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Updated: July 19, 2025
Pompeius thereupon, even before entering on office, gave his public and formal adherence to the democratic programme in an assembly of the people held by the tribune Marcus Lollius Palicanus. The change of the constitution was thus in principle decided. Re-establishing of the Tribunician Power They now went to work in all earnest to set aside the Sullan institutions.
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.
Called to power not by the empty accident of birth, but substantially by the free choice of the nation; confirmed every fifth year by the stern moral judgment of the worthiest men; holding office for life, and so not dependent on the expiration of its commission or on the varying opinion of the people; having its ranks close and united ever after the equalization of the orders; embracing in it all the political intelligence and practical statesmanship that the people possessed; absolute in dealing with all financial questions and in the guidance of foreign policy; having complete power over the executive by virtue of its brief duration and of the tribunician intercession which was at the service of the senate after the termination of the quarrels between the orders the Roman senate was the noblest organ of the nation, and in consistency and political sagacity, in unanimity and patriotism, in grasp of power and unwavering courage, the foremost political corporation of all times still even now an "assembly of kings," which knew well how to combine despotic energy with republican self-devotion.
It is not so easy to say whether it should have been done, but I think that it might have been practicable for the senators, on the condition of lowering the price of provisions, to have rid themselves of both the tribunician power, and all the regulations imposed on them against their will.
The patricians being once more perplexed, Appius Claudius declared that the tribunician power had been put down the year before, for the moment by the fact, for the future by the precedent established, since it was found that it could be rendered ineffective by its own strength; for that there never would be wanting a tribune who would both be willing to obtain a victory for himself over his colleague, and the good-will of the better party to on advancement of the public weal: that more tribunes than one, if there were need of more than one, would be ready to assist the consuls: and that in fact one would be sufficient even against all.
The re-establishment of the full tribunician power, with the continuance of which the freedom, might, and prosperity of the republic seemed bound up as by a charm of primeval sacredness, the reintroduction of the "stern" equestrian tribunals, the renewal of the censorship, which Sulla had set aside, for the purifying of the supreme governing board from its corrupt and pernicious elements, were daily demanded with a loud voice by the orators of the popular party.
The senators, instructed by the counsels of Appius, both collectively addressed the tribunes with kindness and courtesy, and the men of consular rank, according as each possessed private personal influence over them individually, and, partly by conciliation, partly by authority, prevailed so far as to make them consent that the powers of the tribunician office should be beneficial to the state; and by the aid of four tribunes against one obstructor of the public good, the consuls carried out the levy.
Cicero had not been long at Rome, when, taking the opportunity of Clodius's absence, he went, with a great company, to the capitol, and there tore and defaced the tribunician tables, in which were recorded the acts done in the time of Clodius.
And when they had sufficiently secured the commons by the right of appeal on the one hand by tribunician aid on the other, they revived for the tribunes themselves the privilege that their persons should be considered inviolable the recollection of which was now almost forgotten by renewing after a long interval certain ceremonies which had fallen into disuse; and they rendered them inviolable by religion, as well as by a law, enacting that whosoever should offer injury to tribunes of the people, ædiles, or judicial decemvirs, his person should be devoted to Jupiter, and his property be sold at the Temple of Ceres, Liber, and Libera.
Further, the decemvirs, who had at first exhibited themselves to the people surrounded by men of tribunician rank, because that was deemed popular, now guarded themselves by bands of young patricians: crowds of these beset the tribunals. They harried the commons, and plundered their effects: when fortune was on the side of the more powerful individual in regard to whatever was coveted.
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