[1770] P. 233, 269, 287.

[1771] P. 264.

[1772] P. 103.

[1773] P. 102, n. 1.

[1774] P. 273 ff.

[1775] Livy iii. 54. 14.

[1776] Ibid. § 15.

[1777] Livy iii. 55. 14.

[1778] Mommsen, Röm. Staatsr. ii. 279, n. 1, 302.

[1779] We have no means of testing the historical truth of these three alleged plebiscites. The first Icilian was of transient character, and the first Duillian was unnecessary, though not especially suspicious on that account. The second Duillian represents constitutional principles known to have been early established. They are doubted by Herzog, Röm. Staatsverf. i. 149 f.

[1780] XII. 25. 2. He does not state that this arrangement was embodied in a law, although otherwise it could not have been effective.

[1781] Pais, Stor. di Rom. I. i. 558 f. The fact that Fabius Pictor (in Gell. v. 4. 3) places the election of the first plebeian consul in the twenty-second year after the Gallic conflagration indicates (1) that Diodorus did not depend upon Fabius, (2) that Livy’s view of this constitutional change is essentially that of Fabius; cf. Pais, ibid. I. ii. 136, n. 2.

[1782] Livy iii. 63. 8-11; Dion. Hal. xi. 50. 1; Act. Triumph. Capit., in CIL. i². p. 44; cf. Herzog, Röm. Staatsverf. i. 194.

[1783] Livy vii. 17. 9; Act. Triumph. Capit., in CIL. i². p. 44. In this case it is possible that the senate for a time resisted, to yield finally under pressure.

[1784] Cf. Polyb. vi. 15. 8; Dio Cass. Frag. 74. 2; Lange, Röm. Alt. ii. 623.

[1785] Postumius, consul in 294, when refused a triumph by the senate, refrained from bringing the case before the people because he foresaw tribunician resistance, but declared his intention to triumph by right of his consular imperium; Livy x. 37. 6-12; Dion. Hal. xvii, xviii. 5. 3 (18); Act. Triumph. Capit. in CIL. i². p. 45. Q. Minucius, consul in 197, when refused by the senate, asserted that he would triumph on the Alban Mount, also by right of his consular imperium and after the example of many illustrious men; Livy xxxiii. 23. 3; CIL. i². p. 48; cf. Mommsen, Röm. Forsch. i. 214 f.; Röm. Staatsr. iii. 134.

[1786] P. 273, 284.

[1787] Cf. Livy iv. 20. 1; vi. 42. 8.

[1788] P. 285; cf. p. 301.

[1789] Cic. Rep. ii. 37. 63; Livy iv. 1-6; Flor. i. 17. 25. The commonly accepted theory that this decemviral enactment merely confirmed a custom which had existed from the beginning of Rome is supported neither by the sources nor by a comparison of early usage in other states.

[1790] P. 234.

[1791] P. 286.

[1792] Livy iii. 71 f.; Dion. Hal. xi. 52. Herzog, Röm. Staatsverf. i. 198, n. 4, finds difficulties in the details; but we are not warranted in denying the truth of the event on the ground of irregularity in the proceedings, even while we admit that much is uncertain in the history of the period to which the act is assigned.

[1793] P. 230, 283.

[1794] The institution of new offices and the increase in number within existing magisterial colleges by act of the centuries (cf. p. 234) is merely the application of a long-recognized popular right.

[1795] Livy iv. 12. 8. This alleged act of the tribes is suspicious because of its isolation; for in this period offices were instituted by the centuries. It is either exceptional or an anticipation of later usage; cf. p. 306.

[1796] Livy iv. 25. 13 f. The same author, vii. 15. 12 f., states that the first lex de ambitu was enacted in 358; p. 296.

[1797] Livy iv. 51. 2 f.; Flor. i. 17. 2 (22); Zon. vii. 20. 5. The act, like that of 440, is either exceptional or an anticipation of later usage; cf. p. 309.

[1798] Livy vi. 20. 13. The context indicates that in Livy’s opinion it was a resolution of the plebs. Dio Cass. Frag. 25.

Whether the order of the people, 437, directing the dictator at public expense to present a golden crown of a pound weight to Jupiter was dictatorial or tribunician cannot be determined; Livy iv. 20. 4.

[1799] Cf. iv. 48. 1; 53. 6; v. 12. 3; vi. 5. 2; 6. 1.

[1800] Livy iv. 36. 2 (424).

