History of the Constitution of the Roman Republic

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The constitutional history of the Roman Republic can be divided into five phases. The first phase began with the revolution which overthrew the monarchy in 510 BC. The final phase ended with the revolution which overthrew the Roman Republic, and thus created the Roman Empire, in 27 BC. Throughout the history of the republic, the constitutional evolution was driven by the struggle between the aristocracy and the ordinary citizens. In the beginning, the aristocracy was made up of a class of citizens called patricians. Each patrician could trace his ancestry to the founding of the city. All other citizens were called plebeians.

During the first phase, the patrician aristocracy dominated the state. It was during this phase that the plebeians began seeking political rights. During the second phase, the plebeians completely overthrew the patrician aristocracy. Thus, it was during these years that the Roman Republic saw the first of its two revolutions. Since the aristocracy could be overthrown simply through alterations to the law, this revolution (unlike the second) was not violent. The third phase saw the emergence of a joint patricio-plebeian aristocracy. The dangerous military situation that Rome was in during these years kept the plebeians from seeking additional reforms.

The fourth phase was triggered when Rome's wars of expansion had ended. Thus, the plebeians now felt free to seek additional reforms. However, since the problems that they were experiencing were now caused by the organization of society, rather than by the organization of the law, peaceful means would no longer be adequate. The final phase began when Julius Caesar crossed the Rubicon River, and ended in the complete overthrow of the republic. This second and final revolution triggered a wholesale reorganization of the constitution, and with it, the emergence of the Roman Empire.

Contents 1 The patrician era: 509 BC to 367 BC 1.1 The executive magistrates 1.2 The senate 1.3 The legislative assemblies 2 The Conflict of the Orders: 367 BC to 287 BC 2.1 The first plebeian magistrates 2.2 Term limits and the first pro-magistrates 2.3 The tribunes and the senate 2.4 The Ovinian law 2.5 The new plebeian aristocracy 2.6 The failure of the Conflict of the Orders 2.7 The lex Hortensia and the end of the Conflict of the Orders 3 The supremacy of the new nobility: 287 BC to 133 BC 3.1 The senate and the legislative assemblies 3.2 The senate and the executive magistracies 3.3 The plebeians and the aristocracy 3.4 The ultimate political consequence of this era 4 From the Gracchi to Caesar: 133 BC to 49 BC 4.1 The tribunate of Tiberius Gracchus 4.2 The tribunate of Gaius Gracchus 4.3 Gaius Marius and the popular party 4.4 Lucius Cornelius Sulla and the aristocratic party 4.4.1 The constitutional reforms of Sulla 4.5 Gnaeus Pompey Magnus and Marcus Licinius Crassus 4.6 The Catilinarian Conspiracy 4.7 The First Triumvirate 4.8 Caesar's first consulship 4.9 The end of the First Triumvirate 5 The period of transition: 49 BC to 29 BC 5.1 Julius Caesar's constitutional reforms 5.1.1 The dictatorship 5.1.2 The consulship 5.1.3 The tribunate 5.1.4 The other magistracies 5.1.5 The senate and the assemblies 5.2 Caesar solidifies his authority 5.3 Caesar's assassination and the Second Triumvirate 6 See also 7 References 8 Notes 9 Further reading 9.1 Primary sources 9.2 Secondary source material

[edit] The patrician era: 509 BC to 367 BC

According to legend, the Roman Kingdom was founded in 753 BC. It was ruled by a succession of seven kings. The last king, Tarquin Superbus, was a tyrant. In 510 BC, Tarquin's son, Sextus Tarquinius, raped a noblewoman named Lucretia. Lucretia, the wife of a senator named Lucius Tarquinius Collatinus, committed suicide as a consequence of the rape. Her rape led to a conspiracy, which quickly drove Tarqiun from the city. With Tarquin's expulsion, the Roman Republic was founded. The chief conspirators, Collatinus and Lucius Junius Brutus, were elected as the first consuls of the Roman Republic. While this story is nothing more than a legend which later Romans created in order to explain their past, it is likely that Rome had been ruled by a series of kings.^[1] The historical monarchy, as the legends suggest, was probably overthrown quickly.

[edit] The executive magistrates

This article is part of the Roman Constitution series.

Roman Senate

Roman Assemblies

Roman Magistrates

History of the Roman Constitution

Constitution of the Roman Kingdom

Senate of the Roman Kingdom

Legislative Assemblies of the Roman Kingdom

Executive Magistrates of the Roman Kingdom

History of the Constitution of the Roman Kingdom

Constitution of the Roman Republic

Senate of the Roman Republic

Legislative Assemblies of the Roman Republic

Executive Magistrates of the Roman Republic

History of the Constitution of the Roman Republic

Constitution of the Roman Empire

Senate of the Roman Empire

Legislative Assemblies of the Roman Empire

Executive Magistrates of the Roman Empire

History of the Constitution of the Roman Empire

Constitution of the Late Roman Empire

History of the Constitution of the Late Roman Empire

The constitutional changes which occurred immediately after the revolution were probably not as extensive as the legends suggest. The most important constitutional change probably concerned the chief executive. Before the revolution, a king (rex) would be elected by the senators (patres or "fathers") for a life term.

Now, two praetores ("leaders") were elected by the citizens for an annual term.^[1] These magistrates would eventually be called "consuls". Each consul would check his colleague, and their limited term in office would open them up to prosecution if they abused the powers of their office. The chief executive was still vested with the same grade of imperium ("command") powers as was the old king. His political powers, when exercised conjointly with his colleague, were no different from those of the old king.^[2] In the immediate aftermath of the revolution, the senate and the assemblies were as powerless as they had been under the monarchy.

In the year 494 BC, the city was at war with two neighboring tribes (the Aequi and the Volsci).^[3] The plebeian soldiers refused to march against the enemy, and instead seceded (secessio) to the Aventine hill. The patricians quickly became desperate to end what was, in effect, a labor strike. The plebeians demanded the right to elect their own officials. The patricians agreed, and the plebeians returned to the battlefield.^[3] The plebeians would call these new officials tribuni plebis ("plebeian tribunes"). They probably took this name from the military officers (tribuni militum, or "military tribunes") who led them during their secession.^[3] The tribunes would have two assistants, called aediles plebi ("plebeian aediles").

