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
arrangement for granted.[1269] The contention is often made that Livy
must have given an account of the reform in his second decade (292-219)
now lost; and there is a universal agreement that the reform was brought
about not by statute, but by arbitrary censorial disposition.[1270] The
censor commonly assumed to be the author of the change is either Fabius
Buteo, 241, or Flaminius, 220.[1271] Against the latter may be urged
the silence of Polybius[1272] and Livy,[1273] who in speaking at length
of his opposition to the nobles makes no reference to this reform. In
favor of Fabius it may be said that in 241 the full number of tribes
was completed; and the name of the thirty-fifth, Quirina, corresponding
to Romilia, the first rural tribe, suggests that the Romans intended to
create no more. In naming the last tribe the censors seem to have had in
mind the completion of the new system, to each component part of which
they apparently guaranteed a definite share of political power, which
would have been impaired by the further creation of tribes.[1274]
A little reflection, however, will convince us of the impossibility of
assigning the reform to any one censor or to a definite date. Livy could
not have made much of it in the lost part of his history without leaving
some trace in the epitome, which mentions far more trivial matters.[1275]
The only explanation of the epitomator’s silence is that the reform
was so gradual as to escape marked attention. This view is supported
by a strict interpretation of Livy,[1276] who supposes the change to
have come about naturally with the increase in the number of tribes,
and of Dionysius,[1277] who ascribes the innovation, or a part of it,
to no individual but to “certain powerful forces.” A conclusion as to
the date of the reform, to be acceptable, must satisfy the conditions
above mentioned. In earlier time, when there was a single classis, the
centuries were made up within the tribes; but this simple system was
rendered impossible by the increase in the number of classes.[1278]
For convenience of administration the censors must soon after this
enlargement have begun an effort to reduce the discord to harmony. One
class may have been brought into agreement with the tribes more readily
than another, and thus the readaptation may have extended through
many lustra. The number of centuries probably did not long remain at
one hundred and ninety-three. It may have received its first increase
above that sum in 304, for instance, the date to which Niebuhr[1279]
assigns the reform. The process may have been far advanced in 241, the
date preferred by a majority of scholars, and completed by Flaminius
in 220.[1280] The abolition of the equestrian prerogative may likewise
have been gradual; it may have been retained in one class of comitial
acts—elections or legislation, for instance—longer than in another. The
conclusion that the changes were gradually introduced in the period from
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