had voted with one another in the assembly of the
plebeians. These two circumstances had given
to the nobility various opportunities of exercising
influence on that assembly, and especially of managing
the election of tribunes according to their views;
and both were henceforth done away by means of the
new method of voting according to tribes. Of
these, four had been formed under the Servian constitution
for the purposes of the levy, embracing town and country
alike;(8) subsequently-perhaps in the year 259—the
Roman territory had been divided into twenty districts,
of which the first four embraced the city and its
immediate environs, while the other sixteen were formed
out of the rural territory on the basis of the clan-cantons
of the earliest Roman domain.(9) To these was added—probably
only in consequence of the Publilian law, and with
a view to bring about the inequality, which was desirable
for voting purposes, in the total number of the divisions—as
a twenty-first tribe the Crustuminian, which derived
its name from the place where the plebs had constituted
itself as such and had established the tribunate;(10)
and thenceforth the special assemblies of the plebs
took place, no longer by curies, but by tribes.
In these divisions, which were based throughout on
the possession of land, the voters were exclusively
freeholders: but they voted without distinction
as to the size of their possession, and just as they
dwelt together in villages and hamlets. Consequently,
this assembly of the tribes, which otherwise was externally
modelled on that of the curies, was in reality an
assembly of the independent middle class, from which,
on the one hand, the great majority of freedmen and
clients were excluded as not being freeholders, and
in which, on the other hand, the larger landholders
had no such preponderance as in the centuries.
This “meeting of the multitude” (-concilium
plebis-) was even less a general assembly of the burgesses
than the plebeian assembly by curies had been, for
it not only, like the latter, excluded all the patricians,
but also the plebeians who had no land; but the multitude
was powerful enough to carry the point that its decree
should have equal legal validity with that adopted
by the centuries, in the event of its having been
previously approved by the whole senate. That
this last regulation had the force of established
law before the issuing of the Twelve Tables, is certain;
whether it was directly introduced on occasion of
the Publilian -plebiscitum-, or whether it had already
been called into existence by some other—now
forgotten—statute, and was only applied
to the Publilian -plebiscitum- cannot be any longer
ascertained. In like manner it remains uncertain
whether the number of tribunes was raised by this
law from two to four, or whether that increase had
taken place previously.
Agrarian Law of Spurius Cassius