Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
Romulus represents the clans, Ancus the commonalty. This _plebes_ now
increased, partly owing to the enlargement of the territory, and partly
also, without doubt, in consequence of the extinction of some of the
clans; in which case their former clients having no more liege lord,
now joined themselves to the commonalty; and many came in besides from
the free cities with which there were relations of isopolity. Such
organizations are, however, imperfect in their beginnings, and are only
developed in the course of time. Towns like those of the Tellenians,
Ficanians, Politorians, were surely quite isolated at first, and had no
regularly organized power. It is beyond a doubt, that in all the towns
of Italy a _Populus_ and a _Plebes_ existed; and this was also the
case in the Greek colonies of Lower Italy and Sicily, which in their
constitutions exhibit the closest analogy to the states of Italy. In
the former even the same names were certainly in use.
Before the age of Servius Tullius the country district was not yet
united with the state, to which it was linked perhaps by the king
alone: it does not even seem to have had _commercium_, that is to
say, no patrician could acquire property in it, and _vice versa_.
In many countries also, the rule was in force, down to the latest
times, that the landed property of the peasant could not pass to the
nobleman; a most judicious custom, which, however, was set aside owing
to the illusion that it was a vain limitation. Still less can any
intermarriage be presumed to have existed between the patricians and
plebeians. The children of such a marriage were not admitted to the
rank of their (patrician) father; but they rather followed the worse
blood, that is to say, theirs was under any circumstances the inferior
right. The _Lex Mensia_[73] has not devised this; but merely revived
the rule, and more clearly defined it in difficult cases. A lawgiver
now came forth, who on one hand gave to the commonalty a constitution
complete in itself, and, on the other invented forms by which it
was united to the whole body. The former part of this plan has been
entirely overlooked, and the latter appeared to Livy and Dionysius
quite a riddle; so much had circumstances changed since Fabius, who
had still a perfectly correct insight into these matters. In Rome a
great revolution in literature had been brought about by Cicero; and
Livy must have felt himself as much a stranger among the authors of the
earlier times as we do with regard to those who were before Lessing:
few only were still acquainted with books. And there was likewise a
great deal in the federal citizenship of the Latins abrogated by the
_Lex Julia_, on account of which the remembrance of the former state
of things has perished. Thus it is easy to understand, how it was that
the judicious Livy and the learned Dionysius were quite mistaken as to
these points, and nevertheless have preserved a great number of hints
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