[244] Maine, Early Hist. of Inst. 135 f.; Giddings, Principles of Sociology, 294 f.

[245] Cf. Giddings, ibid.

[246] Maine, ibid. 136.

[247] Laws of Athelstan.

[248] Giddings, Principles of Sociology, 296; cf. Maine, Early Hist. of Inst. 141. Thus in the time of Tacitus the German youth of common blood who entered the comitatus of a chief had a fair opportunity to become noble; Germ. 13. 3-5; 14. 1 f. Among the Danes, too, some noble families were once peasant; Maine, ibid. 135.

[249] Brunner, Deutsche Rechtsgeschichte, i. 235 f., 252; Maine, ibid. 138; Ammon, Gesellschaftsordnung, 135; Schurtz, Urgeschichte der Kultur, 148 f.; Bluntschli, Theory of the State, 131, 155; Tarde, Laws of Imitation, 237.

[250] Giddings, Principles of Sociology, 315; cf. Combes de Lestrade, Éléments de sociologie, 185; Rossbach, Gesch. der Gesellsch. i. 14. A nobility formed purely by conquest, if such indeed exists, must be rare, and can hardly be lasting; Schurtz, Urgesch. der Kul. 149.

[251] Giddings, ibid. 315; cf. Grave, L’individu et la société, 32.

[252] Strabo viii. 4. 4, p. 364; Aristotle, Politics, 1270, a 34.

[253] Schurtz, Urgesch. der Kult. 165.

[254] Ginnell, Brehon Laws, 145.

[255] Bluntschli, Theory of the State, 142; Freeman, Norman Conquest, iv. 11. There were nobles both in England and in Normandy before the conquest. After the battle of Senlac most of the English nobles submitted to William, and were allowed to redeem their lands; Freeman, ibid. iv. 13 f., 36 f. It was only in punishment for later rebellion that they lost their holdings, and some English thanes were never displaced; cf. Powell, in Traill, Social England, i. 240.

[256] The most violent and oppressive Germanic invaders are supposed to have been the Vandals, and yet they doubtless retained for the administration of the government the trained Roman officials; Hodgkin, Italy and her Invaders, ii. 263. The Ostrogoths were more liberal in their treatment of the Romans (ibid. iv. 250, 271, 282), and the Franks still more liberal; Brunner, Deutsche Rechtsgesch. ii. 202.

[257] Featherman, Social History of the Races of Mankind, ii. 354; Tarde, Laws of Imitation, 238, n. 1, 239; Hellwald, Kulturgesch. i. 175 f.; Schurtz, Urgesch. der Kult. 149; cf. Demolins, Comment la route crée le type social.

[258] P. 16.

[259] P. 37, n. 4.

[260] P. 31; Pol. Sci. Quart. xxii (1907). 679 ff.

[261] The idea that the primitive community is essentially illiberal with its membership is erroneous. For the mingling of conquerors and conquered, see p. 42 f. and notes. On the ethnic heterogeneity of states in general, see Gumplowicz, Rassenkampf, 181. The laws of Solon granted citizenship to alien residents who were in perpetual exile from their own country, or who had settled with their families in Attica with a view to plying their trade; Plut. Sol. 24. Under his laws, too, a valid marriage could be contracted between an Athenian and an alien; Hdt. vi. 130. The Athenians, like the Romans, believed that many of their noble families were of foreign origin. In Ireland “strangers settling in the district, conducting themselves well, and intermarrying with the clan, were after a few generations indistinguishable from it;” Ginnell, Brehon Laws, 103. Nearly the same rule holds for South Wales; Seebohm, Tribal System in Wales, 131. To the Germans before their settlement within the empire the idea of an exclusive community must have been foreign; for as yet the individual was but loosely attached to his tribe. Persons of many tribes were united in the comitatus of a chief; the two halves of a tribe often fought on opposite sides in war; a tribe often chose its chief from another tribe. Intermarriage among the tribes was common, even between Germans and Sarmatians. A single tribe often split into several independent tribes, and conversely new tribes were formed of the most diverse elements; Seeck, Geschichte des Untergangs der antiken Welt, i. 209 with notes; Kaufmann, Die Germanen der Urzeit, 136 f. Under these circumstances the primitive German community cannot be described as exclusive. In like manner our sources unanimously testify to the liberality of early Rome in granting the citizenship to strangers. It is no longer possible to oppose to this authority the objection that such generosity does not accord with primitive conditions.

