Centuriata still legislated regarding the declaration of war, the signing of peace, and conferring plenary power on the censor. The electoral functions of the assemblies remained divided: the Centuriata elected consuls, praetors and censors, the Tributa curule aediles and quaestors, the Concilium Plebis tribunes and plebeian aediles. Jurisdiction likewise was divided. The Comitia Centuriata remained the court of appeal in capital cases, while the Tributa heard cases on appeal when the punishment was only a fine; it is possible that trials still took place before the separate Concilium Plebis.
    In all branches of government the Roman people was supreme, but in all the Senate overshadowed them: ‘senatus populusque Romanus’ was not an idle phrase. The people, or more precisely all adult male citizens, comprised the electorate, but in practice their choice of candidates was limited to those who could fulfil the duties of office. In legislation they had ultimate authority, but the resolutions of the Senate had in effect the same validity as their laws;and in time the Senate and praetors took over much of the detailed legislation from the assemblies. Further, the senators often invited tribunes to discuss a measure with them, before presenting it to the tribes. Judicial affairs also gradually passed into the hands of the praetors and Senate, though the assemblies did not allow interference in certain cases, as has been seen. The executive was elected directly by the people, but it was to the Senate rather that the magistrates showed deference. Finally, the administration was in practice transferred by the people to the Senate which acted as a Cabinet in place of the unwieldy assemblies; and the people only elected the Senate in an indirect manner. Thus at the very time when the Lex Hortensia proclaimed the sovereign right of the Roman people and Rome was approaching a democracy, the pendulum swung back in favour of a more oligarchical form of government. This was partly due to the draining off to the

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