[1801] Livy iv. 59. 11; Diod. xiv. 16. 5; Zon. vii. 20. 6; Flor. i. 6 (12). 8; cf. Lange, Röm. Alt. i. 540, 668 f.; ii. 627; Herzog, Röm. Staatsverf. i. 212 f.; p. 284 above.

[1802] Livy vi. 42. 2; cf. Wissowa, Relig. u. Kult. d. Röm. 461.

[1803] The word utique, “at least,” inserted in this article by Livy, vi. 35. 5, belongs to the Genucian law of 342; p. 299.

[1804] Livy vi. 35. 4 f.; 42. 9; xxxiv. 4. 9.

[1805] In his account of the Licinian-Sextian legislation he makes no mention of this last regulation, but assumes its existence for the following period; cf. p. 291 f., on aedilician prosecutions for violations of this article.

Other sources for the second Licinian-Sextian plebiscite are Varro, R. R. i. 2. 9; Plut. Cam. 39; Ti. Gracch. 8; Appian, B. C. i. 8. 33; Vell. ii. 6. 3; Val. Max. viii. 6. 3; (Aurel. Vict.), Vir. Ill. 20.

The statute, especially the agrarian portion, is discussed by Meyer, in Rhein. Mus. xxxvii (1882). 610-27; Niese, in Hermes, xxiii (1888). 410-23; Röm. Gesch. 55, 148; Soltau, in Hermes, xxx (1895). 624-9; Pais, Stor. di Rom. I. ii. 72 ff., 134 ff. Niese refuses to believe that this agrarian legislation came so early, and prefers a date shortly after the close of the war with Hannibal. Soltau, controverting Niese’s view, insists that the chief regulation mentioned by Livy—the limitation of occupation to five hundred iugera—belongs to Licinius and Sextius, and that the article was afterward renewed, with the addition of the other provisions stated by Appian, probably about the time of the Hortensian legislation. Against the earlier date is especially urged the circumstance that the large number of iugera allowed to the individual is incongruous with the narrow limits of the Roman territory at that time. The provision for the relief of debtors, too, has the appearance of an anticipation of a plebiscite on the same subject passed in 447; p. 298 below; cf. Matzat, Röm. Chron. ii. 113, n. 9; 128, n. 6.

[1806] Livy vii. 15. 12 f.; Isler, Ueber das poetelische Gesetz de ambitu, in Rhein. Mus. xxviii (1873). 473-7; Lange, Kleine Schriften, ii. 195-213; Röm. Alt. i. 716; Herzog, Röm. Staatsverf. i. 241 f.; Ihm, in Pauly-Wissowa, Real-Encycl. i. 1801; cf. p. 295 above.

[1807] P. 202.

[1808] P. 235, 314.

[1809] Livy vii. 16. 7 f.; cf. Herzog, Röm. Staatsverf. i. 246-8; Lange, Röm. Alt. i. 191; ii. 26, 621.

[1810] Livy vii. 16. 8.

[1811] Livy vii. 16. 1. Two laws of 356 have a certain degree of financial interest: the dictatorial law which made provision for an impending war (Livy vii. 17. 7); and the alleged resolution of the people (p. 293) to grant the same dictator the privilege of a triumph.

[1812] Tac. Ann. vi. 16; cf. Herzog, Röm. Staatsverf. i. 183, n. 3.

[1813] Livy vii. 21, 5; cf. Herzog. Röm. Staatsverf. i. 245. That the bank commission owed its existence to a law is an inference from the circumstances. The form of assembly is unknown. With this Valerian-Marcian law, 352, Lange, Röm. Alt. ii. 621 f., conjecturally identifies the lex Marcia against usurers; Gaius iv. 23. In his opinion also (ibid. ii. 622; cf. Rudorff, Röm. Rechtsgesch. i. 51) the lex Furia de sponsu mentioned by Gaius, iii. 121; iv. 22, “discharging the sponsor and fide-promissor of liability in two years and limiting the liability of each to a proportionate part” (Poste’s interpretation) belongs to L. Furius, dictator in 345 (Livy vii. 28. 2); whereas others assign it to the year 95 (cf. Poste, Gai. Inst. 359) and others to a time subsequent to Cicero (cf. Roby, Rom. Priv. Law, ii. 30). It was later than the lex Appuleia de sponsu, which is referred to by Gaius iii. 122, and which must have been enacted after the establishment of the provincial system. It is to be attributed, accordingly, to the famous tribune of 103, 100 (Poste, ibid. 359) rather than to the like-named tribune of 390 (Livy v. 32. 8; Lange, Röm. Alt. ii. 621). These considerations render the later dating of the lex Furia the more probable. The lex Publilia de sponsu, the date of which is also unknown, granted the surety (sponsor) an action against the principal debtor in case the latter failed to reimburse him within six months; Gaius iii. 127; iv. 22, cf. 171.

