he small initial movements made by
the Servian constitution--such as, in particular, the handing over to
the army the right of assenting to the declaration of an aggressive
war(11)--attained such a development that the curies were completely
and for ever cast into the shade by the assembly of the centuries, and
people became accustomed to regard the latter as the sovereign people.
In this assembly debate took place merely when the presiding
magistrate chose himself to speak or bade others do so; of course
in cases of appeal both parties had to be heard. A simple majority
of the centuries was decisive.
As in the curiate assembly those who were entitled to vote at all were
on a footing of entire equality, and therefore after the admission
of all the plebeians into the curies the result would have been a
complete democracy, it may be easily conceived that the decision of
political questions continued to be withheld from the curies; the
centuriate assembly placed the preponderating influence, not in the
hands of the nobles certainly, but in those of the possessors of
property, and the important privilege of priority in voting, which
often practically decided the election, placed it in the hands of
the -equites- or, in other words, of the rich.
Senate
The senate was not affected by the reform of the constitution in the
same way as the community. The previously existing college of elders
not only continued exclusively patrician, but retained also its
essential prerogatives--the right of appointing the interrex, and of
confirming or rejecting the resolutions adopted by the community as
constitutional or unconstitutional. In fact these prerogatives were
enhanced by the reform of the constitution, because the appointment
of the magistrates also, which fell to be made by election of the
community, was thenceforth subject to the confirmation or rejection
of the patrician senate. In cases of appeal alone its confirmation,
so far as we know, was never deemed requisite, because in these the
matter at stake was the pardon of the guilty and, when this was
granted by the sovereign assembly of the people, any cancelling
of such an act was wholly out of the question.
But, although by the abolition of the monarchy the constitutional
rights of the patrician senate were increased rather than diminished,
there yet took place--and that, according to tradition, immediately on
the abolition of the monarchy--so far as regards other a
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