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rogatio : ウィキペディア英語版
rogatio

:''See Rogation days for usage pertaining to the Christian calendar of the Western Church.''
In Roman constitutional law, ''rogatio'' is the term (from Latin ''rogo'', "ask, place a question before") for a legislative bill placed before an Assembly of the People in ancient Rome. The ''rogatio'' procedure underscores the fact that the Roman senate could issue decrees, but was not a legislative or parliamentarian body. Only the People could pass legislation.〔Fergus Millar, ''The Crowd in Rome in the Late Republic'' (University of Michigan Press, 1998), pp. 157–158 (online. )〕
A magistrate with the right to summon the assembly could propose a bill (''rogatio legis''); the proposed laws themselves were ''leges rogatae''. A bill's proposer was its ''lator''; a supporter was an ''auctor''.〔Millar, ''The Crowd in Rome'' p. 26.〕 Discussions in the senate would contribute to the drafting of a bill, which would be published (''promulgare rogationem'', that is, ''promulgatio'') three weeks or more before it was formally submitted to the assembly. During this period, citizens could discuss the bill and propose changes, or more rarely ask for its withdrawal, at informal sessions (''contiones''). After the bill had been brought before the assembly for the vote, it could no longer be modified.〔George Mousourakis, ''The Historical and Institutional Context of Roman Law'' (Ashgate, 2003), p. 182 (online. )〕
The legislator who introduced the bill asked ''Velitis iubeatis, Quirites?'' ("Citizens, are you going to approve and order?"〔Or, "Citizens, is it your will that you should order it?"〕) and the people responded yea or nay without discussion. If a bill was withdrawn after the ''rogatio'' but before the vote was taken, it was usually because a tribune threatened to use his veto power against it, or less frequently because it proved unpopular among the ''plebs''.〔Andrew Lintott, ''Judicial reform and land reform in the Roman Republic'' (Cambridge University Press, 1992), pp. 6–7 (online. ) Lintott believes Cicero exaggerates the extent to which the ''plebs'' could influence withdrawal.〕 If a bill was passed (''rogatio lata est''), it became a law (''lex'') after the presiding magistrate made a formal announcement (''renuntiatio'') of the assembly's decision.
In the Early Republic, the senate had to approve the constitutionality of a law before it was enacted; after the passage of the ''Lex Publilia Philonis'' in 339 BC, which required that at least one of the two ''censores'' be a plebeian, this approval (''patrum auctoritas'') was required before the bill was put to a vote in the assembly. With controversial popularist measures, however, the senate was sometimes bypassed.
If a bill was proposed for the purpose of declaring war, it had to be brought before the Centuriate Assembly.〔Fergus Millar, ''Rome, the Greek World, and the East'' (University of North Carolina Press, 2002), p. 116.〕
A bill that became law was inscribed on copper or marble tablets and kept in the state treasury (''aerarium populi romani'') under the supervision of the quaestors.〔Mousourakis, p. 183.〕
In 63 BC, Cicero managed to obstruct a ''rogatio Servilia'' by making a speech before the people; this appears to be the only time in the Late Republic when oratory blocked a popular piece of legislation, which in this case had provided for the distribution of land to the poor. Or so Cicero claims; the bill's sponsor, the tribune Servilius Rullus, more likely withdrew it because of the threat of veto from one of his fellow tribunes, and it never reached the ''comitia''.〔Henrik Mouritsen, ''Plebs and Politics in the Late Roman Republic'' (Cambridge University Press, 2001), pp. 54–55 (online. ) Further discussion of the ''rogatio Servilia'' by Erich S. Gruen, "The ''Plebs'' and the Army," in ''The Last Generation of the Roman Republic'' (University of California Press, 1974, reprinted 1995), pp. 386–398, limited preview (online. )〕
==References==



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