During the early years of the republic, the plebeians were not allowed to hold magisterial office. The two offices that they could hold (the tribunate and the aedileship) were not technically magisterial offices, since neither officer was elected by all of the People of Rome. In 445 BC, the plebeians demanded the right to stand for election to the consulship.^[4] The senate, however, resisted these demands. Ultimately, a compromise was reached. The consulship would remain closed to plebeians, but consular imperium would be granted to a select number of military tribunes. These individuals, tribuni militares consulari potestate ("military tribunes with consular powers") would be elected by the Comitia Centuriata. The senate would have the power to veto any such election.^[4] This was the first of many attempts by the plebeians to achieve political equality with the patricians.

Starting around the year 400 BC, a series of wars were fought against several neighboring tribes (in particular the Aequi, the Volsci, the Latins, and the Veii). The disenfranchised plebeians would fight in the army, while the patrician aristocracy would enjoy the fruits of the resulting conquests.^[4]

The plebeians, by now exhausted and bitter, demanded real concessions. So the tribunes C. Licinius Stolo and L. Sextius passed a law in 367 BC, called the lex Satura.^[5] This law primarily dealt with the economic plight of the plebeians. However, it also required the election of at least one plebeian consul each year.

In 443 BC, the censorship was created^[6], and in 366 BC, the praetorship was created. Also in 366 BC, the curule aedileship was created.^[6] The fact that the praetorship and the curule aedileship were only open to patricians was probably a concession given by the plebeians when then consulship was opened to them.^[7]

[edit] The senate

During the years of the monarchy, only patricians (patres or "fathers") were admitted to the senate. The revolution so depleted the ranks of the senate, however, that a group of plebeians were drafted (conscripti) to fill the vacancies. The old senate of patricians (patres) transitioned into a senate of patres et conscripti ("fathers and conscripted men"). These new plebeian senators, however, could neither vote on an auctoritas patrum ("authority of the fathers" or "authority of the patrician senators"), nor be elected interrex.^[2]

[edit] The legislative assemblies

Shortly after the founding of the republic, the Comitia Centuriata became the principle legislative assembly. In the Comitia Centuriata, magistrates were elected, and laws were passed. The Comitia Centuriata was even given the authority to act as a court of appeal. Under the old monarchy, the king could condemn any citizen to death. During his consulship in 509 BC, Publius Valerius Publicola enacted a law, the lex Valeria. This law guaranteed due process rights to every Roman citizen. Any condemned citizen could evoke his right of provocatio, which would appeal the condemnation to the Comitia Centuriata.^[8] Provocatio was a precursor to our own habeas corpus.

Around this time, the plebeians assembled into an informal Plebeian Curiate Assembly. This was the original Concilium Plebis. Since they were organized on the basis of the curiae (and thus by clan), they remained dependent on their patrician patrons. In 471 BC, a law was passed due to the efforts of the tribune Volero Publilius.^[9] This law allowed the plebeians to organize by tribe, rather than by curiae. Thus, the Plebeian Curiate Assembly became the Plebeian Tribal Assembly. With this change, the plebeians became politically independent.^[9]

During the regal period, the king nominated two quaestors to serve as his assistants. After the overthrow of the monarchy, the consuls appointed these two quaestors. However, in 447 BC, Cicero tells us that the quaestors began to be elected by a tribal assembly that was presided over by a magistrate.^[10] It seems as though this was the first instance of a joint Patricio-Plebeian Tribal Assembly. This would have been an enormous gain for the plebeians. While patricians would have been able to vote in a joint assembly, there were never very many patricians in Rome. Thus, most of the electors would have been plebeians. Any magistrate elected by a joint assembly would have had jurisdiction over both plebeians and patricians. Therefore, for the first time, the plebeians seemed to have indirectly acquired authority over patricians.^[10]

Most contemporary accounts of an Assembly of the Tribes refer specifically to the Plebeian Tribal Assembly (the Concilium Plebis). The distinction between the joint Patricio-Plebeian Tribal Assembly (what we now call the "Comitia Tributa") and the Plebeian Tribal Assembly (the "Concilium Plebis") is not well defined in the contemporary accounts. Because of this, the very existence of a joint Patricio-Plebeian Tribal Assembly can only be assumed through indirect evidence, such as can be found in Cicero's account.^[10]

During the fourth century BC, a series of reforms were passed (the legres Valeriae Horatiae or the "laws of the consul Publius Valerius Publicola and the dictator Quintus Hortensius"). The result of these reforms was that any law passed by the Concilium Plebis (the Plebeian Tribal Assembly) would have the full force of law. This gave the tribunes (who presided over the Concilium Plebis) a positive character for the first time. Before these laws were passed, tribunes could only interpose the sacrosanctity of their person (intercessio) to veto acts of the senate, assemblies or magistrates. It was a modification to the Valerian law which first allowed acts of the Concilium Plebis to have the full force of law. Later, the Hortensian law would remove the last check that the senate had over this right.

[edit] The Conflict of the Orders: 367 BC to 287 BC

In the decades following the passage of the Licinio-Sextian laws of 367 BC (which required the election of at least one plebeian consul each year), a series of laws would be passed. These laws would ultimately grant plebeians political equality with patricians.^[11] The patrician era would come to a complete end in 287 BC, with the passage of the Hortensian law.^[11]

The end of this era would also be marked with significant external developments. Up until 295 BC, the Samnites and the Kelts had been Rome's chief rivals. That year, at the Battle of Sentinum, the Romans defeated the combined armies of the Samnites and the Kelts. This battle was followed by the complete submission of both the Samnites and the Kelts to the Romans. As a result, Rome emerged as the unchallenged mistress of Italy.^[11]

[edit] The first plebeian magistrates

After the plebeian aedileship had been created, the patricians created the curule aedileship. At the time, the curule aedileship had only been opened to patricians. However, an unusual agreement was ultimately secured between the plebeians and the patricians. One year, the curule aedileship was to be open to plebeians. The next year, it was only to be open to patricians.^[12] Eventually, however, the plebeians would win full admission to the curule aedileship.