[262] Gaius i. 120 f.

[263] Mommsen’s theory of gentile ownership, adopted by Kubitschek, in Pauly-Wissowa, Real-Encycl. i. 790, depends upon his view that the gens was as old as the state; in his opinion it was originally stronger but gradually weakened, whereas the state went through the opposite process; Röm Staatsr. iii. 25. But if, as I have elsewhere pointed out (Pol. Sci. Quart. xxii. 685 ff.), the gens developed from the family during the decline of the kingship and the rise of aristocracy, the theory of a primitive gentile ownership falls to the ground.

[264] We are not to think of the state as granting a certain district to the tribe, which then parcelled it among the component curiae, etc., for this reason that the tribes and the curiae did not themselves possess common lands. Rather the state divided a given district among the families which were already included, or which it wished to include, in a given curia or tribe. In this way the later tribes were formed in historical time, and in this way the Claudian tribe was originally constituted; Livy ii. 16. 4 f.; cf. Plut. Popl. 21. When therefore Dionysius, ii. 7. 4, states that Romulus divided the land into thirty lots and assigned a lot to each of the thirty curiae, he means, if he correctly understands the matter, that land was assigned not to the curia as a whole but to the families which composed the curia, unless indeed the curiae once had a right of landholding not possessed in historical time.

[265] Christ, W., in Sitzb. d. Berl. Akad. d. Wiss. 1906. 207.

[266] In the Twelve Tables heredium has the meaning of hortus, “garden;” Pliny, N. H. xix. 4. 50. It was a praedium parvulum consisting of two iugera; Fest. ep. 99.

[267] In the earliest colonies this was the amount assigned to each man; cf. Livy iv. 47. 6 (Labici); vi. 16. 6 (Satricum); viii. 21. 11 (Tarracina, founded 329). The first two are not so distinctly historical as the third; Mommsen, Röm. Staatsr. iii. 24, n. 1. Supposing Rome to have been a colony, the historians infer that Romulus made a similar distribution among its earliest settlers; cf. Varro, R. R. i. 10. 2; Pliny, N. H. xviii. 2. 7; Fest. ep. 53; Juvenal xiv. 163 f.; Siculus Flaccus 153; Livy vi. 36. 11; Plut. Popl. 21; Columella v. 1. 9; Nissen, Ital. Landesk. ii. 507.

[268] Cf. Mommsen, Röm. Staatsr. iii. 23 f.

[269] Dion. Hal. iv. 13. 1; Varro, De vit. pop. rom. i, in Non. Marc. 43; Livy i. 46. 1.

[270] Dion. Hal. v. 57. 3; Plut. Popl. 21. Moreover the division into the five classes was based on unequal holdings.

[271] Cf. Meyer, Gesch. d. Alt. ii. 518, n.

[272] Röm. Staatsr. iii. 168.

[273] Dion. Hal. iv. 14. 2 might refer to a condition in which land was still inalienable and the right of changing residence restricted.

[274] The text followed is that of Jacoby. The reading represented by Jordan, Cato, p. 8, is not satisfactory. We have no ground for impugning the statement of Dionysius that Fabius actually called the country districts phylae, tribes. He may have termed them at once μοῖραι, “regions,” and phylae with perfect consistency; cf. Kubitschek, Rom. trib. or. 7, n. 34.

[275] Röm. Gesch. i. 434-7; English, 205 f.

[276] Verf. d. Serv. 95 f.

