Patricio-Plebian Nobility

These distinctions may perhaps have already existed partially in the time of the patrician government, and, so long as families of higher and humbler rank were distinguished within the patriciate, may have served as external insignia for the former; but they certainly only acquired political importance in consequence of the change of constitution in 387, by which the plebeian families that attained the consulate were placed on a footing of equal privilege with the patrician families, all of whom were now probably entitled to carry images of their ancestors.  Moreover, it was now settled that the offices of state to which these hereditary privileges were attached should include neither the lower nor the extraordinary magistracies nor the tribunate of the plebs, but merely the consulship, the praetorship which stood on the same level with it,(7) and the curule aedileship, which bore a part in the administration of public justice and consequently in the exercise of the sovereign powers of the state.(8) Although this plebeian nobility, in the strict sense of the term, could only be formed after the curule offices were opened to plebeians, yet it exhibited in a short time, if not at the very first, a certain compactness of organization—­doubtless because such a nobility had long been prefigured in the old senatorial plebeian families.  The result of the Licinian laws in reality therefore amounted nearly to what we should now call the creation of a batch of peers.  Now that the plebeian families ennobled by their curule ancestors were united into one body with the patrician families and acquired a distinctive position and distinguished power in the commonwealth, the Romans had again arrived at the point whence they had started; there was once more not merely a governing aristocracy and a hereditary nobility—­both of which in fact had never disappeared—­but there was a governing hereditary nobility, and the feud between the gentes in possession of the government and the commons rising in revolt against the gentes could not but begin afresh.  And matters very soon reached that stage.  The nobility was not content with its honorary privileges which were matters of comparative indifference, but strove after separate and sole political power, and sought to convert the most important institutions of the state—­the senate and the equestrian order—­from organs of the commonwealth into organs of the plebeio-patrician aristocracy.

The Nobility in Possession of the Senate

The dependence -de jure- of the Roman senate of the republic, more especially of the larger patricio-plebeian senate, on the magistracy had rapidly become lax, and had in fact been converted into independence.  The subordination of the public magistracies to the state-council, introduced by the revolution of 244;(9) the transference of the right of summoning men to the senate from the consul to the censor;(10) lastly, and above all, the legal recognition of the right