After the consulship had been opened to the plebeians, the plebeians acquired a de facto right to hold both the dictatorship and the censorship (since only former consuls could hold either office). 356 BC saw the appointment of the first plebeian dictator.^[13] In 339 BC, the plebeians facilitated the passage of a law (the lex Publilia), which required the election of at least one plebeian censor for each five year term.^[13]

In 337 BC, the first plebeian praetor (Q. Publilius Philo) was elected.^[13]

[edit] Term limits and the first pro-magistrates

In 342 BC, two significant laws were passed. One of these two laws made it illegal to hold more than one office at any given point in time. The other law required an interval of ten years to pass before any magistrate could seek reelection to any office.^[14]

As a result of these two laws, the military situation quickly became unmanageable. During this time period, Rome was expanding within Italy, and beginning to take steps beyond Italy. As such, it became necessary for military commanders to hold office for several years at a time. This problem was resolved with the creation of the pro-magisterial offices. When an individual's term in office ended, he would be given prorogatio imperii ("prorogued imperium").^[15] In effect, when a magistrate's term ended, his imperium would be extended.^[15] This constitutional device was not in harmony with the underlying genius of the Roman constitution. Its frequent usage would eventually pave the way for the empire.

[edit] The tribunes and the senate

During these years, the tribunes and the senators grew increasingly close.^[15] The senate realized the need to use plebeian officials to accomplish desired goals.^[15] To win over the tribunes, the senators gave the tribunes a great deal of power. For example, the tribunes were allowed to sit with the senators during senate meetings.^[16] Ultimately, the tribunes began to feel obligated to the senate.

As the tribunes and the senators grew closer, plebeian senators were often able to secure the tribunate for members of their own families.^[16] In time, the tribunate would become a stepping stone to higher office.^[16] Eventually, the tribunate became a de facto magistracy.

[edit] The Ovinian law

Around the middle of the fourth century BC, the Concilium Plebis enacted the plebiscitum Ovinium.^[17] During the era of the kingdom, the king appointed new senators (lectio senatus). He could also remove individuals from the senate. During the early republic, the consuls held this power. The Ovinian law, however, gave this power to the censors. It also codified a commonplace practice, which all but required the censor to appoint any newly-elected magistrate to the senate.^[17] While this was not an absolute requirement, the language in the law was so strict that the censors, in effect, rarely disobeyed it.

We don't know what year this law was passed. However, it was probably passed between the opening of the censorship to plebeians (in 339 BC) and the first known lectio senatus by a censor (in 312 BC).^[18] By this point, plebeians were already holding a significant number of magisterial offices. Thus, the number of plebeian senators probably increased quickly.^[18] It was, in all likelihood, simply a matter of time before the plebeians would come to dominate the senate.

[edit] The new plebeian aristocracy

Under the new system, magistrates would be awarded with automatic membership in the senate. However, it remained difficult even for a plebeian to enter the senate, if he wasn't from a political family. On the rare occasion that an individual of an unknown family (ignobilis) was elected to high office, it was usually due to the unusual character of that individual. This was how both Marius and Cicero became senators.^[18]

Several factors made it difficult for individuals from unknown families to be elected to high office. The presence of a long-standing nobility appealed to the deeply-rooted Roman respect for the past.^[18] In addition, neither senators nor magistrates were paid. Elections were expensive, and the senate often would not reimburse magistrates for expenses associated with their official duties. Therefore, an individual usually had to be independently wealthy before seeking high office.^[18]

Ultimately, a new patricio-plebeian aristocracy (nobilitas) emerged.^[18] The new patricio-plebeian nobility replaced the old patrician nobility. It was the dominance of the long-standing patrician nobility which ultimately forced the plebeians to wage their long struggle for political power. The new nobility, however, was fundamentally different from the old nobility.^[19] The old nobility existed through the force of law, because only patricians were allowed to stand for high office. The old nobility was overthrown after those laws were changed. Now, however, the new nobility existed due to the organization of society. As such, only a revolution could overthrow this new nobility.^[19]

[edit] The failure of the Conflict of the Orders

The Conflict of the Orders was finally coming to an end. The plebeians had achieved political equality with the patricians.^[19] However, the plight of the average plebeian had not changed. Now, a small number of plebeian families had achieved the same standing that the old aristocratic patrician families had always had. As such, these new plebeian aristocrats became as uninterested in the plight of the average plebeian as the old patrician aristocrats had always been.^[19]

During this time period, however, the dominant status of the new nobility was not a pressing issue. The plebeian plight had been mitigated due to the constant state of war that Rome was in.^[20] These wars provided employment, income, and glory for the average plebeian. The sense of patriotism that resulted from these wars also eliminated any real threat of plebeian unrest.

[edit] The lex Hortensia and the end of the Conflict of the Orders

The lex Publilia, which had required the election of at least one plebeian censor every five years, contained another provision. Before this time, any bill passed by an assembly (either by the Concilium Plebis, the Comitia Tributa, or the Comitia Centuriata) could only become a law after the patrician senators gave their approval. This approval came in the form of an auctoritas patrum ("authority of the fathers" or "authority of the patrician senators"). The lex Publilia slightly modified this process. It required the auctoritas patrum to be passed before a law could be voted on by one of the assemblies, rather than after the law had already been voted on.^[21] It is not known why, but this modification seems to have made the auctoritas patrum irrelevant.^[22]

By 287 BC, the economic condition of the average plebeian had become poor. The problem appears to have centered around wide-spread indebtedness.^[23] The plebeians demanded relief. The senators, most of whom belonged to the creditor class, refused to abide by the demands of the plebeians. The result was the final plebeian secession. The plebeians seceded to the Janiculum hill. To end the secession, a dictator named Quintus Hortensius was appointed. Hortensius, a plebeian, passed a law called the lex Hortensia. The most significant component of this law was the fact that it ended the requirement that an auctoritas patrum be passed before any bill could be considered by either the Concilium Plebis or the Comitia Tributa.^[23] The requirement was not changed for the Comitia Centuriata.