[277] Cf. Huschke, Verf. d. Serv. 72 ff., who supposed that the twenty-six rural regiones were in most respects like tribes, but contained only plebeians, who were politically inferior to the city people; see also Schwegler, Röm. Gesch. i. 736 f.

[278] Röm. Tribus, followed by Grotefend, Imp. rom. trib. descr.

[279] The supposition that there were originally but four rests upon those passages which mention only that number in connection with Servius, as Livy 1. 43. 13; Fest. ep. 368; (Aurel. Vict.) Vir. Ill. 7. 7; the discussion of the four city tribes as though they were the only Servian tribes by Dionysius (iv. 14. 1), whereas in the next chapter he describes those also of the country; and the designation of the rural districts as regiones rather than tribes by Varro, De vit. pop. rom. i, in Non. Marc. 43: “Et extra urbem in regiones xxvi agros viritim liberis attribuit.” In L. L. v. 56, however, he calls the country districts tribes.

[280] Grotefend, ibid. 27.

[281] Inferred from an obscure passage in Fest. 213. 13, and from inscriptions cited by Mommsen, Röm. Trib. 215; Grotefend, ibid. 67.

[282] Lange, Röm. Alt. i. 504; Herzog, Röm. Staatsverf. i. 39 and n. 2; Pelham, Rom. Hist. 39; Soltau, Altröm. Volksversamml. 457 ff.; Greenidge, Rom. Pub. Life, 67.

[283] Röm. Staatsr. iii. 163 ff. Mommsen calls attention to epigraphic evidence, cited more fully by Kubitschek, Imp. rom. trib. discr. 26 f., which assigns Ostia unmistakably to the Voturia tribus. He notices further that the same sort of evidence which places Ostia in the Palatina would give Puteoli, Sutrium, Canusium, and Fundi to the same city tribe, which is impossible. The error of including Alba and Ostia in the Palatina is due to neglect of the fact that men excluded from the country tribes were assigned to those of the city irrespective of domicile; cf. Röm. Staatsr. iii. 442 f., with notes.

[284] Stor. di Rom. I. i. 320, n. 1, relying on Livy ix. 46. 14.

[285] Fest. 246. 30: “‘Pro censu classis iuniorum’ Ser. Tullius cum dixerit in descriptione centuriarum;” cf. 249. 1; Livy 1. 60. 4; iv. 4. 2. Cicero, Rep. ii. 22. 39, writes discriptio, which Lange, Röm. Alt. i. 464, following Bücheler, in Rhein. Mus. xiii (1858). 598, accepts as the correct form.

[286] P. 67.

[287] Fabius Pictor, in Livy 1. 44. 2. Altogether unnecessary therefore is Soltau’s supposition (Altröm. Volksversamml. 458, n. 2), in itself improbable, that Fabius, who wrote his annals in Greek, applied the word φυλαί incorrectly to the rural districts. However that may be, Cato, as good an authority, spoke of these same districts as tribes. If the number thirty was suggested to Fabius by the curiate organization (cf. Ullrich, Centuriatcomitien, 9), this circumstance would be no argument against the existence of country tribes. On the strength of the army in the early republic, see p. 83.

[288] P. 57.

[289] Ibid.; cf. Pais, Leg. of Rom. Hist. 140.

[290] Just as he supposed the Suburana to have been evolved, name and all, from the pagus Succusanus; L. L. v. 48; cf. Fest. 302. 15; ep. 115.

[291] Varro, De vit. pop. rom. i, in Non. Marc. 43: “Et extra urbem in regiones xxvi agros viritim liberis attribuit.” As this statement does not rest upon an independent source, but is merely an interpretation of Fabius and Cato, it has not the value which Huschke (Verf. d. Serv. 72 f., 85 f.), Mommsen (Röm. Staatsr. iii. 168 f.), and Meyer (in Hermes, xxx. 11) attach to it.

[292] Cf. Livy i. 43. 13; Fest. ep. 368.

[293] IV. 14.

