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In this way the legislator of the oligarchy hoped to check tribunician demagogism and to keep all ambitious and aspiring men aloof from the tribunate, but to retain it as an instrument of the senate both for mediating between it and the burgesses, and, should circumstances require, for keeping in check the magistrates; and, as the authority of the king and afterwards of the republican magistrates over the burgesses scarcely anywhere comes to light so clearly as in the principle that they exclusively had the right of addressing the people, so the supremacy of the senate, now first legally established, is most distinctly apparent in this permission which the leader of the people had to ask from the senate for every transaction with his constituents.
Marius knew that he had the people and the tribunician college with him, and that even the most perverse ingenuity could never construe the measure as a factious opposition to the interests of the State.
Sulla, if he did not directly abolish the tribunician process of calling to account, yet made it dependent, just like the initiative of the tribunes in legislation, on the previous consent of the senate, and presumably also limited in like manner the aedilician penal procedure. On the other hand he enlarged the jurisdiction of the jury courts.
The tribunician right of intercession had extended also to the decrees of the senate as a collective body, after the latter had become not merely a deliberative but a decretory board, which probably occurred at first in the case of a -plebiscitum- that was meant to be binding for the whole community; it was natural that there should thenceforth be conceded to the tribunes a certain participation in the discussions of the senate-house.
Cinna seems to have been admitted into the conspiracy only by an afterthought and merely because the intrigue, which in consequence of the restriction of the tribunician powers needed a consul to bring forward its proposals, saw in him among the consular candidates for 667 its fittest instrument and so pushed him forward as consul.
The unparalleled tale was told; the eyes of all were opened to the gap which the absence of tribunician protection had made in the security of law; and what the fathers had done their sons repeated. Once more the armies abandoned their leaders: they marched in warlike order through the city, and proceeded once more to the Sacred Mount, where they again nominated their own tribunes.
The former had the ampler power, the latter the more unlimited, for the consul submitted to the prohibition and the judgment of the tribunes, but the tribune did not submit himself to the consul. Thus the tribunician power was a copy of the consular; but it was none the less a contrast to it. The power of the consuls was essentially positive, that of the tribunes essentially negative.
They proved in the senate by striking figures, that the former must make the public treasury bankrupt; Saturninus did not trouble himself about that. They brought tribunician intercession to bear against both laws; Saturninus ordered the voting to go on.
The consequence was that some of the patricians, being unable to accomplish anything in the other way, transferred themselves to the ranks of the populace: they thought its humble condition far preferable, considered in the light of their desire for the tribunician power, to the weakness of their own ornamental titles, especially so because many held the office a second and third and even greater number of times in succession, although there was a prohibition against any one's taking the position twice.
To lend to this new office at once a democratic and religious sanction, Caesar probably intended to associate with it once for all on the one hand the tribunician power, on the other the supreme pontificate.
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