Legislative Assemblies of the Roman Kingdom
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The legislative assemblies of the Roman Kingdom had no real political power. One assembly, the Comitia Curiata, had some legislative powers.[1] However, the legislative powers of this assembly involved nothing more than the right to symbolically ratify any decree that the king choose to submit to it. The functions of the other assembly, the Comitia Calata, were purely religious.
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[edit] Curiae
During the years of the kingdom, the People of Rome were organized on the basis of units called curiae.[1] All of the People of Rome were divided amongst a total of thirty curiae.[1] Membership in an individual curiae was hereditary. These curiae were the basic units of division in the two popular assemblies.[2] Each curiae had an organization similar to that of the early Roman family. They even had their own religious rites and common festivals.[1]
According to legend, the first curiae were founded by the first Roman king, Romulus.[3] They were eventually organized to resemble the ethnic breakdown of Rome during the period of the kingdom and the early republic[2]. Ten curiae were to consist of Latins, ten were to consist of Sabines, and ten were to consist of Etruscans. This structural design was similar to that found in other political structures which originated during the Roman Kingdom. The early Roman senate had a similar breakdown. The early Roman senate came to consist of 100 Latin senators, 100 Sabine senators, and 100 Etruscan senators. In addition, following the reforms of the king Servius Tullius, six centuries of the Roman cavalry (the aristocratic sex suffragia) had a similar organization.
[edit] Comitia Curiata
The Comitia Curiata ("Curiate Assembly") was the only popular assembly with any political significance during the period of the Roman Kingdom.[1] It was organized on the basis of the thirty curiae, and would meet in the comitium.[4] The king would preside over the assembly, and submit decrees to it for ratification.[4] An interrex would preside over this assembly during interim periods between kings (the interregnum). The interrex could also submit his own decrees to this assembly for ratification.[4] The interrex would preside over this assembly as it elected a new king.
[edit] Powers of the Comitia Curiata
Each meeting of this assembly would fall under one of four categories. The assembly might meet to elect a king, to listen to announcements, to hear an appeal, or to vote on legislative matters.[4]
After a king died, the interrex would select a candidate to replace the king.[5] After the nominee received the approval of the senate, the interrex would hold the formal election before the Comitia Curiata. After the Comitia Curiata elected the new king, and the senate ratified that election, the interrex would then preside over the assembly as it voted on the lex curiata de imperio (which would grant the new king imperium powers).[5]
On the kalends (the first day of the month), and the nones (around the fifth day of the month), this assembly would meet to hear announcements.[4] These announcements usually regarded the calendar. Announcements often dealt with matters such as the exact date of a future event (such as the ides) or any upcoming intercalary months.
Appeals heard by this assembly often dealt with questions concerning the gentes ("family").[6] In this respect, the assembly had the powers of a family law court. During two fixed days in the spring, the assembly was scheduled to meet to witness wills and adoptions (adrogatio).[4] All other meetings were held on an "as needed" basis.[4] The assembly also had jurisdiction over the admission of new families (gens) to a curiae ("clan"). This power was called adlectio. During later centuries, the Comitia Curiata would use this power to transfer individuals (such as Publius Clodius Pulcher) from patrician to plebeian status. In addition, this assembly had the power to restore citizenship (restitutio).[4] The assembly would often decide these matters under the presidency of the pontifex maximus.[2]
During the years of the Roman Kingdom, this assembly was the principle legislative assembly (comitia).[1] As such, it was responsible for ratifying laws and (theoretically) electing the king. While the king could enact laws without a ratification by an assembly, he would often choose to submit such laws for ratification.[4] However, the rejection of such laws by the assembly would not prevent their enactment. Sometimes, the Comitia Curiata would reaffirm a king's imperium, or ratify a decision to go to war.[4]
[edit] Comitia Calata
The Comitia Calata ("Calate Assembly") was the oldest of the Roman assemblies. Very little is known about this assembly. The Comitia Calata met on the Capitoline Hill.[7] Like the Comitia Curiata, the Comitia Calata was also organized on the basis of the thirty curiae. The purpose of this assembly was not legislative or legal, but rather religious. The pontifex maximus presided over this assembly. The assembly performed duties such as inaugurating priests and selecting Vestal virgins.[7]
[edit] The assemblies during the transition from monarchy to republic
The legislative assemblies played no substantive role in the legendary events that surrounded the fall of the monarchy, and the establishment of the republic. The events that surrounded the fall of the monarchy illustrated the fact that it was the senate, rather than the popular assemblies, which dominated the process by which new kings were elected. When the last legendary king, Tarquin Superbus, was driven from Rome[8], the senate simply refused to nominate a candidate to succeed Tarquin. The popular assemblies were powerless to override the will of the senate.
According to legend, the powers of the Comitia Curiata were transferred to the Comitia Centriata and the Comitia Tributa during the first decades of the republic. What likely happened, however, was a more gradual transition. However, the assembly probably did fall into powerlessness and disuse during the early republic.
The Comitia Curiata became obsolete because it came to be viewed as antiquated. This was due to the fact that voting rights in the assembly were confined to patricians. In contrast, no citizen was disqualified from voting in either the Comitia Centuriata (where membership could be earned simply by buying property) or the Comitia Tributa (where membership was open to all citizens) simply because they were not patricians.
The Comitia Calata existed long after the fall of the monarchy, but never became any more prominent than it had originally been.
[edit] See also
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[edit] References
- 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.
- Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. London: Edmund Spettigue. Vol. 1.
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).
- 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
- 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)
[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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