Constitution of the Roman Republic/Sardanaphalus

Much of what is known about the Constitution of the Roman Republic comes to us from the Greek historian Polybius. According to Polybius, the Senate was the predominate branch of government.^[1] Polybius noted that it was the consuls who led the armies and the civil government in Rome, while the legislative assemblies had the ultimate authority over elections, legislation and criminal trials. However, since the Senate controlled money, administration and the details of foreign policy, it had the most control over day-to-day life.^[1]

[Same turn of phrase as above; try something different?:] According to Polybius, it was the people and thus the assemblies who were the final arbiter regarding the election of magistrates, the enactment of new laws, the carrying out of capital punishment, the declaration of war and peace, and the creation or dissolution of alliances. Thus, under the Constitution of the Roman Republic, the people, through the assemblies, held the ultimate source of sovereignty.^[2]

The magistrate (magistratus) was the authorized representative of the people. Each magistrate was elected by the People of Rome (populus Romanus). By this definition, plebeian tribunes and plebeian aediles were technically not magistrates^[3] since they were elected by the plebeians, rather than by all of the People of Rome.^[4] Dictators, on the other hand, were magistrates? because they were nominated by consuls elected by the People of Rome.^[4]

1 The Senate
- 1.1 Senatorial powers
- 1.2 Senate procedure
2 Legislative Assemblies
3 Executive Magistrates
4 Roman Constitution Series
5 See also
6 Notes and sources
7 Further reading
8 External links
- 8.1 Primary sources
- 8.2 Secondary source material

[edit] The Senate

Main article: Senate of the Roman Republic

The senator and one-time consul Cicero also believed the senate to be superior to the other branches of government.^[5] Cicero noted that the senate was a self-sustaining and continuous body. The senate's auctoritas ("authority") derived from this self-sustaining trait. All of the senate's powers derived from its auctoritas.^[6]

The senate's auctoritas derived from the esteem and prestige of the senate.^[6] This esteem and prestige was based on both precedent and custom (mos maiorum, or "customs of the ancestors"), as well as the high caliber and prestige of the senators. As the senate was the only political institution that was eternal and continuous (compared to, for example, the consulship, which expired at the end of every yearly term), to only it belonged the dignity of the antique traditions.^[6]

[edit] Senatorial powers

Representation of a sitting of the Roman Senate: Cicero attacks Catilina, from a 19th century fresco

The focus of the Roman senate was directed towards foreign policy. While its role in military conflict was officially advisory, the senate was ultimately the force that oversaw those conflicts. The relationship was effectively one of agency, rather than independence. The consuls would have formal command over the armies. However, the consular command of those armies was directed by the senate.

The senate passed decrees, which were called senatus consultum. This was officially "advice" from the senate to a magistrate. In practice, however, these were usually obeyed by the magistrates.^[7]

Up until 202 BC, a dictator would be appointed during extreme military emergencies. The senate would authorize the consul to nominate a dictator. After the 202 BC, the senate would respond to extreme emergencies by passing the senatus consultum ultimum ("ultimate decree of the senate"). Upon the passage of this decree, civil government would be suspended, and (something analogous to) martial law would be declared.^[8] When this occurred, the consuls would, in effect, have the powers of a dictator.

[edit] Senate procedure

The rules and procedures of the Roman senate were both complex and ancient. Many of these rules and procedures originated in the early years of the republic, and were upheld over the centuries under the principle of mos maiorum ("customs of the ancestors").

[edit] Venue of senate meetings

Meetings could take place either inside or outside of the formal boundary of the city (the pomerium). However, all meetings took place no further than approximately one mile outside of the pomerium^[9]. As long as one was within one mile (1.6 km) of the pomerium, they were inside the political boundary of the city.

The senate was as much a religious institution, as it was a political institution. As such, it operated while under various religious restrictions. Every senate meeting would occur in an inaugurated space (a templum). Before any meeting could begin, a sacrifice to the Gods would be made, and the auspices would be taken. The auspices were taken in order to determine whether that particular senate meeting held favor with the Gods.^[10]

[edit] The presiding officer and senate debates

Meetings usually began at dawn. A magistrate who wished to summon the senate would have to issue an order called a cogere. Usually the presiding magistrate would be either a consul or a praetor. While in session, the senate had the power to act on its own. The presiding magistrate would often begin each meeting with a speech called a verba fecit.^[11] The presiding magistrate would then begin a discussion on an issue. He would refer the issue to the senators, and they would discuss the matter one at a time by order of seniority^[9]. Since all meetings had to end by nightfall^[7], a senator could talk a proposal to death (a filibuster or diem consumere), if they could keep the debate going until nightfall.^[11]

[edit] Procedure, minority rights, and final votes

Unimportant matters could be voted on by a voice vote or a show of hands. However, important votes resulted in a physical division of the house^[9], with senators voting by taking a place on either side of the chamber.

