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
had at length so enhanced the value of citizenship that the masses were
unwilling except on the rarest occasions to share its advantages with
others.[2177] Any attempt, therefore, on the part of aliens to usurp the
rights of the city was resented. In 187 we find the senate appointing the
praetor Q. Terentius Culleo extraordinary commissioner for determining
by investigation who from the Latin towns had recently usurped the
citizenship, and for expelling from Rome those found guilty of the
offence.[2178] Soon afterward the people extended their power over such
cases; in 177 a second expulsion of the Latins was brought about by a
consular law of C. Claudius Pulcher.[2179]
The same spirit prompted the citizens to limit the political rights of
freedmen. There can be no doubt that early Rome was as liberal in the
treatment of this class as of aliens. From earliest times they had a
right to acquire land; and such proprietors were undoubtedly enrolled
in the tribes in which their estates were situated.[2180] From the
beginning, however, custom deprived them of the ius honorum[2181] and
of conubium. The former they acquired along with the other plebeians,
although they were less readily admitted to the actual enjoyment of
it;[2182] the latter they continued to lack.[2183] They were exempt,
too, from ordinary military service.[2184] In time their condition
became worse. C. Flaminius as censor in 220, in the interest of the rural
plebs,[2185] began arbitrarily to assign all the libertini, whether they
had lands or not, to the four city tribes,[2186] doubtless at the same
time to the supernumerary centuries of the comitia centuriata.[2187]
But the sons of freedmen, themselves originally libertini,[2188] came
in time to be looked upon as ingenui, with the same legal rights as
the old citizens. This change seems to have been effected by the
plebiscite of Q. Terentius Culleo, 189, for compelling the censors to
admit to the senate the sons of free parents—undoubtedly those sons of
libertini who were born after the emancipation of the father.[2189]
The law must have involved the principle of treating such persons as
citizens optimo iure, and have therefore required their enrolment in
the country tribes, provided they owned land. As the acquisition of
full rights came only with the death of the father, which made the son
sui iuris, the application of the principle must have required the
enrolment of the fathers along with the sons in the rural tribes; in
other words, it recognized as citizens optimo iure those libertini who
had children,[2190] on the basis of the existing custom of enlisting such
persons in military service at crises.[2191] The political connections
of the author of this statute leads us to interpret it as a measure of
the oligarchs for strengthening their position by the votes of their
dependents.[2192]
Public-domain text, read in full here on John Shaqi.
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