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
These prerogatives of the tribunes are still very insignificant and
humble, being either merely negative, or else administrative in a
narrow sphere, and least of all legislative. I do not believe that
they had the right of moving any change of the civil law in favour of
their own order. Strange to say, the election of the tribunes was now
committed to the centuries, although it ought far more naturally to
have remained with the tribes. From this also we see, how small the
advantages were which the _Plebes_ obtained by the first secession;
for the patricians had great influence in the centuries by means of
their clients: about ten years afterwards, they had formed, owing to
this mode of election, a party among the tribunes. The statement that
they were elected by the curies is a palpable falsehood; yet there
is thus much of truth in it, that they were to be confirmed by the
curies in order that no obnoxious people might be chosen; just as the
curule magistrates were by the centuries. It is the same as when the
English government claimed a veto in the election of the Irish [Roman
Catholic] bishops. This relation, according to Livy, ceases already
before the passing of the Publilian law. Piso thinks that before the
Publilian law, by which the election was transferred to the tribes,
there had been only two tribunes. I believe that the number five is
of later date; yet I do not deem it likely that it should have first
come in with the Publilian law: for as this number corresponds to the
five classes, how should it have come into use, when it was no more the
classes, but the tribes which had had to elect? It seems to me highly
probable, that under the pretext of a fair compromise, the patricians
still managed also to gain an advantage for themselves. I explain from
this the perplexing circumstance that ten years later we find the
curies in possession of the consular election instead of the centuries.
The plebeians by concession only get the election to one office for
the centuries; the other remains with the curies until the restoration
of the consulship after the time of the decemvirs. Perhaps a grant of
land was made besides, and very likely the promise was given to restore
the old system of the _ager publicus_. The result of the secession was
therefore by no means such a decided victory of the plebeians over
the patricians, as is stated by our historians. A firm groundwork was
indeed gained, which they afterwards knew how to make use of; yet the
fruits were only to be reaped by dint of hard exertions.
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