There was an absolute right to free speech in the senate.^[9] During senate sessions, senators had several ways in which they could influence (or frustrate) a presiding magistrate. When a presiding magistrate was proposing a motion, the senators could call consule (consult). This would require that magistrate to ask for the opinions of the senators. The cry of numera would require a count of the senators present (similar to a modern "quorum call"). Any vote would always be between a proposal and its negative.^[12]

Once a vote was held, any motion that passed could be vetoed. Usually, vetoes were handed down by plebeian tribunes.^[13] If the senate proposed a bill that the tribune did not agree with, he would make his displeasure known. If the senate refused to comply with his wishes, the tribune would literally 'interpose the sacrosanctity of his person' (intercessio) to physically prevent the senate from acting. Any resistance against the tribune would be tantamount to a violation of his sacrosanctity, and thus would be considered a capital offense.

Chart showing the checks and balances of the Constitution of the Roman Republic.

Any act that was vetoed was recorded in the annals as a senatus auctoritas. Any motion that was passed and not vetoed would be turned into a final senatus consultum. Each senatus consultum was transcribed into a document by the presiding magistrate. The document was then deposited in the aerarium (treasury).^[7]

If a senatus consultum conflicted with a lex ("law") that was passed by a popular assembly, the lex would override the senatus consultum. A senatus consultum, however, could serve to interpret a lex.^[14]

[edit] Legislative Assemblies

Main article: Legislative Assemblies of the Roman Republic

The importance of the People of Rome in the Roman state can be seen in the symbol of Roman state authority, Senatus Populusque Romanus ("The Senate and the People of Rome", or "SPQR"). This was the stamp of power, authority and approval (political as well as religious) that the Roman legions and their golden eagles marched under as they conquered the Mediterranean world.^[15]

[edit] Comitia, Concilium, Conventio

There were two types of assembly. The first was the comitia ("committee"). ^[16] Comitia were assemblies of all citizens (populus Romanus, or "People of Rome").^[17] Comitia were used for official purposes, such as for the enactment of laws. Acts of a comitia applied to all of the members of that comitia (and thus, of all of the People of Rome).

The second type of assembly was the concilium ("council"). Concilium were forums where specific groups of people would meet for an official purpose (such as to enact a law).^[17] For example, the concilium plebis would be a concilium where plebeians would meet.^[18] Acts of a concilium would only apply to the members of that concilium. This is why, for example, acts of the plebeian concilium (plebiscita) originally applied only to plebeians.

In contrast to the comitia and the concilium, the conventio ("conventions") were unofficial forums for communication. These were simply forums where Romans would meet for specific unofficial purposes, such as to hear a political speech.^[16] Ordinary citizens could only speak before a conventio (and not before a comitia or concilium).^[19] Conventio were simply meetings, rather than any mechanism through which to make legal decisions. As such, the voters would first assemble into conventio to hear speeches, and then into comitia or concilium to actually vote. ^[20]

[edit] Assembly procedure

A notice would always have to be given several days before the assembly was to actually vote.^[21] Before any session could begin, the auspices would have to be taken. This was to ensure that the session had the approval of the Gods. If the auspices were favorable, the magistrate (or tribune, in the case of the Concilium Plebis) would proceed with the day's business.

First, the electors would assemble into a conventio ("convention"). Citizens would not assemble into their respective century, tribe, or curiae while in a conventio. They would stay in their conventio until voting was to begin.^[20] While in the conventio, speeches would be heard, and any bill would be read to the assembly by a herald.

The electors would then be told "discedite, quirites" ("depart to your separate groups"). At this point, the conventio would break apart, and the electors would form into a comitia or a concilium. This would be the point at which they would form into their respective century, tribe, or curiae.

The baskets (cistae) that held the votes were watched by officers known as custodes. The custodes would count (diribitio) the ballots, and report the results to the presiding magistrate. The majority of votes in any century, tribe or curiae would decide how that century, tribe, or curiae voted. Each century, tribe and curiae received exactly one vote. Once a majority of centuries, tribes or curiae voted in the same way on a given measure, the matter would be decided and the electors would be dismissed.^[22]

If the process had not been completed by nightfall, the electors would be dismissed without having reached a decision. The process would have to begin again the next day.^[23]

[edit] Assembly of the Centuries

Roman Dictator Sulla, who attempted to increase the power of the Comitia Centuriata at the expense of the Comitia Tributa

The president of the Comitia Centuriata was usually either a consul or a praetor. Since these magistrates were elected by the Comitia Centuriata, they were considered to be the elected representatives of the Comitia Centuriata. Thus, the Comitia Centuriata was presided over by its own elected representative.

