Conflict of The Orders - The End of The Conflict of The Orders (367-287 BC)

The End of The Conflict of The Orders (367-287 BC)

In the decades following the passage of the Licinio-Sextian law of 367 BC, a series of laws were passed which ultimately granted Plebeians political equality with Patricians. The Patrician era came to a complete end in 287 BC, with the passage of the Hortensian law. When the Curule Aedileship had been created, it had only been opened to Patricians. However, an unusual agreement was ultimately secured between the Plebeians and the Patricians. One year, the Curule Aedileship was to be open to Plebeians, and the next year, it was only to be open to Patricians. Eventually, however, this agreement was abandoned and the Plebeians won full admission to the Curule Aedileship. In addition, after the Consulship had been opened to the Plebeians, the Plebeians acquired a de facto right to hold both the Roman Dictatorship and the Roman Censorship since only former Consuls could hold either office. 356 BC saw the appointment of the first Plebeian Dictator, and in 339 BC the Plebeians facilitated the passage of a law (the lex Publilia), which required the election of at least one Plebeian Censor for each five year term. In 337 BC, the first Plebeian Praetor (Q. Publilius Philo) was elected. In addition, during these years, the Plebeian Tribunes and the senators grew increasingly close. The senate realized the need to use Plebeian officials to accomplish desired goals, and so to win over the Tribunes, the senators gave the Tribunes a great deal of power, and unsurprisingly, the Tribunes began to feel obligated to the senate. As the Tribunes and the senators grew closer, Plebeian senators were often able to secure the Tribunate for members of their own families. In time, the Tribunate became a stepping stone to higher office.

During the era of the kingdom, the Roman King appointed new senators through a process called lectio senatus, but after the overthrow of the kingdom, the Consuls acquired this power. Around the middle of the 4th century BC, however, the Plebeian Council enacted the "Ovinian Plebiscite" (plebiscitum Ovinium), which gave the power to appoint new senators to the Roman Censors. It also codified a commonplace practice, which all but required the Censor to appoint any newly-elected magistrate to the senate. While this was not an absolute requirement, the language in the law was so strict that the Censors rarely disobeyed it. We don't know what year this law was passed, although it was probably passed between the opening of the Censorship to Plebeians (in 339 BC) and the first known lectio senatus by a Censor (in 312 BC). By this point, Plebeians were already holding a significant number of magisterial offices, and so the number of Plebeian senators probably increased quickly. It was, in all likelihood, simply a matter of time before the Plebeians came to dominate the senate.

Under the new system, newly elected magistrates were awarded with automatic membership in the senate, although it remained difficult for a Plebeian from an unknown family to enter the senate. On the rare occasion that an individual of an unknown family (ignobilis) was elected to high office, it was usually due to the unusual character of that individual, as was the case for both Gaius Marius and Marcus Tullius Cicero. Several factors made it difficult for individuals from unknown families to be elected to high office, in particular the very presence of a long-standing nobility, as this appealed to the deeply-rooted Roman respect for the past. In addition, elections were expensive, neither senators nor magistrates were paid, and the senate often did not reimburse magistrates for expenses associated with their official duties. Therefore, an individual usually had to be independently wealthy before seeking high office. Ultimately, a new Patricio-Plebeian aristocracy (nobilitas) emerged, which replaced the old Patrician nobility. It was the dominance of the long-standing Patrician nobility which ultimately forced the Plebeians to wage their long struggle for political power. The new nobility, however, was fundamentally different from the old nobility. The old nobility existed through the force of law, because only Patricians were allowed to stand for high office, and it was ultimately overthrown after those laws were changed. Now, however, the new nobility existed due to the organization of society, and as such, it could only be overthrown through a revolution.

The Conflict of the Orders was finally coming to an end, since the Plebeians had achieved political equality with the Patricians. A small number of Plebeian families had achieved the same standing that the old aristocratic Patrician families had always had, but these new Plebeian aristocrats were as uninterested in the plight of the average Plebeian as the old Patrician aristocrats had always been. During this time period, the Plebeian plight had been mitigated due to the constant state of war that Rome was in. These wars provided employment, income, and glory for the average Plebeian, and the sense of patriotism that resulted from these wars also eliminated any real threat of Plebeian unrest. The lex Publilia, which had required the election of at least one Plebeian Censor every five years, contained another provision. Before this time, any bill passed by an assembly (either by the Plebeian Council, the Tribal Assembly, or the Century Assembly) could only become a law after the Patrician senators gave their approval. This approval came in the form of an auctoritas patrum ("authority of the fathers" or "authority of the Patrician senators"). The lex Publilia modified this process, requiring the auctoritas patrum to be passed before a law could be voted on by one of the assemblies, rather than after the law had already been voted on. It is not known why, but this modification seems to have made the auctoritas patrum irrelevant.

By 287 BC, the economic condition of the average Plebeian had become poor. The problem appears to have centered around widespread indebtedness, and the Plebeians quickly demanded relief. The senators, most of whom belonged to the creditor class, refused to abide by the demands of the Plebeians, and the result was the final Plebeian secession. The Plebeians seceded to the Janiculum hill, and to end the secession, a Dictator named Quintus Hortensius was appointed. Hortensius, a Plebeian, passed a law called the "Hortensian Law" (lex Hortensia), which ended the requirement that an auctoritas patrum be passed before any bill could be considered by either the Plebeian Council or the Tribal Assembly. The requirement was not changed for the Century Assembly. The Hortensian Law also reaffirmed the principle that an act of the Plebeian Council have the full force of law over both Plebeians and Patricians, which it had originally acquired as early as 449 BC. The importance of the Hortensian Law was in that it removed from the Patrician senators their final check over the Plebeian Council. It should therefore not be viewed as the final triumph of democracy over aristocracy, since, through the Tribunes, the senate could still control the Plebeian Council. Thus, the ultimate significance of this law was in the fact that it robbed the Patricians of their final weapon over the Plebeians. The result was that the ultimate control over the state fell, not onto the shoulders of democracy, but onto the shoulders of the new Patricio-Plebeian aristocracy.