Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
At some period before the close of the monarchy the absurdity of the
existing constitutional arrangements began to be felt. In matters of
private law there was not a single important difference between a free
Plebeian and a Patrician; and large numbers of that portion of the
Plebs which had sprung from clientship were virtually in a condition of
independence. Although their tenure of the soil might be precarious,
their right of acting for themselves in the law courts questionable, it
must have been practically impossible to avoid the appearance of full
ownership where the lord had not asserted his right for generations,
or to prohibit the personal enforcement of claims where the original
patronage had been long forgotten or had lapsed through the extinction of
the patrician family on which the original client had been dependent. It
was, in fact, impossible to say where the class of free Plebeians ended
and that of protected Plebeians began. It was better, for the purposes
contemplated by the impending reform which bears the name of Servius
Tullius, that they should be regarded as on an equality, and that both
classes should make up a single order. The essence of this reform is,
in fact, the recognition of _equality of rights in landed property_.
Ownership of Roman land _ex jure quiritium_ was guaranteed to the whole
plebeian order—probably even to those dependants and emancipated slaves
whose clientship, and therefore whose precarious tenure of the soil, was
patent;[266] and with respect to the rights of _commercium_ the order was
put on a level with the Patriciate.
So far the object of the reform seems to be to confer privileges on
certain classes of the Plebeians. Its real meaning was wholly different.
The intention of the reformer—one which explains the readiness with
which the change seems to have been accepted by the Patricians[267]—was
to impose burdens on the whole plebeian community. A recognition of the
rights of property was a necessary preliminary to the imposition of
taxation and of the full quota of military service. The _patres_, who
welcomed this distribution of burdens, did not foresee that from these
obligations would flow a fresh series of rights which would impair their
monopoly of political power.
Public-domain text, read in full here on John Shaqi.
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