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
This constitution was intended to last for ever, and it is easy to
see what was the object which its authors had before them, and in
what manner it was secured. From that time, the distinctions between
the older and the younger clans (_gentes majores_ and _minores_),
altogether disappear. These lawgivers took the same view of the state,
as the government. For they reasoned thus:--that, as the state had
become unprosperous since the Publilian law, the question was merely
this, that the decemvirs should have the authority of the tribunes to
bring any matter to discussion. In this manner, the _Plebes_ would
obtain all that it could reasonably ask for: _Plebes_ and _Populus_
would stand each for itself by the side of the other, but should
together form a whole. The _Plebes_ would not then want any more
tribunes, as one might indeed appeal from the patrician to the plebeian
decemvirs. Moreover, it was fair that the patricians and the plebeians
should share the senate, yet that the plebeians should only come in
by degrees, until they had a certain number. The two orders were to
be carefully distinguished; but yet be invested with equal power. The
former law, that the _gentes_ should send their representatives into
the senate, and that when a gens became extinct, the cury, or perhaps
the consuls, had the election,--these last, however, having a power
far more limited than the censors afterwards, were to be replaced by a
new institution. A special authority was to be created, which had to
superintend and to decide on the changes from one step to another in
the scale of civic rank; which should receive the _ærarius_ into the
_Plebes_, and place the plebeian nobles on an equal footing with the
patrician ones. These are the chief points of the second decemviral
legislation: what were the results of these laws, and how little they
answered men’s expectations, is shown by the subsequent history.
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