Lex Publilia

Lex Publilia proposed by Publilius Volero, tribunus plebis, and carried after much opposition B.C. 471. It provided ut plebeii magistratus (tribunes and plebeian aediles) tributis comitiis fierent (Liv. 2.56); but this apparently should not be taken to mean that these magistrates had previously been elected in the Comitia Centuriata (as is held by Mommsen, Röm. Tribus, p. 83; Becker-Marquardt, 2.2, 253-260, &c.): the choice had practically been made by the plebs, but in a less organised fashion than became the rule after it had by this statute been definitely assigned to the Comitia in which the plebeians had the preponderance (Schwegler, 26.7: cf. Walter, Geschichte des röm. Rechts, § 44; for another view, see Mommsen, Röm. Geschichte, 2.2). From this time onward, says Dionysius (9.49), up to my own day, the election of tribunes and aediles was made without birds (augural ceremonies) and all the rest of the religious forms in the Comitia Tributa. By the same enactment the number of the tribunes was raised from two to five (Liv. 2.58; Diod. 2.38), and B.C. 454 to ten (Liv. 3.30; Dionys. A. R. 10.30), who were elected in equal proportions from the five classes of the Servian Constitution (Ascon. in Cornel. p. 77): this change was readily acquiesced in and perhaps even suggested by the patricians, who foresaw in the larger number increased chances of disagreement, and were more likely to win over to their own side one of many than one of few plebeian magistrates. Possibly, too, the office of tribune was opened to the patricians, two of whom were tribuni plebis B.C. 448 (Liv. 3.65), though these, according to Mommsen (Röm. Staatsrecht, ii. p. 265), were only coopted members of the Collegium.

We are told by Dionysius (9.43, 44) that when Publicius failed in the first attempt to carry his measure, he added a fresh provision, enabling the Comitia Tributa to discuss and resolve on matters of public importance (cf. Zonaras, 7.17): this was carried along with his earlier proposal, and was of considerable constitutional significance: for it thus became easy for the tribunes to unite the plebeians on any matter on which they had to vote in the Comitia Centuriata, and also to consult them as to the submission of proposals for legislation to the senate: these, if approved, could then be referred in the ordinary way to the centuries, and thereby become genuine enactments of the sovereign populus (V. Max. 2.2, 7; Dionys. A. R. 10.30, 48, 52). For the further history, see PUBLILIAE and PLEBISCITUM