The lex Hortensia also reaffirmed the principle that any act of the Concilium Plebis (Plebeian Council) would have the full force of law. However, the lex Hortensia was not the first law to require that an act of the Concilium Plebis have the full force of law.^[22] The Concilium Plebis may have acquired this power as early 449 BC, during a modification to the original Valerian law.^[22] The importance of the lex Hortensia was in that it removed from the senate its final check over the Concilium Plebis.^[24]

The lex Hortensia, however, should not be viewed as the final triumph of democracy over aristocracy.^[24] The senate could still control the Concilium Plebis. The collegiality between the tribunes and the senate, for example, was one factor that kept the Concilium Plebis under the senate's control. Thus, the ultimate significance of this law was in the fact that it robbed the patricians of their final weapon over the plebeians. The result was that the ultimate control over the state fell, not onto the shoulders of the democracy, but onto the shoulders of the new patricio-plebeian nobility.^[24]

[edit] The supremacy of the new nobility: 287 BC to 133 BC

The great accomplishment of the lex Hortensia was in that it deprived the patricians of their last weapon over the plebeians. Therefore, the new patricio-plebeian aristocracy (the nobilitas) replaced the old patrician aristocracy. Thus, the last great political question of the earlier era had been resolved. As such, no important political changes would occur between 287 BC and 133 BC.^[25]

This entire era was dominated by foreign wars. These wars eliminated the need to address the flaws in the current political system, since the patriotism of the plebeians suppressed their desire for further reforms. However, this era created new problems, which would begin to be realized near the end of the second century BC. In particular, the nature of Rome's military commanders would change. Roman soldiers of earlier eras would fight short wars, and then return to their farms. Thus, they would come to view their generals as being nothing more than fellow citizen-soldiers. Now, however, wars were becoming longer and of a larger scale. Thus, this period saw a growing affinity between the average citizen and his general.^[26]

[edit] The senate and the legislative assemblies

When the lex Hortensia was enacted into law, Rome theoretically became a democracy (in so far as the landowners were concerned, anyway). In reality, however, Rome remained an oligarchy. The critical laws were still enacted by the senate.^[27] In effect, democracy was satisfied with the possession of power, but did not care to use it.

The senate was supreme during this era because the era was dominated by foreign policy.^[28] In total, upwards of 300,000 citizens were eligible to vote.^[28] Many of these individuals lived a great distance from Rome. Calling them all together in a short period of time would have been impossible. The foreign affairs questions often required quick answers, and only the three-hundred senators were capable of quick action. The questions were also more complex than were the questions of the earlier era. The average citizen was not adequately informed as to these issues.^[28] The senators, in contrast, were usually quite experienced. This became even more of a factor after the passage of the Ovinian law, which filled the senate with experienced former magistrates. In addition, the fact that the senators had income sources that were independent of their political roles made it easier for them to involve themselves in policy questions over extended periods of time.

[edit] The senate and the executive magistracies

The magistrates also submitted themselves to the senate.^[29] Since most senators were former magistrates, the senate became bound together by a strong sense of collegiality. At any given point in time, many of the senate's most senior members were ex-consuls. This facilitated the creation of a bond between the presiding officer (usually a consul) and those senior members. In addition, the consul would always be chosen from senate, and as such he usually held similar ideals as did his fellow senators. When his annual term ended, he would return to their ranks. As such, it was unlikely that he would stand against his fellow senators.

Before the enactment of the Ovinian law, consuls would appoint new senators. After the enactment of the Ovinian law, censors would appoint new senators. As such, the senate became independent of the presiding consul. In addition, the Ovinian law all but required that ex-magistrates be appointed to the senate. Because of this requirement, the process by which censors would appoint new members to the senate became quite objective. This objectivity, in conjunction with the expertise of the ex-magistrates whom the censor would appoint, further enhanced both the competence and the prestige of the senate.

The tribunes, while technically independent, also submitted themselves to the senate. Many of the forces that influenced the other magistrates also influenced the tribunes. In addition, tribunes often held ambition for higher office, and thus had an incentive to maintain collegial relations with the senators.

[edit] The plebeians and the aristocracy

The final decades of this era saw a worsening economic situation for many plebeians.^[30] The long military campaigns had forced citizens to leave their farms. Their farms would then fall into a state of disrepair. This situation was made worse during the Second Punic War, when Hannibal fought the Romans throughout Italy. The Fabian strategy of attrition and guerilla warfare exacerbated this problem.

At first, a small number of farms had fallen into a state of such disrepair that they had to be sold. The landed aristocracy soon began buying these farms at discounted prices. The wars had also brought to Rome a great surplus of inexpensive slave labor. The landed aristocrats were able to buy so many slaves, and so much farm land, that they soon held vast estates.^[30] The result was a rapid decline in commodity prices. As these prices fell, many farmers could no longer operate their farms at a profit.^[30] The result was the ultimate bankruptcy of countless farmers. The cycle became so extreme that masses of unemployed plebeians began to flood into the cities, and especially into Rome.

At the same time, the aristocracy was becoming extremely rich.^[31] Several Italian towns had sided with Hannibal during the Second Punic War. These towns were ultimately punished for their disloyalty. This opened up even more cheap farmland for the aristocrats. With the destruction of Rome's great commercial rival of Carthage, even more opportunities for profit became available. With so many new territories, tax collection (which had always been contracted out to private individuals) also became extremely profitable.^[31]

While the aristocrats spent their time exploiting new opportunities for profit, Rome was conquering new civilizations in the east. These civilizations were highly developed, and as such they opened up a world of luxury to the Romans. Up until this point, most Romans had only known a simple life.^[32] Since both wealth and eastern luxuries had become available at the same time, an era of ruinous decadence followed.^[32] The sums that were spent on these luxuries had no precedent in prior Roman history. Several laws were enacted to stem this tide of decadence. These laws, however, had no practical affect. Attempts by the censors to mitigate this decadence were equally futile.^[32]

[edit] The ultimate political consequence of this era

During this era, the seeds of empire were planted. By the end of this era, Rome had become full of unemployed plebeians. They then began filling the ranks of the assemblies. The fact that they were no longer away from Rome made it easier for them to vote. In the principle legislative assembly, the Concilium Plebis, any individual would vote in the tribe that his ancestors had belonged to. Thus, most of these newly unemployed plebeians belonged to one of the thirty-one rural tribes (out of thirty-five total tribes).

