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
compulsion, blows, an attempt at murder were all obvious cases; but
forcible resistance to a tribune’s will[378] came under this head, and,
after the law which guaranteed the right of meeting to the Plebs, any
act, whether of magistrates or individuals, which interrupted a meeting
of the Plebs summoned by a tribune.[379]
In fact, during the earliest years of the struggles of the Plebs, the
rights of the corporation are represented only by the powers of the
tribune, through whom alone it claimed official recognition; and thus
from 494 to the epoch of the decemviral legislation (451) the tribunate
is engaged in efforts to gain a better representation of the plebeian
community, and to secure an equality in the administration of the
law, which should render the clumsy negative system of the constant
interposition of their _auxilium_ less necessary.
The first attempt seems to have been to some extent secured by the
_plebiscitum_ passed by Publilius Volero in 471, which enacted that the
_concilium_ of the Plebs, instead of meeting as before by _curiae_,
should now meet by tribes (_tributim_).[380] As this was a purely
self-regarding ordinance, it probably did not require the consent of
Senate and people,[381] and we are told that it was looked on with
disfavour by the Patricians. The grounds of their objections are not
easily fathomed, nor is the gain to the Plebs brought about by the
change particularly clear.[382] The number of the tribes at this time is
unknown, but it was probably twenty-one. This growth had been brought
about by an abandonment of the Servian principle. After the Roman
territory, lost in great part during the earliest years of the Republic,
had been regained, a wholly new subdivision of the _ager Romanus_ had
been adopted. The four Servian tribes were confined to the ring-wall
of the city, and the land without the walls was now separated into
_tribus_, which were called the country (_rusticae_) as opposed to the
city tribes (_tribus urbanae_). Sixteen of these country tribes bear the
names of patrician _gentes_;[383] they must have been named from the
clan settlements and were obviously the first created. It is affirmed by
Dionysius[384] that, at the time of the trial of Coriolanus (491 B.C.),
the number of the tribes was twenty-one; but it has been conjectured with
some plausibility that the twenty-first was added in this very year 471,
when the tribe was first used for voting purposes, in order to create
an inequality of votes, and that it bears its _local_ name (Clustumina
or Crustumina) in memory of the secession of the Plebs to the Sacred
Mount.[385] The Plebs may have petitioned the consuls to add one more to
the divisions of the state; for it was they alone who could effect the
change, the creation of a tribe being an administrative act which none
but the magistrates of the community could carry out.
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