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Updated: May 25, 2025
It is true that, like his brother, he legislated without seeking the customary sanction of the senate; but initial reforms could never have been carried through, had the legislator waited for this sanction; and the future freedom of the Comitia from senatorial control was at best guaranteed by the force of the example of the Gracchi, not by any new legal ordinances which they ordained.
He then gave out the day for the comitia, at which the consuls created were Lucius Posthumius in his absence, being then employed in the government of the province of Gaul, for the third time, and Tiberius Sempronius Gracchus, who was then master of the horse and curule aedile.
There was no appeal from their decisions, except in the Comitia Tributa, where the plebeian interest predominated—an assembly representing the thirty Roman tribes, according to the Servian constitution, but which, at first, had insignificant powers. The persons of the tribunes were inviolable, but their power was negative.
Caesar could accordingly de jure assign to himself even such prerogatives as lay outside of the proper functions of the magistracy and even outside of the province of state-powers at all; and it appears almost as a concession on his part, that he abstained from nominating the magistrates instead of the Comitia and limited himself to claiming a binding right of proposal for a proportion of the praetors and of the lower magistrates; and that he moreover had himself empowered by special decree of the people for the creation of patricians, which was not at all allowable according to use and wont.
One immediate result was that the Comitia continued to exercise criminal jurisdiction by way of bill of pains and penalties, long after the Quæstiones had been established. Though the legislature had consented to delegate its powers for the sake of convenience to bodies external to itself, it did not follow that it surrendered them.
It was by conquests abroad that the foremost leaders in the civil wars rose to the position which enabled them to get control in the government at home. The power of the Senate had been more and more exalted. Foreign affairs were mainly at its disposal. The increase in the number of voters in the comitia, and their motley character, made it more easy for the aristocracy to manage them.
The Comitia for the appointment of the consuls and the praetors were at this time held during the latter half of the year, but at no regular date, the time for their summons depending on the convenience of the presiding consul and on his freedom from other and more pressing engagements. Albinus may have arrived in Rome during the late autumn.
This distribution which consequently excluded the burgesses living out of the capital, and could not but attract to Rome the whole mass of the burgess- proletariate was designed to bring the burgess-proletariate of the capital, which hitherto had mainly depended on the aristocracy, into dependence on the leaders of the movement-party, and thus to supply the new master of the state at once with a body-guard and with a firm majority in the comitia.
In a year Tiberius Gracchus would be out of office. Other tribunes would be chosen more amenable to influence, and his work could then be undone. He evidently knew that those who would succeed him could not be relied on to carry on his policy. He had taken one revolutionary step already; he was driven on to another, and he offered himself illegally to the Comitia for re-election.
This took place after the completion of the thirty-five tribes, B.C. 241. The citizens of each tribe were divided into five property classes, and each tribe into ten centuries, making three hundred and fifty centuries. This comitia was far more democratic than the comitia of the centuries, and was guided by the tribunes.
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