[1814] Livy vii. 27. 3; Tac. Ann. vi. 16. The author is not named.

[1815] P. 238.

[1816] Livy vii. 42. 1-3. Appian, B. C. i. 54, testifies to the existence of an ancient law forbidding interest; cf. Tac. Ann. vi. 16.

[1817] Pais, Stor. di Rom. I. ii. 270, with his usual acumen has argued against the existence of the Genucian as well as of the Publilian statute; but the reasons urged by this eminent scholar do not seem to me to be convincing. The period in which they fall is certainly within the reach of tradition. The abolition of debts through the Valerian law was in keeping with the populistic spirit of the masses in that age, as was the prohibition of interest.

[1818] Pais, Stor. di Rom. I. ii. 278, n. 4: “Thus C. Junius Bubulcus and Aemilius Barbula, consuls in 317, reappear in 311 B.C.; L. Papirius Cursor is consul in 320, 319, 315, 313; P. Decius is consul in 312 and in 308,” etc.; cf. further Mommsen, Röm. Staatsr. i. 519, n. 5. It is true that on one occasion Livy, x. 13. 8 f. (298), speaks of the law and of a proposal of the tribunes to obtain a dispensation for the candidate Fabius by a vote of the people, oblivious of the violation of the law by this same Fabius as well as by many others.

[1819] Livy xxiii. 31. 13 f.; Plut. Marc. 12 (215). On that occasion when the people were told that the election of two plebeians as colleagues in the consulship was displeasing to the gods, they proceeded to choose a patrician in place of the second plebeian; cf. Herzog, Röm. Staatsverf. i. 253, n. 2. The first definitive election of two plebeians was in 172; Fast. Cos. Capit., in CIL. i². p. 25: “Ambo primi de plebe.”

[1820] Cf. Herzog, Röm. Staatsverf. i. 253.

[1821] Livy viii. 12. 14-16.

[1822] P. 235.

[1823] P. 237.

[1824] P. 307.

[1825] P. 274, 313.

[1826] The most detailed study of this subject, including a critique of the principal modern views, is made by Soltau, Gültigkeit der Plebiscite, in Berl. Stud. ii (1885). 1-176. His criticism is more satisfactory than his construction.

[1827] This point is established by the circumstances (1) that no writer of the period refers to the principle mentioned; (2) that Cicero regards the thirty-five tribes under tribunician presidency as the universus populus Romanus—a definition which is incompatible with the legal exclusion of the patricians from that form of assembly (p. 129 f.); (3) that on one occasion, 209, after the Hortensian legislation Livy (xxvii. 21. 1-4) represents the voting assembly under tribunician presidency as composed not only of plebs but of all ranks (concursu plebisque et omnium ordinum), and that the patricians were evidently free to take part in the debates of the concilium; cf. Livy xliii. 16. 8; (4) Caesar, B. C. iii. 1, seems to represent the praetors and tribunes as presiding together over the same comitia (“praetoribus tribunisque plebis rogationes ad populum ferentibus”)—which would prove that no difference of composition existed between the pretorian and the tribunician assemblies of tribes.

[1828] P. 230.

[1829] Livy ix. 5. 2.

[1830] Inv. ii. 30. 92.

[1831] Livy ix. 8. 14: the tribunes protested against breaking it.

[1832] Livy ix. 10. 10: the circumstance that he assaulted the Roman fetialis is sufficient evidence of his view.

[1833] IX. 9. 4. Gellius, xvii. 21. 36, less credibly states that the treaty was repudiated by order of the people.

[1834] Livy ix. 5-11; Cic. Off. iii. 30. 109; Inv. ii. 30. 92; Zon. vii. 26. 15.

[1835] Livy ix. 9. 4.

[1836] Livy viii. 36. 11 f. (ambassadors of the Samnites, applying for peace to the dictator, are ordered by him to address the senate, which replies that it will accept the arrangements of the magistrate, 324); ix. 20. 8 (an unequal alliance with Apulia negotiated by the consul, 317); ix. 43. 6 f. (the Hernicans, beaten in war, apply to the senate, and are referred to the consuls, who accept their submission, 307); ix. 45. 1-3 (Samnite ambassadors ask peace of the senate, which replies that the consul will pass through their country and will report to the senate on the conditions which he finds there, 304); x. 3. 5 (the dictator, fining the Marsians of a part of their territory, grants them a renewal of the treaty, 302). In none of these instances is mention made of the people; and most of them preclude a popular vote.

