The Evolution of StatesRobertson, J. M. (John Mackinnon)
History
The Evolution of States
Robertson, J. M. (John Mackinnon)
Europe -- Politics and government; Great Britain -- Politics and government; Political science -- History
On this head there has been some gratuitous confusion. Schwegler
(i, 621 _sq._) gives convincing reasons for the view that in early
times the plebs were not members of the _curiæ_. Cp. Ihne, as
cited, pp. 110, 127; and Fustel de Coulanges, p. 278 _sq._ Meyer
(ii, 513, 521) asserts, on the contrary, without any specification
of periods, that the _curiæ_ included plebeians as well as
patricians. The contradiction seems to arise out of inattention to
chronology, or a misreading of Mommsen. That historian rightly sets
forth in his history (B. ii, ch. i; Eng. trans. ed. 1862, i,
264-65) that the plebs were not admitted into the _comitia curiata_
before the "Servian" period; adding that these bodies were "at the
same time" almost totally deprived of their prerogatives. In his
_Römisches Forschungen_, 1864, i, 144 _sq._, he shows that they
were admitted in the "_historic_ period"--when the _comitia_ in
question had ceased to have any legal power, and when, as he
elsewhere states, the admission "practically gave little more than
the capacity for adrogation" (_Römisches Staatsrecht_, Bd. iii,
Abth. i, p. 93). Here again he states that "to equal rights in the
curies, especially to the right of vote in the comitia, the
plebeians attained only in the later times" (_Id._ p. 72). Yet
Professor Pelham, in asserting (p. 21; cp. p. 46) that "the
_primitive_ Roman people of the thirty _curiæ_ included all the
freemen of the community, _simple as well as gentle_," gives the
note: "The view here taken on the vexed question of the purely
patrician character of the _curiæ_ is that of Mommsen (_Röm.
Forschungen_, vol. i)."
When this error is corrected, the question ceases to be vexed.
Schwegler has disposed of the blunder of Dionysius, who ascribes to
the plebeians a share in the _curiæ_ from the beginning; and it is
not disputed that they were allowed to enter when the _comitia
curiata_ had been practically superseded by the _comitia
centuriata_. It is to be noted that the denial of the inclusion of
the plebeians in the original _curiæ_ does not apply to the
_clientes_, whose status, though non-patrician, had been different
from that of the true plebs. M. Delaunay, who argues that the
plebeians were all along admitted to the _curiæ_, adds the
qualification: "Doubtless not the entire mass of the plebeians, but
only those who were ... attached to the gentes" (Robiou et
Delaunay, _Les Institutions de l'ancienne Rome_, 1884, i, 21). But
who were these _gentilitia_ if not the _clientes_? (cp. _loc. cit._
p. 26).
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