Usually, only consuls would preside over elections. This was because consuls were always elected together with (lower ranking) praetors. The only other magistrate elected by this assembly, the censor, technically outranked the consuls. Censors, however, did not hold imperium, and thus they were never allowed to preside over an assembly.

[edit] Equites, pedites, and unarmed adjuncts

The 193 centuries in the Comitia Centuriata were divided into three different grades. These were the equites, pedites and unarmed adjuncts.^[24] The equites (cavalry) were the higher ranking soldiers who fought on horseback. They represented the elite of the army, and thus the officer class.^[24] The equites were organized into eighteen centuries.

The 170 centuries of pedites constituted the foot soldiers (infantry) of the Roman army. The pedites were divided into five classes. The first class consisted of soldiers with heavy armor. The lower classes consisted of soldiers with successively less armor. The soldiers of the fifth class had nothing more than slings and stones.^[25] Each of the five classes was divided evenly between centuries of iuniores (younger soldiers) and seniores (older soldiers).

The unarmed soldiers were divided into the final five centuries. Four of these centuries were composed of artisans and musicians (such as trumpeters and horn blowers). The fifth century, the proletarii, consisted of soldiers with little or no property.^[26]

[edit] Reorganization of the Comitia Centuriata

The Comitia Centuriata had originally been designed by the legendary king Servius Tullius. Under the Servian design, the assembly was so aristocratic that the equites and the first class of pedites controlled enough centuries for an outright majority. In 241 BC, the assembly was reorganized, and made much more democratic.^[27] Under the old system, there were a total of 193 centuries. Under the new system, there were a total of 373 centuries.

Under the new system, the thirty-five tribes were each divided into ten centuries.^[28] Five of these centuries were of seniores, and five were of iuniores. Of each of these five centuries, one was assigned to one of the five property classes. Therefore, each tribe had two centuries (one of seniores and one of iuniores) in each of the five property classes. In total, this resulted in 350 centuries of pedites. Eighteen centuries of equites, and five centuries of unarmed soldiers were also included in the redesign.^[27] Now, majorities usually could not be reached until the third class of pedites had begun voting.

[edit] Voting procedure and powers of the Comitia Centuriata

The seven classes would vote by order of seniority (first equites, then first class pedites, then second class pedites, then third class pedites, then fourth class pedites, then fifth class pedites and then finally the unarmed centuries). The centuries in each class would vote, one at a time, until the entire class had voted. When a measure received a majority of the vote, voting would end.

According to Cicero, the assembly was deliberately arranged in this way so that the masses would not have much power. According to Livy, the purpose was so that everyone would have a vote, but the "best men" of the state would hold the most power.^[29]

Only the Comitia Centuriata had the power to elect higher magistrates. The Comitia Centuriata would elect magistrates who had imperium powers (consuls and praetors). It also elected censors. After the election, the assembly would swear in the new magistrate.

Only the Comitia Centuriata could declare offensive war. Technically, no other assembly, and not even the senate, could declare offensive war.^[30] The Comitia Centuriata could also pass a law that would grant imperium to consuls and praetors (lex de imperio) and censorial powers to censors (lex potestate de censoria).^[30] While the Comitia Curiata could pass a similar law (lex curiata de imperio), this law had no legal consequence.

The Comitia Centuriata served as the highest court of appeal in certain judicial cases (in particular, cases involving capital punishment). In addition, it was this assembly that ratified the results of a census.^[31]

[edit] Assembly of the Tribes

Gaius Gracchus, tribune of the people, presiding over the Plebeian Council

During the years of the Roman Republic, citizens were organized on the basis of centuries (for military purposes) and tribes (for civil purposes). Each of the two blocks (centuries and tribes) gathered into assemblies for legislative, electoral, and judicial purposes. While the centuries gathered into a single assembly (the Comitia Centuriata), the tribes gathered into two different assemblies. These two assemblies were the Concilium Plebis (the "Plebeian Council") and the Comitia Tributa (the "Tribal Assembly"). In effect, the Concilium Plebis was an "Assembly of the Plebeian Tribes", while the Comitia Tributa was an "Assembly of the Patricio-Plebeian Tribes".^[32]

The only difference between the two assemblies was that patricians could not vote in the Plebeian Tribal Assembly (i.e. the Concilium Plebis). Since patricians were excluded, the Plebeian Tribal Assembly did not constitute the entire populus Romanus ("People of Rome"). Because of this, the Plebeian Tribal Assembly could not elect magistrates. As such, the magistrates had no legal relationship with the Plebeian Tribal Assembly. To address this problem, the Plebeian Tribal Assembly elected their own officers (plebeian tribunes and plebeian aediles). These officers constituted the elected representatives of the plebeians^[3] and thus only they could preside over the Plebeian Tribal Assembly.