[1837] Sall. Iug. 39.

[1838] Cf. Livy ix. 20. 2 f. (318), in which a proposal of peace was rejected by the people. In the treaty with the Lucanians, 298, Livy, x. 11. 13; 12. 1, mentions the senate only; Dionysius, xvii, xviii (xvi. 12). 1. 3, speaks of both senate and assembly.

[1839] Cf. Livy ix. 20. 2 f.

[1840] Polyb. vi. 14. 10 f.; 15. 9.

[1841] P. 181.

[1842] Röm. Alt. i. 514; ii. 638; p. 283 above.

[1843] Livy viii. 13. 10 ff.; ch. 14.

[1844] The gift of citizenship, adprobantibus cunctis, to L. Mamilius, dictator of Tusculum, 458, does not necessarily imply a public vote; Livy iii. 29. 6. Even if this were the opinion of Livy, it need be no more than an anticipation of later usage. In 381 the Tusculans received the citizenship, how we are not informed; Livy vi. 26. 8; Dio Cass. Frag. 28. 2. In the account of the settlement of Latium and Campania in 340, involving the grant of citizenship to the Capuan equites, no mention is made of either senate or people; Livy viii. 11. 13-16. The sources are likewise silent as to a popular vote in the grant of citizenship sine suffragio to the Caerites; Livy vii. 20. 8; Dio Cass. Frag. 33 (Boissevain i. p. 138); Strabo v. 2. 3, p. 220; Gell. xvi. 13. 7. From Livy and Dio Cassius it may be reasonably inferred that the event took place after 353, though Boissevain’s date, 273, seems to be too late. Probably they were admitted between 353 and 332—before the hundred years’ peace had far advanced.

[1845] Livy viii. 17. 12.

[1846] Röm. Alt. ii. 638.

[1847] I. 14. 4.

[1848] Livy viii. 21. 10. Nothing is said as to the chairmanship of the assembly. The event is referred to by Dio Cass. Frag. 35. 11.

[1849] Livy ix. 43. 24.

[1850] P. 352.

[1851] Lange, Röm. Alt. ii. 610 f., 638.

[1852] P. 234. The only exception is the creation of a prefecture of the market by a plebiscite in 440; p. 295.

[1853] Livy viii. 23. 11 f.

[1854] Livy x. 22. 9.

[1855] Livy ix. 42. 2.

[1856] Livy x. 16. 1.

[1857] Dion. Hal. xvii, xviii (xvi. 16). 4. 4.

[1858] Lange, Röm. Alt. ii. 640.

[1859] Livy x. 24. 18; cf. Willems, Sén. Rom. ii. 531. For other versions of the event, see Livy x. 26. 5 f.

[1860] Livy, ep. xi; p. 359 above. Probability favors the tribunician assembly.

[1861] Livy ix. 20. 5.

[1862] Fest. 233. 14.

[1863] Mommsen, Röm. Staatsr. ii. 609.

[1864] Lange, Röm. Alt. ii. 73, 632. Cuq, in Daremberg et Saglio, Dict. iii. 1144, assumes that it was proposed by L. Furius, praetor in that year.

[1865] Livy ix. 30. 3.

[1866] P. 234.

[1867] Livy ix. 30. 3 f. In ix. 38. 2 he refers to a naval commander whom the senate placed in charge of the coast, and whom Mommsen, Röm. Staatsr. ii. 580, n. 1, supposes to have been a duovir. That a duovir commanded a fleet in 282 is proved by Livy, ep. xii; Dio Cass. Frag. 39. 4. Probably the triumviri capitales, 289, were created by a similar act of the tribes; Livy, ep. xi; p. 312.

[1868] P. 309.

[1869] P. 311.

[1870] Lange, Röm. Alt. ii. 534, 636.

[1871] Fest. 246. 19.

[1872] The brief statement of Festus, ibid., is here interpreted in the light of Livy xxiii. 23. 6. In general on the Ovinian plebiscite, see Lange, Kleine Schriften, ii. 393-446; Willems, Sén. Rom. i. 153-173, 668-89; Herzog, Röm. Staatsverf. i. 259 ff.; Mommsen, Röm. Staatsr. ii. 418; iii. 873, 879.

[1873] Cf. Livy iv. 5. 2; p. 287 above.

[1874] Cf. Gell. x. 20. 4, 9 f.

[1875] Cf. Livy viii. 16. 4; ix. 7. 15; 28. 2; Diod. xix. 66. 1; p. 299, n. 3.

