로마 공화정 후기 트리부스 선거민회의 투표 결과 공표에서 추첨의 역할

Abstract

The aim of this paper is to interpret afresh chapters 56 and 57 in the Lex Malacitana, and to investigate the role of the lot in the announcement of the results of voting in Roman tribal elective assemblies in the Late Republic. The two bronze tablets which contain the surviving portions of the charters of the Spanish towns Malaca and Salpensa were discovered near Malaga in 1851. The Lex Malacitana is of great importance to the constitutional historian in that it contains virtually in their entirety the provisions laid down for the conduct of the local elections and in that they are generally based on voting procedure in Roman assemblies. According to Mommsen there was a preliminary announcement of the vote of individual curiae. In other words he supposed that the results of the voting in each curia were announced as they were reached, before the final announcement in an order determined by the lot. He confined the role of the lot to the announcement of the results of voting in the assembly as a whole. De Sanctis argued that the actual result of an election could well be affected by an order－that is an order determined by the lot－ in which the results from the individual curiae were announced. Therefore, the preliminary announcement of the vote of individual curiae would not only have been unnecessary but could well have been both misleading and embarrassing. He maintained that there was a single announcement in the Malagan assembly. He also confined the role of the lot to the announcement of the results of voting in the assembly as a whole. 로마 공화정 후기 트리부스 선거민회의 투표 결과 공표에서 추첨의 역할 - 49 - - 231 - From a reinterpretation of chapters 56, 57 of the Lex Malacitana we have attempted to draw some conclusions as follows. First, chapter 56 would be the principal of the renuntiatio that the presiding magistrate should observe in order to announce the results of individual voting units in an order decided by lot. Chapter 56 should have been applied not only in the Malagan elective assembly, but also at least in elective tribal assemblies --after the introduction of simultaneous voting-- in the late Roman Republic. Second, we assume that in Malagan elective assembly and Roman elective tribal assemblies each voter had to vote for one man. Third, if a candidate got an absolute majority of tribes in the announcement in an order decided by lot in Roman elective tribal assemblies, he should secure the votes of remaining tribes by Jupiter Optimus Maximus. Then the assemblies was dismissed without the announcement of remaining tribes. Fourth, We may assume that the lot would play an important role not only to the announcement of the results of voting in the assemblies as a whole, but also to the announcement of the results of voting in the individual tribes.