of the plebeians, and the Icilian law for
instance was immediately carried in this way. Thus was the tribune of
the people appointed as a shield and protection for the individual,
and as leader and manager for all, provided with unlimited judicial
power in criminal proceedings, that in this way he might give emphasis
to his command, and lastly even pronounced to be in his person
inviolable (-sacrosanctus-), inasmuch as whoever laid hands upon
him or his servant was not merely regarded as incurring the vengeance
of the gods, but was also among men accounted as if, after legally
proven crime, deserving of death.
Relation of the Tribune to the Consul
The tribunes of the multitude (-tribuni plebis-) arose out
of the military tribunes and derived from them their name; but
constitutionally they had no further relation to them. On the
contrary, in respect of powers the tribunes of the plebs stood on a
level with the consuls. The appeal from the consul to the tribune,
and the tribune's right of intercession in opposition to the consul,
were, as has been already said, precisely of the same nature with the
appeal from consul to consul and the intercession of the one consul in
opposition to the other; and both cases were simply applications of
the general principle of law that, where two equal authorities differ,
the veto prevails over the command. Moreover the original number
(which indeed was soon augmented), and the annual duration of the
magistracy, which in the case of the tribunes changed its occupants
on the 10th of December, were common to the tribunes and the consuls.
They shared also the peculiar collegiate arrangement, which placed the
full powers of the office in the hands of each individual consul and
of each individual tribune, and, when collisions occurred within the
college, did not count the votes, but gave the Nay precedence over
the Yea; for which reason, when a tribune forbade, the veto of the
individual was sufficient notwithstanding the opposition of his
colleagues, while on the other hand, when he brought an accusation,
he could be thwarted by any one of those colleagues. Both consuls and
tribunes had full and co-ordinate criminal jurisdiction, although the
former exercised it indirectly, and the latter directly; as the two
quaestors were attached to the former, the two aediles were associated
with the latter.(7) The consuls were necessarily patricians, the
tribunes necessarily plebeians. The form
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