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The ''Lex Trebonia'' was a law passed in 448 BC to forbid the
tribunes of the plebs Tribune of the plebs, tribune of the people or plebeian tribune ( la, tribunus plebis) was the first office of the Roman state that was open to the plebeians, and was, throughout the history of the Republic, the most important check on the power o ...
from co-opting colleagues to fill vacant positions. Its purpose was to prevent the
patricians The patricians (from la, patricius, Greek: πατρίκιος) were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after ...
from pressuring the tribunes to appoint colleagues sympathetic to or chosen from the aristocracy. In 451 BC, Rome's traditional
consular A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
government was replaced by a committee of ten senior statesmen, known as the
decemvirs The decemviri or decemvirs (Latin for "ten men") were some of the several 10-man commissions established by the Roman Republic. The most important were those of the two Decemvirates, formally the " decemvirate with consular power for writing ...
, who were tasked with drawing up the complete body of Roman law, based on existing law and tradition, as well as on Greek models reported by a group of Roman envoys who had been sent to study Greek law. Their efforts resulted in the first ten tables of Roman law, but the work was incomplete, and so a second college of decemvirs was appointed for the following year.
Appius Claudius Crassus Appius Claudius Crassus Inregillensis (or Crassinus Regillensis) Sabinus ( 471–451 BC) was a Roman senator during the early Republic, most notable as the leading member of the ten-man board (the Decemvirate) which drew up the Twelve Tables of ...
, who had been consul-elect before the decemvirate, was the only member of the first college to participate in the second, and he ensured that his colleagues for the second year were like-minded and easily dominated by himself. The final two tables of Roman law that they drew up imposed harsh restrictions on the
plebeians In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words " commoners". Both classes were hereditary. Etymology The precise origins of ...
, and forbade the intermarriage of
patricians The patricians (from la, patricius, Greek: πατρίκιος) were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after ...
and plebeians. The decemvirs then continued in office the following year, without calling for new elections. Public resentment of the decemvirs and many of the laws they had promulgated, combined with reports of their corruption, and in some cases tolerance of criminal acts committed by their allies, led to the overthrow of the decemvirate. The tribunes of the plebs passed laws restoring the consular government, and making permanent both the right of appeal and the continuance of their own college. The new consuls then achieved what the decemvirs had failed to accomplish, winning military victories over the Sabines and the
Aequi 300px, Location of the Aequi (Equi) in central Italy, 5th century BC. The Aequi ( grc, Αἴκουοι and Αἴκοι) were an Italic tribe on a stretch of the Apennine Mountains to the east of Latium in central Italy who appear in the early hist ...
, but the
Roman Senate The Roman Senate ( la, Senātus Rōmānus) was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome (traditionally founded in ...
refused them a triumph; the tribunes of the plebs then submitted the matter to a popular vote, and won a triumph for the consuls. Flush with their successes against the aristocracy, the tribunes stood for re-election the following year. Fearful that his colleagues were repeating the mistakes of the decemvirs, the tribune Marcus Duilius, who presided over the election, refused to put their names forward for the election, and as a result only five candidates received enough votes for the office. Duilius then directed them to co-opt five colleagues to serve alongside them, frustrating the ambition of the other tribunes of BC 449. According to Livy, the five elected allowed themselves to be guided by the patricians, to the extent that they chose two patricians to serve as tribunes of the plebs: Aulus Aternius Varus and Spurius Tarpeius Montanus Capitolinus, who had been consuls in 454. One of the plebeian members of the college, Lucius Trebonius, then proposed a law forbidding the co-optation of tribunes, but calling for their election to continue until the full number had been elected. The law was passed, and so effective was Trebonius at frustrating the patricians' designs during his year of office that he earned the surname ''Asper'', meaning "prickly". The Trebonian law was not always strictly enforced. When not enough tribunes were elected in 401 BC, the patricians attempted to have some of their number co-opted to the office. In this they failed, but two plebeians were still chosen as tribunes by co-optation, to the great annoyance of their colleague, Gnaeus Trebonius, whose name was attached to the flouted law.Broughton, vol. I, p. 84.


See also

*
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
* List of Roman laws


References

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Sources

* Titus Livius (
Livy Titus Livius (; 59 BC – AD 17), known in English as Livy ( ), was a Roman historian. He wrote a monumental history of Rome and the Roman people, titled , covering the period from the earliest legends of Rome before the traditional founding in ...
), '' Ab Urbe Condita'' (History of Rome). * T. Robert S. Broughton, ''The Magistrates of the Roman Republic'', American Philological Association (1952). Roman law 448 BC 5th century BC in law