[1876] Livy x. 13. 8 f.

[1877] Röm. Alt. ii. 641.

[1878] Livy x. 22. 9.

[1879] It is the only instance mentioned for this early time.

[1880] Livy x. 13. 10: “Iam regi leges, non regere”; cf. Appian, Lib. 112; Lange, Röm. Alt. ii. 641.

[1881] P. 295 f.

[1882] P. 293, 295, n. 6.

[1883] Div. i. 26. 55; Macrob. Sat. i. 11. 13 (on the reading, see Mommsen, in Hermes iv (1870). 7; Lange, Röm. Alt. ii. 634.

[1884] Livy viii. 13. 1.

[1885] Macrob. Sat. i. 11. 5; Cuq, in Daremberg et Saglio, Dict. iii. 11. 54. On these games, see Marquardt, Röm. Staatsv. iii. 497; Wissowa, Relig. u. Kult. d. Röm. 111 f., 385 f.

[1886] Livy ii. 36; Dion. Hal. vii. 68; Plut. Cor. 24; Val. Max. i. 7. 4; cf. Lange, Röm. Alt. ii. 634.

[1887] Livy ix. 46. 7.

[1888] Röm. Alt. i. 828; ii. 634.

[1889] Cic. Dom. 49. 127 f.; Att. iv. 2. 3.

[1890] Livy x. 6 f. He has evidently made a mistake in supposing the number of pontiffs to have been increased to only eight (chs. 6. 6; 8. 3; 9. 2; cf. Bardt, Priester der vier grossen Collegien, 32 f.; Wissowa, Relig. u. Kult. d. Röm. 432, n. 4.)

[1891] P. 240, 241, 269, 280.

[1892] P. 241 f.

[1893] P. 295.

[1894] Livy viii. 18. 3 ff.; Val. Max. ii. 5. 3; Oros. iii. 10; August. Civ. Dei, iii. 17. p. 124 Domb. The lex de veneficio mentioned by Livy, ep. viii, may refer to the act which established this court; but it would not be legitimate to argue from this expression a popular vote. The epitomator undoubtedly drew all his information from the text.

[1895] Livy ix. 26. 6 ff.; cf. however, Lange, Röm. Alt. ii. 637.

[1896] Livy viii. 37. 8; Val. Max. ix. 10. 1; Pliny, N. H. vii. 42. 43. 136; p. 288, n. 1.

[1897] Lange, Röm. Alt. ii. 637.

[1898] Livy ix. 16. 10; xxvi. 33. 10.

[1899] Cic. Rep. ii. 34. 59; Livy viii. 28; Varro, L. L. vii. 105; Dion. Hal. xvi. 5 (9); Suidas, s. v. Γάιος Λαιτώριος; cf. Kleineidam, in Festg. f. F. Dahn, ii. 1-30.

[1900] Varro, ibid., assigns the law to a dictator, C. Popillius, which may be a mistake for C. Poetelius, dictator in 313; Livy ix. 28. 2.

[1901] Greenidge, Leg. Proced. 74.

[1902] P. 238.

[1903] P. 284.

[1904] Livy, iv. 11. 3-7, represents the tribunes of 442 as attempting to call to account the colonial commissioners of that year (cf. p. 288). In 418 they planned to offer a bill for colonizing Labici (Livy iv. 47. 6). In 415 a bill for colonizing Bolae, introduced by a tribune of the plebs, was vetoed by a colleague; Livy iv. 49. 6; cf. Diod. xiii. 42. 6. Many similar instances are given for the time immediately following; cf. Lange, Röm. Alt. ii. 626 f. with citations. Although we may question the truth of these individual cases, we have no ground for doubting that such agitation continued long before the tribunes succeeded in carrying a colonial law.

[1905] Livy x. 21. 9; p. 307.

[1906] Livy viii. 36. 9 f.; ix. 42. 5.

[1907] Cf. Livy x. 6. 3; 21. 9; Herzog, Röm. Staatsverf. i. 282 f.

[1908] Cf. Livy x. 17. 10; 20. 16; 25. 3; 30. 10: “Praemia illa tempestate militiae haudquaquam spernenda”; 31. 4; 44. 1; 45. 14; 46. 15.

[1909] Livy x. 13. 14; 23. 13; 47. 4.

[1910] Livy x. 46. 5 f.

[1911] Livy x. 31. 8; 47. 6; ep. xi; Zon. viii. 1. 10; Val. Max. i. 8. 2.

[1912] Livy x. 23. 11 f.

[1913] P. 307, n. 1, 332.

[1914] P. 279.