[294] Dion. Hal. iv. 15.

[295] Dion. Hal. iv. 15. 4-6. His idea of a census of the country people he derived from Lucius Piso (§ 5 f.) and from the censors’ office through Fabius (22. 2)—a fact which militates against Mommsen’s theory that under Servius the country was not yet ager privatus.

[296] Livy vi. 5. 8.

[297] P. 56.

[298] Röm. Staatsr. iii. 162 ff.

[299] Gesch. d. Alt. v. 135, 142; Hermes, xxx. 11; accepted by Neumann, Grundherrsch. d. röm. Rep. 14 f.; Kornemann, in Klio, v. 90.

[300] Röm. Staatsr. iii. 168.

[301] P. 50

[302] Röm. Staatsr. iii. 164 f.

[303] Ibid. 163 and n. 3, in opposition to his former view and that of Grotefend; cf. p. 52.

[304] There might remain the conjecture that the regiones, or pagi, had the same constitution as the tribes, but in that case the difference between pagus and tribus would be one of name only, and would therefore be without historical significance. Meyer’s view (Gesch. d. Alt. v. 135, 142) that the sixteen earliest country tribes were not formed till after the institution of the plebeian tribunate depends partly on his notion that the tribunes were originally the heads of the four urban tribes and partly on the difference in the naming, the city tribes being named after localities and the country tribes after gentes; cf. Hermes, xxx. 11. The latter circumstance, he asserts, establishes a later origin for the rural tribes. This argument is by no means convincing; the difference may have arisen from different conditions in country and city; probably no urban ward had one patrician gens so predominant as to give its name. If one kind of name is earlier than another, we should naturally suppose the gentile name to be the earlier, and in that case we should prefer the view of Pais, Stor. di Rom. I. i. 320, n. 1; Leg. of Rom. Hist. 140; cf. above, p. 52, n. 2.

The patrician gentile name does not imply patrician domination any more than the eupatrid name of an Attic deme implies eupatrid domination of that deme.

[305] Hermes, xxx. 12; followed by Neumann, Grundherrsch. d. röm. Rep. 13 f.; Kornemann, in Klio, v. 90 f.

[306] P. 6.

[307] Among the scholars who insist that originally country as well as city was divided into tribes are Müller, J. J., in Philol. xxxiv (1876). 112 ff., and more recently Kubitschek, De trib. or. (1882); Imp. rom. trib. discr. (1889), 2. Beloch, Ital. Bund (1880), 28, begins with twenty-one tribes in 495, considering it impossible to penetrate earlier conditions. Niese, Röm. Gesch. (1906). 38 and n. 3, more positively assigns the creation of twenty-one tribes to that date.

[308] Livy ii. 16. 5; cf. Dion. Hal. v. 40. 5.

[309] In Pauly-Wissowa, Real-Encycl. iii. 2650.

[310] Some place the immigration in the time of Titus Tatius; Verg. Aen. vii. 706 ff.; Suet. Tib. 1; Appian, Reg. 12; Mommsen, Röm. Forsch. i. 293; Röm. Staatsr. iii. 26, n. 1. That the earlier tradition assigned the event to the date mentioned in the text is asserted by Münzer, in Pauly-Wissowa, ibid. iii. 2663.