The president of the Comitia Tributa (Patricio-Plebeian Tribal Assembly) was usually either a consul or praetor. These magistrates were elected by the People of Rome (both patricians and plebeians) while organized on the basis of the centuries. Thus, while they were not elected by the Comitia Tributa, they were still the representatives of the members of the Comitia Tributa. Thus, the Comitia Tributa was presided over by its own elected representative.

Other than the fact that the Concilium Plebis (Plebeian Tribal Assembly) excluded patricians, and thus was presided over by a plebeian officer, it was identical to the Comitia Tributa (Patricio-Plebeian Tribal Assembly).

The two tribal assemblies were composed of thirty-five blocks known as "tribes" (tribus). The tribes were not ethnic or kinship groups. Tribal divisions were geographical.^[33]

In addition to the presiding magistrate, several additional magistrates would be present during meetings. They served as adjuncts to the presiding magistrate. They were available to help resolve procedural disputes, and to provide a mechanism through which electors could appeal any action taken by the presiding magistrate.^[34] There would also be an augur either in attendance or on-call. Augurs were priests who studied omens (known as "taking the auspices"), and attempted to determine the will of the Gods from those omens.

The order that the thirty-five tribes would vote in was selected randomly by lot. The order was not chosen at once. Instead, after each tribe had voted, a lot was used to determine which tribe would vote next. ^[35]

Once a majority of tribes had voted the same way, voting would end.

[edit] Concilium Plebis (Plebeian Tribal Assembly)

The Concilium Plebis was originally organized on the basis of the curiae. It was, in effect, a Plebeian Curiate Assembly. Around the year 471 BC,^[3] it was reorganized on the basis of the tribes. Thus, it became the Plebeian Tribal Assembly.

This assembly elected two types plebeian officers, the tribunes and the aediles. These two officers were the elected representatives of the plebeians.^[3] Thus, they acted as the presiding officers of this assembly.

Cornelia, mother of the future Gracchi tribunes, pointing to her children as her treasures

Following the passage of the Lex Hortensia in 287 BC, laws passed by the Concilium Plebis (plebiscita) had the full force of law. Before this point, the plebiscita only applied to the class that enacted them (plebeians).^[36] After this point, however, plebiscita applied to all of the People of Rome.

After the passage of the Lex Hortensia, most legislation that was passed came from the Concilium Plebis. Since the Concilium Plebis was composed only of plebeians, it was more populist than the Comitia Tributa. Therefore, it was usually the engine behind the more controversial reforms (such as those of the tribunes Tiberius and Gaius Gracchus).

[edit] Comitia Tributa (Patricio-Plebeian Tribal Assembly)

The Comitia Tributa consisted of both patricians and plebeians. A curule magistrate, usually a consul or praetor, would preside over this assembly.

The Comitia Tributa elected quaestors, curule aediles, and military tribunes.^[37]. It also had the power to try judicial cases. While the Comitia Tributa had the power to enact new laws, it usually did not enact such laws. Ordinarily, the Concilium Plebis would enact news laws.

[edit] Assembly of the Curiae

During the first decades of the republic, the People of Rome were organized into thirty curiae.^[38]^[31] The curiae were organized on the basis of the clans (ethnic kinships).^[39] During this time, neither centuries nor tribes were used for political purposes. The curiae would assemble for legislative, electoral and judicial purposes.

During these first decades, there were two assemblies of the curiae. One of these assemblies, the "Plebeian Curiate Assembly", was composed only of plebeians. This was the original Concilium Plebis. The other of these two assemblies, the "Patricio-Plebeian Curiate Assembly" ("Comitia Curiata"), was composed of both patricians and plebeians.

[edit] Concilium Plebis (Plebeian Curiate Assembly)

The Plebeian Curiate Assembly was the original Concilium Plebis.^[40] The only difference between the Plebeian Curiate Assembly and the Plebeian Tribal Assembly was that the Plebeian Curiate Assembly was composed of plebeians organized by curiae rather than by tribe.

Before the first plebeian secession (in 494 BC), the plebeians probably did gather into an assembly on the basis of the curiae. However, this assembly probably had no political role until the offices of plebeian tribune and plebeian aedile were created in 494 BC. As a result of the plebeian secession, the patrician aristocracy formally recognized the political power of the plebeian tribune. When they legitimized the power of the plebeian tribune, they legitimized the power of the assembly (the Plebeian Curiate Assembly) that the plebeian tribune would preside over.

After 494 BC, the Plebeian Curiate Assembly would always be presided over by a plebeian tribune. This assembly would elect the plebeian tribunes and the plebeian aediles.^[3] It would also pass legislation (plebiscita) that would only apply to the plebeians.