The unemployed plebeians now held so much political power that the Concilium Plebis became highly populist.^[32] These plebeians were often angry with the aristocracy, which further exacerbated the class tensions. Their economic state usually led them to vote for the candidate who offered the most for them, or at least for the candidate whose games or whose bribes were the most magnificent. The fact that they were usually uninformed as to the issues before them didn't matter, because they usually sold their votes to the highest bidder anyway.^[32] Bribery became such a problem that major reforms were ultimately passed, in particular the requirement that all votes be by secret ballot. A new culture of dependency was emerging, which would look to any populist leader for relief.^[33]

[edit] From the Gracchi to Caesar: 133 BC to 49 BC

The prior era saw great military successes, and great economic failures. The patriotism of the plebeians had kept them from seeking any new reforms. Now, the military situation had stabilized, and fewer soldiers were needed. This, in conjunction with the new slaves that were being imported from abroad, inflamed the unemployment situation further. The flood of unemployed citizens to Rome had made the assemblies quite populist. The ultimate result was an increasingly aggressive democracy. This new era would begin with the tribunate of Gaius Gracchus, and end with the installation of Julius Caesar as dictator.

[edit] The tribunate of Tiberius Gracchus

Tiberius Gracchus was elected tribune in 133 BC. He attempted to reenact a clause of the old Licinian law, which had never been enforced. This would have limited the amount of land that any individual could own. The excess land would be reacquired by the state, and then divided amongst the landless citizens. The aristocrats, who stood to lose an enormous amount of money, were bitterly opposed to this proposal.

Tiberius submitted this law to the Concilium Plebis, but the law was vetoed by a tribune named Marcus Octavius. Up until this point, the issue was purely social. After this point, however, the issue became political. Tiberius used the Concilium Plebis to impeach Octavian. The theory, that a representative of the people ceases to be one when he acts against the wishes of the people, was repugnant to the genius of Roman constitutional theory.^[34] If carried to its logical end, this theory would remove all constitutional restraints on the popular will, and put the state under the absolute control of a temporary popular majority. This theory would find its logical end under the future democratic empire of the military populist Julius Caesar.^[34]

The law would be enacted, but Tiberius would be murdered when he stood for reelection to the tribunate. The ten years that followed his death were politically inactive. The only important development was in the growing strength of the democratic opposition to the aristocracy.^[34]

[edit] The tribunate of Gaius Gracchus

Tiberius' brother Gaius was elected tribune in 123 BC. Gaius Gracchus' ultimate goal was to weaken the senate and to strengthen the democratic forces.^[35] Gaius enacted a law which put the equites ("knights", or upper-middle class citizens) on the jury courts instead of the senators. He then passed a grain law which greatly disadvantaged the provincial governors, most of whom were senators and thus who could no longer serve on the jury courts. The knights, on the other hand, stood to profit greatly from these grain reforms. Thus, Gaius turned the most powerful class of non-senators against the senate.^[35]

In the past, the senate would eliminate political rivals either by establishing special judicial commissions or by passing a senatus consultum ultimum ("ultimate decree of the senate"). Both devices would allow the senate to bypass the ordinary due process rights that all citizens had.^[36] Gaius outlawed the judicial commissions, and declared the senatus consultum ultimum to be unconstitutional.

Gaius then proposed a law which would grant citizenship rights to Rome's Italian allies. By this point, however, the selfish democracy of Rome deserted him.^[36] He stood for election to a third term in 121 BC, but was defeated and then murdered. The democracy, however, had finally realized how weak the senate had become.^[36]

[edit] Gaius Marius and the popular party

In 118 BC, the king of the north-African city of Numidia died. The king, Micipsa, was survived by his two natural sons, Adherbal and Hiempsal, and by his adopted son, Jugurtha. Micipsa divided his kingdom between these three sons. Jugurtha, however, had both a ruthless personality and an open purse. It was both Jurgurtha's open purse, as well as the venality and incapacity of the Roman senate, that brought disgrace to the Roman name and defeat to the Roman arms.^[37]

Jugurtha wanted the entire kingdom for himself. He killed Hiempsal, and forced Adherbal to flee to Rome. In 116 BC, a Roman commission was sent to resolve the dispute. The commission was bribed by Jugurtha, and thus gave him most of the kingdom. In 113 BC, Jugurtha cornered Adherbal in the city of Cirta. A second Roman commission was sent and, after being bribed, allowed Jugurtha to take the city. Jugurtha then executed his brother, Adherbal, along with many of the Italians who helped Adherbal defend Cirta. The execution of Italians and Romans forced the Roman senate to declare war on Jugurtha in 112 BC.

The consul Lucius Calpurnius Bestia led an army against Jugurtha but Jugurtha surrendered and was given unusually favorable terms. Bestia was probably bribed. The Roman senate summoned Jugurtha to Rome, but Jugurtha bribed two tribunes, and attempted to have his cousin assassinated. He was expelled from Rome. Two armies were then sent after Jugurtha, but both were defeated. The incompetence and the decadence of the senate were now both on full display. Bestia's legate, Gaius Marius, was elected consul in 107 BC over the objections of the senate. Marius was of a politically unknown family, and brought the war to a quick end. The incompetence of the senate, and the brilliance of Marius, had also been put on full display.^[38] The popular party took full advantage of this opportunity by allying itself with Marius.

[edit] Lucius Cornelius Sulla and the aristocratic party

Several years later, a new power had emerged in Asia. In 88 BC, a Roman army was sent to put down that power, king Mithridates of Pontus. The army, however, was defeated. One of Marius' old quaestors, Lucius Cornelius Sulla, had been elected consul for the year. Sulla was then ordered by the senate to assume command of the war against Mithridates.

Marius, a member of the democratic ("populare") party, had a tribune revoke Sulla's command of the war against Mithridates. Sulla, a member of the aristocratic ("optimate") party, brought his army back to Italy and marched on Rome. Marius fled, and his supporters either fled or were murdered by Sulla. Sulla had become so angry at Marius' tribune that he passed a law that was intended to permanently weaken the tribunate. His law required senatorial authorization before any bill could be brought before the Concilium Plebis.^[39] He then returned to his war against Mithridates. With Sulla gone, the populares under Marius and Lucius Cornelius Cinna soon took control of the city.

The populare record was not one to be proud of.^[39] They had first elected Marius consul before he was even twenty years old, and then reelected him several times without observing the required 10 year interval. They also transgressed democracy by advancing un-elected individuals to magisterial office, and by substituting magisterial edicts for popular legislation.^[40] Sulla soon made peace with Mithridates. In 83 BC, he returned to Rome, overcame all resistance, and captured the city again. Sulla and his supporters then slaughtered most of Marius' supporters. One such supporter, a 17 year old populare (and the son-in-law of Cinna) named Julius Caesar, was ultimately spared.