[311] Livy ii. 21. 7 (495): “Romae tribus una et xxx factae.” This statement is not that thirty-one tribes were instituted in that year, but that the number thirty-one was reached, “factae” being copulative. If “una et xxx” is not a copyist’s error, it probably depends on the Fabian view that there were originally thirty tribes. At all events it is inconsistent with the later statement (vi. 5. 8) that the number twenty-five was not reached till 387. The epitomator of Livy accordingly corrected the number to twenty-one, which most editors now write in the text itself. That there were twenty-one tribes in 491, when Coriolanus was tried, is assumed too by Dion. Hal. vii. 64. 6: Μιᾶς γὰρ καὶ εἴκοσι τότε φυλῶν οὐσῶν, οἶς ἡ ψῆφος ἀνεδόθη, τὰς ἀπολυούσας φυλὰς ἔσχεν ὁ Μάρκιος ἐννέα· ὤστ’ εἰ δύο προσῆλθον αὐτῷ φυλαί, διὰ τὴν ἰσοψηφίαν ἀπελέλυτ’ ἄν, ὥσπερ ὁ νόμος ἠξίου (“There being at the time twenty-one tribes, to whom the vote was given, Marcius received the votes of nine tribes for acquittal; so that, had two more tribes been favorable, he would have been acquitted by an equality of votes, as the law required”). This is not a mistake, as many assume, but an understatement; cf. Müller, J. J., in Philol. xxxiv (1876). 110 f. Meyer’s explanation (Hermes, xxx. 10, n. 2), which makes διὰ τὴν ἰσοψηφλίαν signify “owing to the equal value of the votes,” is improbable and unnecessary.

[312] For the form of the word, see Mommsen, Röm. Staatsr. iii. 171; Kubitschek, in Pauly-Wissowa, Real-Encycl. iv. 117. Crustumeria had been taken four years earlier (Livy ii. 19. 2, 499); so that a tribe of the same name could have been admitted in 495.

[313] Livy vi, 5. 8.

[314] Ibid. viii, 15. 12.

[315] Ibid. 17. 11.

[316] Ibid. ix, 20. 6.

[317] Ibid. x, 9. 14.

[318] Ibid. ep. xix.

[319] B.C. i. 49. 214: Ῥωμαῖοι μὲν δὴ τούσδε τοὺς νεοπολίτας οὐκ ἐς τὰς πέντε καὶ τριάκοντα φυλὰς, αἳ τότε ἦσαν αὐτοῖς, κατέλεξαν, ἵνα μὴ τῶν ἀρχαίων πλέονες ὄντες ἐν ταῖς χειροτονίαις ἐπικρατοῖεν, ἀλλὰ δεκατεύοντες ἀπέφηναν ἑτέρας, ἐν αἷς ἐχειροτόνουν ἔσχατοι. For δεκατεύοντες scholars have attempted to substitute δέκα, δέκα πέντε, δέκα ἐνεδρεύοντες (Mendelssohn, App. ii. p. 53, n.). The meaning given in the rendering offered above, though not found elsewhere, is possible. The passage has reference to the Latins and faithful Italians admitted by the Julian law of 90.

[320] III. 17 (Peter, Reliquiae, i. 280): “L. Calpurnius Piso ex senati consulto duas novas tribus.”

[321] II. 20. 2.

[322] Kubitschek, Imp. rom. trib. discr. 2-6, tries to prove that the lex Iulia, 90, provided for the enrolment of the Latins and faithful allies in fifteen old rural tribes, and that the lex Plautia Papiria, 89, assigned the more obstinate rebels to eight other existing rural tribes.

[323] Cf. Madvig, Röm. Staat. i. 26 f.

[324] B. C. i. 53. 231.

[325] That there was an increase is held by Mommsen, Röm. Staatsr. iii. 179, n. 1; Drumann-Gröbe, Röm. Gesch. ii. 370. This view is favored by Long, Rom. Rep. ii. 199 f. Lange, Röm. Alt. iii. 111 f., compromises.

[326] Livy, ep. lxxvii; App. B. C. i. 55. 242; p. 404.

[327] App. B. C. i. 59. 268; Cic. Phil. viii. 2. 7.

[328] Vell. ii. 20. 2; Livy, ep. lxxxiv; App. B. C. i. 64. 287; Cic. ibid.; Exup. 4; Mommsen, Röm. Staatsr. iii. 180, 439.

[329] Livy, ep. lxxxvi.

[330] Mommsen, ibid. 180.

[331] P. 71. Their military purpose is recognized by Dion. Hal. iv. 14. 2, whereas Livy, i. 43. 13, connects with them nothing but the collection of taxes.