Lictor, painted by Cesare Vecellio

Around the year 471 BC,^[3] the Plebeian Curiate Assembly began to use tribes, rather than curiae, as its basis for organization. When they were organized by curiae (and thus by clan), the plebeians were dependent on their patrician patrons. When they transitioned to a tribal organization (an organization based on geography rather than clan), the plebeians were no longer dependent on those patricians.^[41] As such, the Plebeian Curiate Assembly became the Plebeian Tribal Assembly (what we more commonly know as the Concilium Plebis).^[40]

[edit] Comitia Curiata (Patricio-Plebeian Curiate Assembly)

During the first decades of the republic, consuls (the only magistrates with imperium at the time) would preside over the Patricio-Plebeian Curiate Assembly.^[42] This assembly had the full range of legislative, electoral, and judicial powers. Its laws (lex) applied to all of the People of Rome (patricians and plebeians). While plebeians could participate in this assembly, they could not vote.

Shortly after the founding of the republic, the powers of the Patricio-Plebeian Curiate Assembly were transferred to the Comitia Centuriata and the Comitia Tributa (specifically, the Century Assembly and the Patricio-Plebeian Tribal Assembly).^[38] The Patricio-Plebeian Curiate Assembly then fell into disuse, and became known as the "Comitia Curiata" of the later republic.

The now-obsolete Comitia Curiata was presided over by a curule magistrate (usually either a consul or praetor). Any law passed by the Comitia Curiata could be vetoed by a tribune. In addition, the activity of the assembly could be interfered with by the auspices.^[31]

After it had fallen into disuse, the primary legislative role of the Comitia Curiata was to pass the annual lex curiata de imperio. Theoretically, this was necessary to ratify the election of consuls and praetors by granting them imperium powers. In practice, however, this may have been a ceremonial (and unnecessary) task.^[31]

The curiae were organized on the basis of clan (or ethnic kinship).^[39] Therefore, long after the Comitia Curiata had lost most of its political powers, it retained jurisdiction over clan matters.^[42] Under the presidency of the Pontifex Maximus^[38], it would witness wills and ratify adoptions (adrogatio)^[38]. It would also inaugurate certain priests, and transfer citizens from patrician class to plebeian class.

[edit] Executive Magistrates

Main article: Executive Magistrates of the Roman Republic

Each magistratus was vested with a degree of maior potestas ("major powers").^[4] Magistrates with more maior potestas outranked magistrates with less maior potestas. Dictators had more maior potestas than any other magistrate. After the dictator was the censor, and then the consul, and then the praetor, and then the aedile, and then the quaestor. Each magistrate could only veto an action that was taken by a magistrate with an equal or lower degree of maior potestas. Thus, no magistrate could veto an act of the senate or assemblies (since neither institution possessed any maior potestas).

Since plebeian tribunes and plebeian aediles were technically not magistrates,^[3] they were outside of the maior potestas standard. In general, this made them independent of the other magistrates.^[4] This was the reason they, for example, could not have their actions vetoed by consuls. The tribune did not rely on maior potestas to obstruct (veto) magistrates, assemblies, or the senate. Tribunes relied on the sacrosanctity of their person to obstruct. If a magistrate, an assembly or the senate did not comply with the orders of a tribune, the tribune could 'interpose the sacrosanctity of his person' (intercessio) to physically stop that particular action. Any resistance against the tribune would be tantamount to a violation of his sacrosanctity, and thus would be considered a capital offense.

Any magistrate could obstruct ("veto") an action that was being taken by a magistrate with an equal or lower degree of maior potestas. If this obstruction occurred between two magistrates with equal maior potestas (such as two praetors), then it would be called par potestas.^[43] This form of obstruction wasn't a veto so much as it was a negation of actions. To prevent par potestas, magistrates used a principle of alteration, assigned responsibilities by lot or seniority, or gave certain magistrates control (provinciae) over certain functions.^[44] This was the reason why, for example, each consul would hold the fasces for a month, and then hand the fasces off to his colleague.

If this obstruction occurred against a magistrate with a lower degree of maior potestas (such as a consul acting against a praetor), then it would be called intercessio.^[43] In this instance, the magistrate would interpose his higher maior potestas to obstruct the lower ranking magistrate.

[edit] The powers of the magistrates

The curule chair was a symbol of the power of high ranking magistrates

Each republican magistrate held certain constitutional powers (potestas). Potestas included imperium, coercitio, and auspicia. Potestas was counter-balanced by several constitutional restraints (collega, provocatio, and provincia). Not every magistrate held the same powers, and not every magistrate was subject to the same restraints. Only the Roman People (both plebeians and patricians) had the right to confer potestas on any individual magistrate.^[45]

The most powerful form of potestas was imperium. Imperium was held by both consuls and praetors. Defined narrowly, imperium simply gave a magistrate the authority to command a military force. Defined more broadly, however, imperium gave a magistrate the constitutional authority to issue commands (military, diplomatic, civil, or otherwise). A magistrate's imperium was at its apex while the magistrate was abroad. While the magistrate was in the city of Rome itself, however, he would have to completely surrender his imperium.^[46].

