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                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:base="urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1"><body xml:lang="eng" n="urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1"><div type="textpart" subtype="alphabetic_letter" n="P"><div type="textpart" subtype="entry" xml:id="philo-publilius-bio-4" n="philo_publilius_4"><head><label><persName xml:lang="la"><addName full="yes">Philo</addName>,
        <surname full="yes">Publi'lius</surname></persName></label></head><p>3. <persName xml:lang="la"><forename full="yes">Q.</forename><surname full="yes">Publilius</surname><addName full="yes">Philo</addName></persName>, Q. F. Q. N., a distinguished general in the Samnite
      wars, and the author of one of the great reforms in the Roman constitution. He was consul
       <date when-custom="-339">B. C. 339</date>, with Ti. Aemilius Mamercinus, and defeated the Latins,
      over whom he triumphed. In the same year he was appointed dictator by his colleague Aemilius
      Mamercinus, and, as such, proposed the celebrated <hi rend="ital">Publiliae Leges,</hi> which
      abolished the power of the patrician assembly of the curiae, and elevated the plebeians to an
      equality with the patricians for all practical purposes. It would seem that great opposition
      was expected from the patricians, and that Philo was therefore raised to the dictatorship,
      that the proposed reforms might be carried with the authority of the highest magistracy in the
      state. As he could not have been appointed dictator without the sanction of the senate, it has
      been inferred by Niebuhr, with much probability, that the Publilian laws were brought forward
      with the approbation of the senate, which was opposed to the narrow-mindedness of the great
      body of the patricians. According to Livy (<bibl n="Liv. 8.12">8.12</bibl>) there were three
      Publilian laws. The first is said to have enacted "that plebiscita should bind all Quirites"
       (<hi rend="ital">ut plebiscite omnes Quirites tenerent</hi>), which is to the same purpose as
      the subsequent lex Hortensia. Niebuhr, however, supposes that the effect of the lex Publilia
      was to render a senatusconsultum a sufficient confirmation of a plebiscitum, and to make the
      confirmation of the curiae unnecessary; and that the effect of the <hi rend="ital">Lex
       Hortensia</hi> was to render unnecessary even the confirmation of the senate, and to give to
      the tributa comitia complete legislative force (comp. <hi rend="ital">Dict. of Ant. s.v.
       Plebiscitum</hi>). The second law enacted, "ut legum, quae comitiis centuriatis ferrentur,
      ante initum suffragium patres auctores fierent." By <hi rend="ital">patres</hi> Livy here
      means the <hi rend="ital">curiae,</hi> that is, the assembly of the patricians; and
      accordingly this law enacted that the curiae should confirm (<hi rend="ital">auctoresfieri
       ;</hi> comp. <hi rend="ital">Dict. of Ant. s. v. Auctor</hi>) the results of the votes
      respecting all laws brought before the comitia centuriata, previous to the commencement of the
      voting : in other words, the veto of the curiae in the enactment of laws by the centuriae, was
      abolished. The third law enacted that one of the two censors should necessarily be a plebeian;
      and Niebuhr conjectures that there was also a fourth law, which applied the Licinian law to
      the praetorship as well as the consulship, and which provided that in each alternate year the
      praetor should be a plebeian. (Comp. Niebuhr, <hi rend="ital">Hist. of Rome,</hi> vol. iii.
      pp. 146, &amp;c., 154, 418, &amp;c.; Arnold, <hi rend="ital">Hist. of Rome,</hi> vol. ii. p.
      154, &amp;c.)</p><p>In <date when-custom="-337">B. C. 337</date> Philo was the first plebeian praetor ; in <date when-custom="-335">B. C. 335</date> he was magister equitum to the dictator L. Aemilius Mamercinus;
      and in <date when-custom="-332">B. C. 332</date> he was censor with Sp. Postumius Albinus : during
      this censorship the Maecian and Scaptian tribes were added, and the Roman franchise was given
      to the Acerrani. (<bibl n="Liv. 8.15">Liv. 8.15</bibl>_<bibl n="Liv. 8.17">17</bibl>; <bibl n="Vell. 1.14">Vell. 1.14</bibl>.)</p><p>In <date when-custom="-327">B. C. 327</date> Philo was consul a second time, with L. Cornelius
      Lentulus. He was sent against Palaepolis in southern Italy, to which he laid siege ; but as he
      was unable to take the town before the expiration of his year of office, his imperium was
      prolonged, with the title of proconsul, by means of a senatusconsultum and a plebiscitum :
      this is the first instance in Roman history in which a person was invested with proconsular
      power. Philo succeeded in taking Palaepolis in the following year, <date when-custom="-326">B. C.
       326</date>, in consequence of the treachery of two of its chief citizens, Charilaus and
      Nymphius, who enticed the Samnite garrison out of the town, and opened the gates to the
      Romans. Philo obtained a triumph on his return to Rome. (<bibl n="Liv. 8.22">Liv.
       8.22</bibl>-<bibl n="Liv. 8.26">26</bibl>.)</p><p>In <date when-custom="-320">B. C. 320</date> Philo was consul a third time, with L. Papirius
      Cursor. They were elected to the consulship as being two of the most distinguished generals of
      their time, in consequence of the great defeat which the Romans had sustained in the previous
      yearnear Caudium. Both consuls marched into Samnium. Papirius, who had laid siege to Luceria,
      was shut up in his fortified camp by the Samnite army, which had come to the relief of
      Luceria, and was reduced to great extremities. He was, however, relieved from his difficulties
      by the advance of the other army under Philo, who defeated the Samnites and took their camp.
       (<bibl n="Liv. 9.7">Liv. 9.7</bibl>, <bibl n="Liv. 9.13">13</bibl>_<bibl n="Liv. 9.15">15</bibl>; comp. Niebuhr, <hi rend="ital">Hist. of Rome,</hi> vol. iii. p. 224, &amp;c., who
      points out various improbabilities in Livy's account.)</p><p>In <date when-custom="-315">B. C. 315</date> Philo was consul a fourth time, with L. Papirius
      Cursor (Fast. Capit.; <bibl n="Diod. 19.66">Diod. 19.66</bibl>). The consuls of this year are
      not mentioned by Livy, who simply says (9.22) that the new consuls remained at Rome, and that
      the war was conducted by the dictator Q. Fabius.</p></div></div></body></text></TEI>
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