[edit] The constitutional reforms of Sulla

Sulla, who had observed the violent results of radical populare reforms (in particular those under Marius and Cinna), was naturally conservative. This conservatism was, therefore, more reactionary than it was visionary.^[40] As such, he sought to strengthen the aristocracy, and thus the senate.^[40]

Sulla retained his earlier reforms, which required senate approval before any bill could be submitted to the Concilium Plebis, and which had also restored the old Servian organization to the Comitia Centuriata.^[39] Through the reforms of the Concilium Plebis, tribunes lost the power to initiate legislation. Sulla then prohibited ex-tribunes from ever holding any other office. Now, ambitious individuals would not seek election to the tribunate, since such an election would, in effect, end their political career.^[41] This reform also diminished the importance of the senate's greatest legislative rival.

Sulla then weakened the magisterial offices by increasing the number of magistrates who would be elected in any given year.^[40] This removed the need for the censor to draw up a list of senators, since there were always more than enough former magistrates to fill the senate.^[40]

In addition, he transferred control of the courts from the knights (whom had held control since the Gracchi reforms) to the senators. This, along with the increase in the number of courts, further added to the power that was already held by the senators.^[41]

To reduce the risk that a future leader would amass too much power (as Sulla himself had done), he reaffirmed the requirement that any individual wait for ten years before being reelected to any office. He also established definitively the cursus honorum.^[41] The cursus honorum, which required an individual to reach a certain age and level of experience before running for any particular office, had never before been codified. Sulla then established a system where all consuls and praetors would serve in Rome during their year in office, and then command a provincial army as a governor for the year after they left office.^[41]

Sulla retired in 79 BC, and died a year later. While he thought that he had firmly established aristocratic rule, his own career had illustrated the fatal weaknesses in the constitution. Ultimately, it was the army, and not the senate, which dictated the fortunes of the state.^[42]

[edit] Gnaeus Pompey Magnus and Marcus Licinius Crassus

In 77 BC, the senate sent one of Sulla's former lieutenants, Gnaeus Pompey Magnus, to put down an uprising in Spain. By 71 BC, Pompey returned to Rome after having completed his mission. Around the same time, another of Sulla's former lieutenants, Marcus Licinius Crassus, had just put down a slave revolt in Italy.

Upon their return, Pompey and Crassus found the populare party fiercely attacking Sulla's constitution.^[43] They attempted to forge an agreement with the populare party. If both Pompey and Crassus were elected consul in 70 BC, they would dismantle the more obnoxious components of Sulla's constitution.^[44] The promise of both Pompey and Crassus, aided by the presence of both of their armies outside of the gates of Rome, helped to 'persuade' the populares to elect the two to the consulship.^[44] As soon as they were elected, they dismantled most of Sulla's constitution.^[44]

[edit] The Catilinarian Conspiracy

Around 66 BC, a movement to use constitutional, or at least peaceful, means to address the plight of various classes began.^[45] After several failures, the movement's leaders decided to use any means that were necessary to accomplish their goals. When this shift occurred, the movement lost its timid, judicious, and respectable members.^[46] The only people left in the movement by this point were moral and financial bankrupts, as well as honest fanatics.^[46]

The movement coalesced under an aristocrat named Lucius Sergius Catiline. Catiline wanted to enact a series of radical reforms to help the honest and the dishonest poor.^[46] The movement was based in the town of Faesulae, which was a natural hotbed of agrarian agitation.^[46] The rural malcontents were to advance on Rome,^[47] and be aided by an uprising within the city. After assassinating the consuls and most of the senators, Catiline would be free to enact his reforms.

The conspiracy was set in motion in 63 BC. The consul, Marcus Tullius Cicero, intercepted messages that Catiline had sent in an attempt to recruit more members. The result of this was that the top conspirators in Rome were executed upon the authorization of the senate, and the planned uprising was disrupted. Cicero then sent an army, which cut Catiline's forces to pieces.

The most important result of the Catilinarian conspiracy was that the populare party became discredited.^[47] The prior 70 years had witnessed a gradual erosion in senatorial powers. The violent nature of the conspiracy, in conjunction with the senate's skill in disrupting it, did a great deal to repair the senate's image.^[47]

[edit] The First Triumvirate

In 62 BC, Pompey returned victorious from Asia. The senate, elated by its successes against Catiline,^[48], refused to ratify the arrangements that Pompey had made in Asia. It also refused to grant land to his veterans. Pompey, in effect, became powerless. Thus, when Julius Caesar returned from his governorship in Spain in 61 BC, he found it easy to make an arrangement with Pompey.^[48] Caesar and Pompey, along with Crassus, established a private agreement, known as the First Triumvirate. Under the agreement, Pompey's arrangements in Asia would be ratified, and his soldiers would be given land. Caesar would be elected consul in 59 BC, and then serve as governor of Gaul for five years. Crassus would be promised a future consulship.^[48]

[edit] Caesar's first consulship

Caesar became consul in 59 BC. His colleague, Marcus Calpurnius Bibulus, was an extreme aristocrat.^[48] Caesar submitted the laws that he had promised Pompey to the senate, but the senate rejected these laws. He then submitted these laws to the assemblies. Bibulus attempted to obstruct the enactment of these laws, and so Caesar used violent (and thus illegal) means to ensure the passage of these laws.^[48] Caesar was then given command of four legions, and promised the governorship of three provinces (Cisalpine Gaul, Transalpine Gaul, and Illyricum). This appointment was to begin on March 1, 59 BC (while he was still consul). The appointment itself was probably illegal, since no individual was allowed to hold two offices at once. In addition, the five year length of the appointment was unusually long.