All magistrates had the power of coercitio (coercion). Coercitio was used by magistrates to maintain public order.^[47] While in Rome, all citizens had an absolute protection against coercitio. This protection was called provocatio (see below). Provocatio required an appeal to a tribune. Since no tribune could retain his powers outside of the city of Rome, the power of coercitio outside the city of Rome was absolute.

Magistrates had both the power and the duty to look for omens (auspicia). An omen was an event which was believed to be a sign from the Gods (prodigies). The auspices could be used to obstruct (obnuntiatio) political opponents. By claiming to witness an omen, a magistrate could justify the decision to end a legislative or senate meeting, or the decision to veto a colleague.

[edit] Limitations on magisterial power

Roman magistrates had several checks on their power. Three of these checks were collega, provocatio, and provincia. While a magistrate was in the city of Rome, collega and provocatio were at their apex. While the magistrate was abroad, provincia was the principle check on the power of a magistrate. Magistrates were also checked by limits on the duration of their terms in office.

One check over a magistrate's power was collega (collegiality). Each magisterial office would be held concurrently by at least two people. For example, two consuls always served together. Any magistrate could veto the actions of his colleague.^[48]

Another check over the power of a magistrate was provocatio. Provocatio was a primordial form of due process. It was a precursor to our own habeas corpus. Any citizen in Rome had the absolute right of provocatio. If any magistrate was attempting to use the powers of the state against a citizen (such as to punish that citizen for an alleged crime), that citizen could cry "provoco ad populum". If this were to occur, a tribune would intervene, and had the power to unilaterally rescue that citizen. The magistrate in question could not carry out his action against the citizen until the tribune had made a final decision on the matter.^[49] Provocatio was the check on the magistrate's power of coercitio (coercion).

Pompey, who at age 35, became one of the youngest consuls in history

An additional check over a magistrate's power was that of provincia. Provinicia required a division of responsibilities. For example, individual governors of the provinces would each have supreme command over their province. Under the principle of provincia, these governors could not take their armies into another province.^[50]

Once a magistrate's annual term in office expired, he would have to wait ten years before serving in that office again. Since this did create problems for some magistrates (in particular consuls and praetors), these magistrates would occasionally have their imperium "prorogued" (prorogare). In effect, they would retain the powers of the office (as a promagistrate), without officially holding that office. In practice, they would usually act as provincial governors.^[51]

[edit] Magistrates

By definition, a magistrate (magistratus) was an individual who was elected by the People of Rome (populus Romanus). As such, they were considered to be a representative of all of the People of Rome. Each magistrate was vested with a degree of power (maior potestas).

[edit] Consuls

The consul of the Roman Republic was the highest ranking magistrate^[46]. The supreme power of the consul was a consequence of the fact that no ordinary magistrate held a higher degree of maior potestas than the consul (other than the censor, who did not have imperium). Consuls were elected by the Comitia Centuriata. The consular term would last for one year^[46]. The consul would always serve with another consul as his colleague.

Throughout the year, one consul would be superior in rank to the other consul. To prevent par potestas, this ranking would flip every month, between the two consuls. The consul who was superior in a given month would hold the fasces^[52] and preside over the senate. After a consul left office, he had to wait for ten years before standing for reelection to the consulship.^[53]

Consuls had supreme power in both civil and military matters. While in the city of Rome, the consul was the head of the Roman government. The management of the government would be under the ultimate authority of the consul. The consuls had the ultimate responsibility to enforce laws passed by the legislature^[54] and policies enacted by the senate.^[54] The consul was the chief diplomat, and carried out business with foreign nations. The consul also facilitated interactions between foreign ambassadors and the senate. The consul would usually be the officer who would both convene, and preside over, the Comitia Centuriata and the Comitia Tributa.^[54]

While abroad, the consul had the highest level of ordinary imperium. Upon an order by the senate, the consul would be responsible for raising an army.^[54] While the consuls had supreme military authority, they had to be provided with financial resources by the Roman Senate while they were commanding their armies. Thus, the senate had powers of the purse over the consuls.^[55] While abroad, the consul's authority was absolute in both military and civil matters.

[edit] Praetors

Praetors would administer civil law^[56] and command provincial armies. They were elected by the Comitia Centuriata. When both consuls were away from Rome, the urban praetor would govern the city^[56] as an "interim-consul".

