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
Several plebeian gentes are mentioned, including the Minucia and the
Octavia,[154] the Lutatia,[155] the Calpurnia,[156] the Domitia,[157]
the Fonteia,[158] the Aurelia,[159] and the Licinia.[160] Some gentes
comprised both patrician and plebeian families, as the Cassia,[161] the
Claudia,[162] the Cornelia,[163] the Manlia,[164] the Papiria,[165] the
Publilia or Poplilia,[166] the Aebutia,[167] and the Servilia.[168] Not
only do the sources refer to several plebeian gentes by name, but they
clearly imply in other ways the existence of such associations. Livy[169]
expresses the patrician sentiment that “it would seem an affront to the
gods for honors to be vulgarized and for the distinction between gentes
to be confused at auspicated comitia” (by the election of plebeians to
the consular tribunate). “The distinction between gentes” can only mean
the distinction between patrician and plebeian gentes—an interpretation
confirmed by a similar statement of Cicero[170] to Clodius, who had
passed by arrogation from a patrician to a plebeian gens: “You have
disturbed the sacra and contaminated the gentes, both the one you have
deserted and the one you have defiled” (by your admission into it). To
our other proofs we may add the consideration that the very expression
gentes patriciae[171] implies the existence of plebeian gentes. It is
natural then that Varro[172] should make gentilitas a condition of men
in general. In asserting that there were a thousand gentile names the
same authority[173] must have included those of plebeians, for scarcely a
hundred belonging to patricians could have been known to him. By no means
the weakest argument in favor of the view here presented is the fact that
the laws of the Twelve Tables concerning inheritance, tutelage,[174]
etc.—which apply not to the patricians alone but to the whole citizen
body—assume that every citizen in full possession of his civil rights
belonged to a gens.
A passage often interpreted against the existence of plebeian gentes
is Livy x. 8. 9: “Vos solos gentem habere.” In this case a plebeian
speaker says the patricians claim that they alone have gens (not
gentes). The context shows clearly, however, that gens does not here
denote an association but is used in the sense of illustrious birth or
pedigree,[175] as is sometimes our word family.[176] Wherever a nobility
exists it necessarily lays greater stress on descent than do the people,
and in all countries the nobles are in a far better position to keep up
family connections than are the commons. Naturally therefore at Rome we
hear more of patrician than of plebeian gentes. But in view of all the
facts mentioned above there should be no doubt as to the existence of the
latter. The result of this discussion is that neither in the composition
of the gens nor in its position in the community can support be found for
Niebuhr’s assumption of a patrician state.[177]
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