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
historians of the Roman constitution assert that owing to these facts
they were called patres and their descendants patricians.” According to
Plutarch,[92] “Romulus, after forming the army, employed the rest of the
people as the citizen body (δῆμος); the multitude he called populus, and
appointed a hundred nobles to be councillors, whom he called patricians,
and their assembly the senate.”[93]
There can be no doubt, therefore, as to the opinion of the ancient
writers. They believed that from the beginning social distinctions
existed naturally within the populus Romanus, and that these distinctions
were made the basis of an official division of the people into nobles and
commons, patricii and plebs, by the government. This view is not only
reasonable in itself, but is supported, as we shall see, by analogies
drawn from many other states.
All the sources make the patriciate depend upon connection with the
senate, Dionysius alone showing some inconsistency on this point.[94]
Why the senators were called patres the ancients give various reasons.
Cicero[95] thinks patres a term of endearment; Sallust[96] believes that
the name was applied either because of age or because of the similarity
of their duty; Livy[97] sets it down as a title of honor; Festus[98]
thinks chiefly of their age and wisdom; Paulus,[99] his epitomator,
suggests that they were so called because they divided their lands
among the poorer class as fathers among children; Dionysius[100] gives
three possible reasons, (1) greater age, (2) possession of children,
(3) family reputation. The sources generally agree in representing the
patres as men who in age, honor, authority and duty stood toward the
rest of the citizens as a father toward his children, and in identifying
these social-political patres with the senators.[101] An examination
of the word itself will tend to confirm the ancient view. It seems to
have originally signified “protector,” “keeper,” “nourisher,”[102] hence
“owner,” “master.” Pater familias is nourisher, protector, and master
of a household.[103] In late Roman law the term continued to refer not
necessarily to actual parentage but rather to the legal position of the
head of a household;[104] in fact it is only in a distantly derived sense
that pater comes to signify the male parent. Ideas early attaching to the
word, accordingly, are those of power or authority and age. The senate,
as this word indicates, was originally made up of elderly men, senatores,
maiores natu.[105] It would be natural to call them patres because of
their authority over the community or of their age. As a designation of
rank, pater, excepting in jest, is always plural—an indication that the
authority and dignity did not attach to the individual noble but to the
senators collectively; they were collectively patres of the community,
not individually patres of children, clients or gentes.[106] But when in
time a limited number of families monopolized the senate, the term could
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