Some praetors (praetor urbanus) helped to manage the central government. They would administer civil law or act as chief judges over the courts. Other praetors (praetor peregrinus) had foreign affairs-related responsibilities. Often these praetors would act as governors of the provinces.^[57]

[edit] Censors

Statue of the censor Marcus Aemilius Lepidus in the City Hall of Reggio Emilia.

The censorship was a magisterial office that had several unique roles. Every five years, two censors would be elected by the Comitia Centuriata for an eighteen month term. After the censors had been elected, the Comitia Centuriata granted the new censors censorial power (through the passage of the lex potestate de censoria).

Censors did not have imperium powers, and they could not convene the senate or legislative assemblies. However, they did have curule chairs, and they theoretically outranked the consuls. Since they had more maior potestas ("major powers") than any other magistrate, their actions could only be vetoed by a fellow censor (or by a tribune). Censors usually did not have to act in unison. However, if a censor wanted to reduce the status of a citizen in a census, he had to act in unison with his colleague.^[58]

During their term in office, the two censors would conduct a census. During the census, they could enroll citizens in the senate, or purge them from the senate.^[59] They could also enroll citizens in the equestrian order.^[59] During the census, the censor would have to update the list of citizens and property in the city. This would require the censor to learn various details about every citizen's life. These investigations sometimes led the censor to take actions against citizens to punish them for various failings. Such failings may have included bankruptcy or cowardice. As punishment, the censor could fine a citizen, or to sell his property.^[59]

Once a census was complete, a purification ceremony known as the lustrum would be performed by a censor. The lustrum was a religious ceremony. The lustrum acted as the certification of the census.^[60]

[edit] Aediles and quaestors

Aediles were officers elected to conduct domestic affairs in Rome. Every year, two curule aediles, and two plebeian aediles were elected. The Comitia Tributa, under the presidency of a higher magistrate (either a consul or praetor), would elect the two curule aediles.^[61] The Concilium Plebis, under the presidency of a tribune, would elect the two plebeian tribunes.

Aediles had wide ranging powers over day-to-day affairs inside the city of Rome. They had the power over markets, and over public games and shows^[36]. They also had the power to repair and preserve temples, sewers and aqueducts.^[62]

The office of quaestor was considered to be the lowest ranking of all major political offices^[36]. The quaestors were elected by the Comitia Tributa.^[36]. They would usually assist the consuls in Rome, and the governors in the provinces. Their duties were often financial.

[edit] Plebeian tribunes and plebeian aediles

Since the plebeian tribunes and plebeian aediles were elected by the plebeians, rather than by all of the People of Rome, they were technically not "magistrates". Even the term magistratus plebeii is technically a contradiction.^[63] The tribunes were elected by the Concilium Plebis. Once a tribune left office, he had to wait for ten years before standing for reelection to the tribunate.^[64]

Since the tribunes were considered to be the embodiment of the plebeians, they were sacrosanct^[13]. Their sacrosanctity was enforced by a pledge, taken by the plebeians, to kill any person who harmed or interfered with a tribune during his term of office. All of the powers of the tribune derived from their sacrosanctity. One obvious consequence of this sacrosanctity was the fact that it was considered a capital offense to harm a tribune, to disregard his veto, or to interfere with a tribune^[13]. Since they were independent of all other magistrates,^[54] they could only have their actions vetoed by fellow tribunes.

Tribunes had the authority to enforce the right of provocatio. This was a theoretical guarantee of due process, and was a precursor to our own habeas corpus. If a magistrate was threatening to take action against a citizen, that citizen could yell "provoco ad populum". If effect, this was an appeal of the magistrate's decision to a tribune. A tribune would have to assess the situation, and give the magistrate his approval before the magistrate could carry out the action. Any action taken in spite of a valid provocatio was on its face illegal.^[65]

Gaius Gracchus flees after the senate passes a senatus consultum ultimum.

Tribunes could use their sacrosanctity to order the use of capital punishment against any person who interfered with their duties^[13]. Tribunes also used their sacrosanctity as protection when physically manhandling an individual, such as when arresting someone.^[66] Tribunes could use this sacrosanctity to physically interpose themselves (intercessio) against a magistrate, the senate, or an assembly. This took the form of a veto.^[67] If a magistrate, the senate, or an assembly refused to abide by a tribune's veto, that tribune could use his sacrosanctity as protection, and physically force compliance.

The sacrosanctity of a tribune (and thus all of his tribunician powers), were only in effect so long as that tribune was within the city of Rome. In addition, tribunes would preside over the Concilium Plebis. Therefore, they had the ability to open and close sessions, and call the council to order. They also had the ability to introduce bills before the council.^[68]

The plebeian tribunes had plebeian aediles as assistants. The plebeian aediles were elected by the Concilium Plebis. These aediles had similar functions as curule aediles, and are discussed above.