[332] Livy i. 43. 13; Pliny, N. H. xviii. 3. 13; Varro, L. L. v. 45; Mommsen, Röm. Staatsr. iii. 166, n. 1.

[333] Dion. Hal. iv. 14. 2; Laelius Felix, in Gell. xv. 27. 5; Flaccus, in Gell. xvii. 7. 5. In referring to the year 204 Livy, xxix. 37. 3 f., represents the tribes as districts. The Pupinian tribe is often spoken of as a district, as by Varro, R. R. i. 9. 5. On the local nature of the urban tribes, see Varro, L. L. v. 56; Livy i. 43. 13; Dion. Hal. iv. 14. 1.

[334] Kubitschek, Rom. trib. or. 24 f.; Imp. rom. trib. discr. 2.

[335] Cf. Grotefend, Imp. rom. trib. descr. 7.

[336] Kubitschek, Imp. rom. trib. discr. 2 f.

[337] Cic. Flac. 32. 79 f. On the growth of the tribe, see Mommsen, Röm. Staatsr. iii. 175 ff.; Kubitschek, ibid. See also the maps in the latter work.

[338] Flaccus, in Gell. xvii. 7. 5. A list was kept of the estates comprising a tribe; Cic. ibid.

[339] Cf. the admission of new tribes; Livy vi. 5. 8: “Tribus quattuor ex novis civibus additae;” viii. 17. 11.

[340] Dion. Hal. iv. 14. 2.

[341] P. 64.

[342] Livy xxix. 37. 3 f.; Soltau, Altröm. Volksversamml. 379, n. 3.

[343] Somewhat different is the view of Mommsen, Röm. Trib. 2 f.; Röm. Forsch. i. 151; Röm. Staatsr. ii. 402; controverted by Soltau, ibid. 384 ff.

[344] The Romans had but two pursuits, agriculture and war, for the sedentary occupations were given to slaves and strangers; Dion. Hal. ii. 28; ix. 25. 2. It was assumed that those who were without property could take no interest in the state; ibid. iv. 9. 3 f.; Livy viii. 20. 4.

[345] Cf. Mommsen, Röm. Staatsr. iii. 630.

[346] It is well known too that freedmen were not regularly employed in military service; Livy x. 21. 4; p. 354 f. below.

[347] Widows and orphans were enrolled in a different list from that of the tribes, and hence were not included in the statistics of population which have come down to us; cf. Livy iii. 3. 9; ep. lix; Plut. Popl. 12; Mommsen, Röm. Staatsr. ii. 365 f., 401. Livy, ii. 56. 3, seems to exclude the clients. Only those lacked membership, however, who possessed no land. Clients of free birth were as liable to military service, according to their ratable property, as any other class of citizens; p. 22.

[348] Law of the Twelve Tables, in Gell. xvi. 10. 5; Schöll, Leg. Duod. Tab. Rel. 116; Bruns, Font. iur. 18 f.; Cic. Rosc. Am. 18. 51; Att. iv. 8 a. 3; Fest. ep. 9; Charis. p. 75 (Keil). The derivation from ab asse dando proposed by Aelius Stilo, though absurd, was accepted by Cic. Rep. ii. 22. 40; Top. 2. 10; Fest. ep. 9 (as an alternative); Isid. Etym. x. 27; Quint. Inst. v. 10. 55. The derivation ab assidendo is nearer the truth; Vaniček, Griech.-lat. Wörterb. 1012; Lange, Röm. Alt. i. 466; Mommsen, Röm. Staatsr. iii. 237 f.; Kubitschek, in Pauly-Wissowa, Real-Encycl. i. 426. See also Varro, De vit. pop. rom. i, in Non. Marc. 67; Gell. xix. 8. 15.

[349] Cic. Rep. ii. 9. 16; 22. 40; P. Nigidius, in Gell. x. 5. 2; Fest. ep. 9, 119; Pliny, N. H. xviii. 3. 11; Quint. v. 10. 55; Ovid, Fast. v. 281; Vaniček, ibid. 506, 1149.