Caesar did not wish to leave the senate in the hands of such unskillful politicians as Pompey and Crassus before he had crushed the spirit of the senate and deprived it of its two most dangerous leaders, Cato and Cicero.^[49] Therefore, he sent Cato on a mission to Cyprus, which was likely to ruin his reputation.^[49] He then facilitated the election of the former patrician Clodius to the tribunate for 58 BC. Clodius was a dangerous demagogue, and a bitter opponent of Cicero.^[49]

Clodius, in preparation for the coming attack on Cicero, secured the passage of several laws.^[49] One law banned the use of the auspices as an obstructive device in the Concilium Plebis. He then enacted a law that made certain "clubs" of a "semi-political nature" (i.e. armed gangs) lawful.^[49] Clodius then passed two laws which banished Cicero, on the grounds that he had deprived several of Catiline's conspirators of their due process (provocatio) rights when he had them executed upon a mere decree of the senate.^[49]

[edit] The end of the First Triumvirate

Pompey and Crassus proved themselves to be as incompetent as Caesar had hoped.^[49] Clodius terrorized the city with his armed gangs. He had agitated Pompey to such a degree that Pompey was able to secure the passage of a law in 57 BC which recalled Cicero from his exile.^[49] This was more of a triumph for the senate than it was for Pompey, however, since Pompey was allied with Caesar. Pompey was so inept^[49] that the senate decided to override him, and rescind the land laws that Caesar had passed in 59 BC for Pompey's veterans.

This forced a renewal of the triumvirate. Pompey and Crassus were promised the consulship in 55 BC, and Caesar's term as governor was extended for five years. Crassus soon left Rome for glory against the Parthians, but would end up getting himself killed, and his army destroyed. Crassus' defeat caused the deaths of countless soldiers. These soldiers, many of whom were highly experienced, would later have been needed by Pompey, when Caesar's term as governor ended. Caesar's daughter, and Pompey's wife, Julia, would then die in childbirth. This event severed the last remaining bound between Pompey and Caesar.

Beginning in the summer of 54 BC, a wave of political corruption and violence swept Rome.^[50] This chaos reached a climax in January of 52 BC, when Clodius was murdered in a gang war. In addition, the civil unrest had caused the calendar to become neglected. The calendar required annual adjustments to prevent its drift relative to any spring equinox. To correct the misalignment of the calendar, an intercalary month was inserted at the end of February of 52 BC. Pompey was elected sole consul for that month. This elevation to extraordinary power was the last straw for Caesar.^[50] And with Crassus dead, Pompey was looking for any excuse to crush Caesar, and establish himself as the master of the state.^[50]

On January 1 of 49 BC, an agent of Caesar named Curio presented an ultimatum to the senate. The ultimatum was rejected, and the senate then passed a resolution which declared that if Caesar did not lay down his arms by July of that year, that he would be acting adversus rem publicam (in effect, declaring him to be an enemy of the republic).^[51] On January 7 of 49 BC, the senate passed a senatus consultum ultimum, which suspended civil government and declared (something analogous to) martial law. Pompey, in effect, was vested with dictatorial powers. Pompey's army, however, was composed largely of untested conscripts. Caesar then crossed the Rubicon with his veteran army, and marched towards Rome. Caesar's rapid advance forced Pompey, the consuls and the senate to abandon Rome for Greece. Caesar then entered the city unopposed.

[edit] The period of transition: 49 BC to 29 BC

The era that began when Julius Caesar crossed the Rubicon in 49 BC, and ended when Octavian returned to Rome after Actium in 29 BC, can be divided into two distinct units. The dividing line between these two units is the assassination of Caesar in March of 44 BC. However, from a constitutional standpoint, there was no clear dividing line between these two periods.^[52] The forces which had supported Pompey during the early part of the first period were allied against Antony and Octavian in 43 BC and 42 BC. The constitutional means through which Caesar held power before his assassination were used by Antony and Octavian to hold power after his assassination. From a constitutional standpoint, it makes no difference whether an autocrat holds the title of dictator (as Caesar had done) or of triumvir (as Antony and Octavian had done).^[52]

From a constitutional perspective, these twenty years form a single unit. The constitutional evolution of the prior century accelerated through this era at a rapid pace. By 29 BC, Rome had completed its transition from being a city-state with a network of dependencies, to being the capital of a world empire.^[52]

[edit] Julius Caesar's constitutional reforms

During his early career, Caesar had seen how chaotic and dysfunctional the Roman Republic had become. The republican machinery had broken down under the weight of imperialism. The central government had become powerless. The provinces had been transformed into independent principalities, under the absolute control of their governors. The army had replaced the constitution as the means of accomplishing political goals. With a weak central government, political corruption had spiraled out of control. And this status quo had been maintained by a corrupt patricio-plebeian aristocracy, which saw no need to change a system which had made them all quite rich.

Between his crossing of the Rubicon River in 49 BC, and his assassination in 44 BC, Caesar established a new constitution. This constitution was intended to accomplish three principal goals.^[53] First, he wanted to suppress all armed resistance out in the provinces, and thus bring order back to the empire. Second, he wanted to create a strong central government in Rome. And finally, he wanted to knit together the entire empire into a single cohesive unit.^[53]

The first goal was accomplished when Caesar defeated Pompey and his supporters.^[53] With their defeat, it was now possible to bring order back to the empire. To accomplish the other two goals, he would need to ensure that his control over the government was undisputed.^[54] The powers which he would give himself would ultimately be used by his imperial successors.^[54] He would assume these powers by increasing his own authority, and by decreasing the authority of Rome's other political institutions. To increase his own powers, he would assume the important magistracies.^[54] He would then take additional powers, in order to solidify his position within the state. To weaken Rome's other political institutions, he would institute several reforms. He would control the process by which candidates were nominated for magisterial elections. He would then appoint his own supporters to the senate. And finally, he would prevent hostile measures from being adopted by the assemblies.^[54]

[edit] The dictatorship

Caesar would hold both the dictatorship and the tribunate, but alternate between the consulship and the proconsulship.^[54] His powers within the state seem to have rested upon these magistracies.^[54] He was first appointed dictator in 49 BC by the praetor (and future triumvir) Marcus Lepidus. He resigned his dictatorship within eleven days. In 48 BC, he was appointed dictator again, only this time for an indefinite period. In 46 BC, he was appointed dictator for ten years, In February of 44 BC (one month before his assassination), he was appointed dictator for life.

The dictatorship of Caesar was fundamentally different from the early dictatorship. He held the office for life, rather than for six months. He held certain judicial powers which ordinary dictators had not had.^[55] Under Caesar, a significant amount of authority had been vested in both the master of the horse, as well as the urban prefect. Under earlier dictators, neither office had held much power.^[55] They held this additional power under Caesar, however, because he was frequently out of Italy.^[55] Earlier dictators, in contrast, were almost never allowed to leave Italy.

