University of Virginia Library

45.21

M. Juventius Thalna, who was the praetor in charge of the alien jurisdiction, was inciting the populace against the Rhodians and had proposed a resolution that war should be declared against Rhodes, and that one of the magistrates for the year should be chosen to command the fleet, hoping that he himself would be appointed. Two of the tribunes of the plebs, M. Antonius and M. Pomponius, opposed this proceeding. The praetor himself had acted in defiance of precedent, for he was making the proposal on his own initiative without consulting the senate or informing the consuls of the question he was going to put, viz. whether it was the will and order of the people of Rome that war should be declared against Rhodes. Hitherto the senate had always been consulted on the question of war, and then, if the senate gave their sanction, the question was submitted to the popular Assembly. The tribunes of the plebs, too, were in the wrong, because the traditional usage was that no one should veto a measure until the citizens had had the opportunity of speaking for or against it. Hence it had very frequently happened that those who had asserted that they would not interpose their veto did interpose after the opponents of the measure had made them aware of its defects, whilst on the other hand those who had come prepared to veto a measure were convinced by the arguments of its supporters and withdrew their veto. On this occasion the praetors and the tribunes vied with each other as to who could act most precipitately; the tribunes forestalled the praetor by interposing their veto before the right time . . .