Dating the lex Aquilia. Was Alfred Pernice Wrong?

In 1867, Alfred Pernice proposed to consider the plebeian secession to the Janiculum as the historical event of reference for dating the lex Aquilia. According to Pernice, Aquilius’ plebiscite was enacted shortly after the lex Hortensia (AUC 467, 287 BCE), which granted plebiscites the same legal effect as leges rogatae. Although Pernice’s theory is widely accepted to the point of being referred to as the traditional interpretation, there is significant literature rebutting this view, particularly on the grounds that two Byzantine fragments used in Pernice’s demonstration — namely Theoph. Par. 4.3.15 and Sch. 2-5 Pe ad B. 60.3.1 (BS 3090/25-31) — are not accurate.
Given this scientific controversy, we propose to address the dating of the lex Aquilia through the lens of the conflict between the patricians and the plebeians. To do so, we will first examine the content and trustworthiness of the two aforementioned Byzantine excerpts, which link the approval of the lex Aquilia to a plebeian secession. Next, since these texts mention a conflict between the plebeians and the senate, we will analyse the repercussions of this element on the dating of the lex Aquilia. Finally, drawing on recent scholarly contributions, we will explore the potential benefits that the plebeians might have gained from the approval of this plebiscite.