The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
confirmed his declaration by vote.[954]
But whether the Romans were right in supposing patricians to have been
created in the early republic has been doubted. Mommsen[955] takes the
ground that when the curiae ceased to be exclusively patrician, elevation
to the rank became impossible, and that therefore no cases of the kind
occurred after the fall of the kings. But in such a matter it is absurd
to speak of impossibilities; everything was possible which the governing
power approved, and the argument falls when its basis, the purely
patrician state, has been removed.[956] The cessation was in fact due to
the growing exclusiveness of the patricians, who as they came to supplant
the king in the government, learned to value their privileged position so
highly they were unwilling longer to share it with others. Just when the
closing of their rank was effected has not been ascertained, but there
is no good reason for rejecting the Roman view that for a time after the
fall of the kings plebeians continued to be admitted: in reality the
indications are strong for a relatively late closing.[957]
We may next inquire how patricians were created in the time of the
kings. As the history of the regal period is in general a reconstruction
with material drawn from later time, so in this particular case ancient
writers sometimes date back to the age of the kings the usage of the
republic. Dionysius[958] accordingly states that “the Romans by vote
transferred Servius Tullius from the plebeian to the patrician order,
just as they had previously transferred Tarquin the Elder and still
earlier Numa Pompilius.” But the Romans preferred to reconstruct the
process on an entirely different principle. Regarding the kings as the
founders of all the fundamental institutions, the patricians looked upon
their superior rank as a gift of these monarchs. The patriciate depended
upon senatorial membership, which was at the disposal of the kings.[959]
This view is well adapted to explain the creation of the senate; but
for the period after its establishment Livy[960] adds to the adlectio
of the king a coöptatio by the patres (senators). Livy’s account of the
usage here given is reasonable; the king indicated his preference as
to the choice of advisers, but a powerful council, such as the senate
must have been, at least in the later regal period, would have the final
decision on the question of admitting a new member. The conclusion is
that toward the end of the monarchy, if not from the beginning, plebeians
were admitted to the senate, and through it to the patriciate, by the
coöperation of the king and the senate, the people having nothing to do
with the matter.[961] But after the overthrow of the monarchy the vote of
the people was substituted for the will of the king, coöptation by the
senate continuing as before.[962]
Public-domain text, read in full here on John Shaqi.
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