[edit] The consulship

In October of 45 BC, Caesar resigned his position as sole consul. He facilitated the election of two successors for the remainder of the year. On the face of it, this restored the ordinary consulship, since the constitution did not recognize a single consul without a colleague.^[56] However, this also set a precedent which Caesar's imperial successors would follow.^[56] Under the empire, consuls would serve for several months, resign, and then the emperor would facilitate the election of successors for the remainder of that consular term. Caesar's actions, therefore, further submitted the consuls to the dictatorial executive.

[edit] The tribunate

In 48 BC, Caesar was given permanent tribunician powers.^[57] This made his person sacrosanct. It also allowed him to veto the senate, and to dominate the Concilium Plebis. Since tribunes were always elected in the Concilium Plebis, he had hoped to prevent the election of tribunes who might oppose him.^[57] On at least one occasion, however, tribunes did attempt to obstruct him. The offending tribunes in this case, C. Epidius Marullus and L. Caesetius Flavus, were brought before the senate, and divested of their office. Thus, Caesar used the same theory of popular sovereignty that Tiberius Gracchus had used against Marcus Octavius in 133 BC.^[57] After the impeachment of these two tribunes, Caesar faced no further opposition from other members of the tribunician college.^[57]

[edit] The other magistracies

In 46 BC, Caesar created and held the title of praefectura morum ("prefect of the morals"). This title was new only in name. In effect, the functions of this office were identical to those of the censorship.^[57] Thus, he could hold censorial powers, while technically not subjecting himself to the same checks that the ordinary censors were subject to. He used this power to fill the senate with his own partisans.

He also set the precedent, which his imperial successors would follow, of requiring the senate to bestow various titles and honors upon him. He was, for example, given the title of "parens patriae" ("father of the fatherland") and "imperator" (an honorary title, not to be confused with the modern title of "emperor").^[55] Coins bore his likeness, and he was given the right to speak first during senate meetings.^[55]

Caesar then increased the number of magistrates who would be elected each year. This created a large pool of experienced magistrates, and allowed Caesar to reward his supporters. This also weakened the power of each individual magistrate, and thus of each magisterial college.^[56]

[edit] The senate and the assemblies

When Caesar returned to Rome in 47 BC, the ranks of the senate had been severely depleted. He appointed many individuals to the senate, and eventually raised its membership to 900.^[56] All of these appointments were of individuals who were personally loyal to him. This robbed the senatorial aristocracy of its prestige, and made it increasingly subservient to him.^[58]

While the assemblies continued to meet, Caesar submitted all candidates to the assemblies for election, and all bills to the assemblies for enactment. Thus, the assemblies became powerless, and were thus unable to oppose him.^[58]

[edit] Caesar solidifies his authority

To minimize the risk that another general might attempt to challenge him^[55], Caesar passed a law which subjected governors to term limits. Governors of praetorial provinces would have to abdicate their office after one year. Governors of consular provinces would have to abdicate their office after two years.^[55]

Near the end of his life, Caesar began to prepare for a war against the Parthian Empire. Since his absence from Rome would limit his ability to install his own consuls, he passed a law which allowed him to appoint all magistrates in 43 BC, and all consuls and tribunes in 42 BC.^[56] This, in effect, transformed the magistrates from being representatives of the people, to being representatives of the dictator.^[56] It also robbed the popular assemblies of much of their remaining influence.^[56]

[edit] Caesar's assassination and the Second Triumvirate

Caesar was assassinated in March of 44 BC. The actual leader of the conspiracy was Gaius Cassius Longinus. The symbolic leader of the conspiracy, however, was Marcus Junius Brutus. It was believed that Lucius Junius Brutus, the senator who overthrew the last king five hundred years before, was Marcus Junius Brutus' ancestor.

The motives of the conspirators were both personal, as well as political.^[53] Many of Caesar's ultimate assassins were jealous of him, and unsatisfied as to the recognition that they had received from him.^[53] Most of the conspirators were senators, and many of them were angry about the fact that he had deprived the senate of much of its power and prestige.^[53] They were also angry that, while they had received few honors, Caesar had been given many honors. There were also rumors that he would make himself king, and transfer the seat of government to Alexandria. The grievances that they held against him were vague.^[53] As such, their plan against him was vague. The fact that their motives were vague, and that they had no idea of what to do after his assassination, both were plainly obvious by the subsequent course of events.^[53]

After his assassination, Mark Antony (who had been Caesar's master of the horse) would form an alliance with Caesar's adopted son and great-nephew, Gaius Octavian. Along with Marcus Lepidus, they would form an alliance known as the Second Triumvirate. They would hold powers that were nearly identical to the powers that Caesar had held under his constitution. As such, the senate and assemblies remained powerless, even after Caesar had been assassinated. The conspirators would be defeated at the Battle of Philippi in 42 BC. Lepidus would become powerless, and Antony would go to Egypt. There, he would seek glory in the east, while Octavian would remain in Rome. Eventually, however, Antony and Octavian would fight against each other in one last battle. Antony would be defeated in the naval Battle of Actium in 31 BC. In 30 BC, Antony would commit suicide. In 29 BC, Octavian would return to Rome, as the unchallenged master of the state. In 27 BC, Octavian would offer to give up the dictatorial powers which he had held since 42 BC. The senate would refuse, and thus ratify his status as the master of the state. He would become the first Roman Emperor, Augustus, and the transition from republic to empire would be complete.

[edit] See also

Roman Kingdom Roman Republic Roman Empire Roman Law Plebeian Council Centuria

Curia Roman consul Praetor Roman censor Quaestor Aedile

Roman Dictator Master of the Horse Senate Cursus honorum Byzantine Senate Pontifex Maximus

Princeps senatus Interrex Procurator Acta Senatus

[edit] References

• Polybius (1823). The General History of Polybius: Translated from the Greek. By Mr. Hampton. Oxford: Printed by W. Baxter. Fifth Edition, Vol 2.
• 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).

[edit] Notes

[edit] Further reading

[edit] Primary sources

• Cicero's De Re Publica, Book Two
• Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius

[edit] Secondary source material

• Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu
• The Roman Constitution to the Time of Cicero
• What a Terrorist Incident in Ancient Rome Can Teach Us

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