[edit] The dictator and the "ultimate decree of the senate"

In times of military emergency, a dictator would be appointed for a term of six months^[69]. Constitutional government would dissolve, and the dictator would become the absolute master of the state. For a dictator to be appointed, the senate would have to pass a senatus consultum, authorizing the consuls to nominate a dictator. Once this occurred, and a dictator was nominated, that dictator took office immediately. The dictator would then appoint a magister equitum ("master of the horse") to serve as his most senior lieutenant^[52]. Often the dictator would resign his office as soon as the matter that caused his appointment was resolved^[69]. When the dictator's term ended, constitutional government was restored.

The last ordinary dictator was appointed in 202 BC. After 202 BC, extreme emergencies were addressed through the passage of the senatus consultum ultimum ("ultimate decree of the senate"). This suspended civil government, and declared (something analogous to) martial law.^[8] It would declare "videant consules ne res publica detrimenti capiat" ("let the consuls see to it that the state suffer no harm"). In effect, the consuls would be vested with dictatorial powers.

There were several reasons for this change. During the third century BC, a series of laws were passed which placed additional checks on the power of the dictator. Also, in 217 BC, a law was passed that gave the popular assemblies the right to nominate dictators. This, in effect, eliminated the monopoly that the aristocracy had over this power.^[8]

History of the Constitution of the Late Roman Empire

[edit] See also

[edit] Notes and sources

[Since these footnotes refer to sources by single name, it might be a good idea to list these sources before them:]

Abbott, Frank Frost (1901).A History and Description of Roman Political Institutions. Elibron Classics (ISBN 0-543-92749-0).
Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23.
Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press (ISBN 0-472-08125-X).
Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).

These footnotes each quite short, so how about some columns?:

^ ^a ^b Lintott, 65.
^ Lintott, 40.
^ ^a ^b ^c ^d ^e ^f ^g Abbott, 196.
^ ^a ^b ^c ^d Abbott, 151.
^ Lintott, 67
^ ^a ^b ^c Byrd, 96
^ ^a ^b ^c Byrd, 44
^ ^a ^b ^c Abbott, 240
^ ^a ^b ^c ^d Byrd, 34
^ Lintott, 72
^ ^a ^b Lintott, 78
^ Lintott, 83
^ ^a ^b ^c ^d Byrd, 23
^ Abbott, 233
^ Byrd, 161
^ ^a ^b Lintott, 42
^ ^a ^b Abbott, 251
^ Lintott, 43
^ Abbott, 252
^ ^a ^b Taylor, 2
^ Lintott, 44
^ Taylor, 40
^ Lintott, 48
^ ^a ^b Taylor, 85
^ Taylor, 86
^ Abbott, 21
^ ^a ^b Abbott, 75
^ Abbott, 74
^ Taylor, 87
^ ^a ^b Abbott, 257
^ ^a ^b ^c ^d Taylor, 3, 4
^ Abbott, 259
^ Lintott, 51
^ Taylor, 63
^ Taylor, 77
^ ^a ^b ^c ^d Byrd, 31
^ Taylor, 7
^ ^a ^b ^c ^d Byrd, 33
^ ^a ^b Abbott, 250
^ ^a ^b Abbott, 261
^ Abbott, 260
^ ^a ^b Abbott, 253
^ ^a ^b Abbott, 154
^ Abbott, 155
^ Lintott, 95
^ ^a ^b ^c Byrd, 20
^ Lintott, 97
^ Lintott, 101
^ Lintott, 94
^ Lintott, 101-102
^ Lintott, 113
^ ^a ^b Byrd, 42
^ Byrd, 110
^ ^a ^b ^c ^d ^e Byrd, 179
^ Lintott, 21.
^ ^a ^b Byrd, 32
^ Lintott, 107-109
^ Lintott, 100
^ ^a ^b ^c Byrd, 26
^ Lintott, 119
^ Lintott, 130
^ Lintott, 129, 130-131
^ Abbott, 152
^ Byrd, 107
^ Lintott, 37
^ Lintott, 123
^ Lintott, 122
^ Lintott, 34
^ ^a ^b Byrd, 24

[edit] Further reading

Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
Mommsen, Theodor. Roman Constitutional Law. 1871-1888
Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
The Histories by Polybius
Cambridge Ancient History, Volumes 9–13.
A. Cameron, The Later Roman Empire, (Fontana Press, 1993).
M. Crawford, The Roman Republic, (Fontana Press, 1978).
E. S. Gruen, "The Last Generation of the Roman Republic" (U California Press, 1974)
F. Millar, The Emperor in the Roman World, (Duckworth, 1977, 1992).
A. Lintott, "The Constitution of the Roman Republic" (Oxford University Press, 1999)

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