[350] The army in the field must have consisted largely of men in patris aut avi potestate, whose names were reported to the censors, not for taxation but for military service, by those who had authority over them; cf. Livy xxiv. 11. 7; xliii. 14; Dion. Hal. ix. 36. 3; Fest. ep. 66. Scipio’s complaint (Gell. v. 19. 16: “In alia tribu patrem, in alia filium suffragium ferre”) indicates that the sons were regularly enrolled in the tribe of the father. That the list comprised plebeians only (Niebuhr, Röm. Gesch. i. 457 f.) has proved untenable; Mommsen, Röm. Forsch. i. 153 f.

[351] Dion. Hal. iv. 14. 2; Livy i. 43. 14; Varro, L. L. v. 181.

[352] Livy, ibid.; Varro, ibid.; cf. p. 63, n. 4 below.

[353] Dion. Hal. iv. 19. 3; Fest. ep. 9; Ennius, in Gell. xvi. 10. 1; cf. 12 f. Before the introduction of pay for military service in 406 the soldiers bore their own expenses; Livy iv. 59. 11; v. 4. 5; viii. 8. 3; Flor. i. 6. 8; Diod. xiv. 16. 5; Lyd. De mag. i. 45 f.; p. 71 ff. below.

[354] Plutarch, Cam. 2, makes Camillus the author of the tax on orphans for the support of the knights’ horses, thus connecting this measure with the general introduction of pay—a statement of some importance notwithstanding Kubitschek, in Pauly-Wissowa, Real-Encycl. i. 683.

[355] Zon. vii. 20: Οἰκόσιτοι ἐστρατεύοντο.

[356] Cic. Rep. v. 2. 3.

[357] Marquardt, Röm. Staatsv. ii. 150 f., 159 f. with citations.

[358] Cic. Rep. ii. 20. 36; Livy i. 43. 9; Plut. Cam. 2.

[359] Lange, Röm. Alt. i. 469, is of the opinion that before Servius all the plebeians had this standing, and that Servius left the newly conquered plebeians in that class, because if admitted to the army, they might revolt! Cf. Herzog, Röm. Staatsverf. i. 95.

[360] On the meaning of the word, see Pseud. Ascon. 103: “Ut pro capite suo tributi nomine aera praeberet.” On the removal from the tribe into this class; Livy iv. 24. 7; xxiv. 18. 6, 8; 43. 3; xliv. 16. 8. The removal from the tribe is understood when it is not mentioned; Varro, in Non. Marc. 190; Livy ix. 34. 9; xxvii. 11. 15; Gell. iv. 12.

[361] Livy vii. 20. 7; Dio Cass. Frag. 33; Strabo v. 2. 3; Gell. xvi. 13. 7; Schol. Hor. Ep. i. 6. 62. On the aerarii and Caerites, see further Mommsen, Röm. Staatsr. ii. 392-4, 401 ff., 406; Kubitschek, in Pauly-Wissowa, Real-Encycl. i. 674-6; iii. 1284 f.; Hülsen, ibid. iii. 1281 f.; see also the works of Herzog, Lange, Madvig, and Willems.

[362] P. 466, n. 2.

[363] It would be absurd to suppose that while the absolutely poor citizens could vote in the proletarian century, those who possessed considerable wealth, though not in land, were excluded.

[364] Unutterable confusion was brought into this subject by Varro, L. L. v. 181: “Tributum dictum a tribubus, quod ea pecunia, quae populo imperata erat, tributim a singulis pro portione census exigebatur;” cf. Livy i. 43. 13; Isid. Etym. xvi. 18. 7. Neither is tributum derived from tribus nor vice versa. Tribuere signifies “to divide,” “to apportion;” tributum, “that which is apportioned,” tribus being only indirectly connected with these words; Schlossmann, in Archiv f. lat. Lexicog. xiv (1905). 25-40.