Roman assemblies
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The first Roman assembly, the Comitia Curiata, was founded during the early kingdom. Its only political role was to elect new kings. Sometimes, the king would submit his decrees to it for ratification. During the early republic, the Comitia Curiata was the only legislative assembly with any power. Shortly after the founding of the republic, however, the Comitia Centuriata and the Comitia Tributa became the predominant legislative assemblies.
Most modern legislative assemblies are bodies consisting of elected representatives. Their members typically propose and debate bills. These modern assemblies use a form of representative democracy. In contrast, the assemblies of the Roman Republic used a form of direct democracy. The assemblies were bodies of ordinary citizens, rather than elected representatives. In this regard, bills voted on (called plebiscites) were similar to modern popular referenda.
After the founding of the empire, the powers of the assemblies were transferred to the senate. When the senate elected magistrates, the results of those elections would be read to the assemblies. Occasionally, the emperor would submit laws to the Comitia Tributa for ratification.
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[edit] Legislative assemblies of the Roman Kingdom
The legislative assemblies of the Roman Kingdom had no real political power. One assembly, the Comitia Curiata, theoretically had some legislative powers.[1] The functions of the other assembly, the Comitia Calata, were purely religious.
[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].
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.
[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. 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 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, the senate would ratify that election.
Two times per month (on the kalends and the nones), this assembly would meet to hear announcements.[4] These announcements usually regarded the calendar.
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 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. However, the rejection of such laws by the assembly would not prevent their enactment.
[edit] Comitia Calata
The Comitia Calata ("Calate Assembly") was the oldest of the Roman assemblies. Very little is known about this assembly. Like the Comitia Curiata, the Comitia Calata was also organized on the basis of the thirty curiae. The purpose of this assembly was to decide various religious matters (such as inaugurating priests and selecting Vestal virgins[7]). The pontifex maximus presided over this assembly.
[edit] 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.[8] The People of Rome expressed their collective will when they gathered into their legislative assemblies.
[edit] Comitia, Concilium, Conventio
There were two types of assembly. The first was the comitia ("committee"). [9] Comitia were assemblies of all citizens (populus Romanus, or "People of Rome").[10] 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).[10] For example, the concilium plebis would be a concilium where plebeians would meet.[11] 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.[9] Ordinary citizens could only speak before a conventio (and not before a comitia or concilium).[12] 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. [13]
[edit] Assembly procedure
A notice would always have to be given several days before the assembly was to actually vote.[14] 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.[13] 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.[15]
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.[16]
[edit] Assembly of the Centuries
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 an assembly for legislative, electoral, and judicial purposes. The Comitia Centuriata ("Century Assembly" or "Army Assembly") was the assembly of the centuries (centuriae).
The president of the Comitia Centuriata was usually either a consul[17] 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[18] in the Comitia Centuriata were divided into three different grades. These were the equites, pedites and unarmed adjuncts.[19][18] The equites (cavalry) were the higher ranking soldiers who fought on horseback. They represented the elite of the army, and thus the officer class.[19] The equites were organized into eighteen centuries.[18]
The 170 centuries of pedites constituted the foot soldiers (infantry) of the Roman army. The pedites were divided into five classes.[18] 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.[20] Each of the five classes was divided evenly between centuries of iuniores (younger soldiers) and seniores (older soldiers).[18]
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.[21] [22]
[edit] Reorganization of the Comitia Centuriata
The Comitia Centuriata had originally been designed by the legendary king Servius Tullius.[18] 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.[23] 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.[24] 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.[23] 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.[25] 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.[26]
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.[27] 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).[27] 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).[28] In addition, it was this assembly that ratified the results of a census.[29]
[edit] Assembly of the Tribes
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".[30]
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[31] 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[17] 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.[32]
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.[33] 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. [34]
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,[31] 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. Tribunes and aediles were, therefore, the elected representatives of the plebeians.[31] Since tribunes would preside over the Concilium Plebis, this assembly was presided over by its own elected representative. Occasionally, a plebeian aedile would preside over this assembly.
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).[35] 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 Patricio-Plebeian Tribal Assembly (Comitia Tributa) consisted of both patricians and plebeians. A curule magistrate, usually a consul[17] or praetor, would preside over this assembly.
The Comitia Tributa elected quaestors, curule aediles, and military tribunes.[36]. It also had the power to try judicial cases. While the Comitia Tributa had the power to enact new laws, it rarely exercised this power.
[edit] Assembly of the Curiae
During the first decades of the republic, the People of Rome were organized into thirty curiae.[37][2][29] The curiae were organized on the basis of the clans (ethnic kinships).[38] 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.[39] 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.[40] 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.[31] It would also pass legislation (plebiscita) which would only apply to the plebeians.
Around the year 471 BC,[31] 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).[39]
[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).[2] 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 would be presided over by a curule magistrate (usually either a consul[17] 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.[29]
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.[29]
The curiae were organized on the basis of clan (or ethnic kinship).[38] 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[2], it would witness wills and ratify adoptions (adrogatio)[2]. It would also inaugurate certain priests, and transfer citizens from patrician class to plebeian class.
[edit] Legislative assemblies of the Roman Empire
During the reign of the second emperor, Tiberius, the powers that had been held by the legislative assemblies (the comitia) were transferred to the senate. The neutering of the comitia had become inevitable due to their decadence. The comitia were decedent for reasons beyond the fact that they were composed of the rabble of Rome. The electors in each of the comitia were ignorant as to the merits of the important questions that were laid before them.[43] In addition, the electors were often willing to sell their votes to the highest bidder.
[edit] Comitia Centuriata
Under the empire, soldiers continued to organize by centuries. However, after the fall of the republic, the centuries lost all of their relevance. The division of the Comitia Centuriata into centuries of seniores (senior soldiers) and iuniores (junior soldiers) continued well into the empire.[44] The classification of centuries on the basis of property ownership continued as well.[44]
Legislation was never submitted to the imperial Comitia Centuriata. After the founding of the empire, all judicial powers that had been held by the republican Comitia Centuriata were transferred to independent jury courts (quaestiones).[44] Under the emperor Tiberius, all electoral powers that had been held by the Comitia Centuriata were transferred to the senate.[44]
After the Comitia Centuriata lost its legislative, judicial, and electoral powers, it had no remaining authority. Now, its only function was to hear the renuntiatio.[44] The renuntiatio was heard after the senate had 'elected' the magistrates. It was a ceremony in which the results of the election were read to the electors. The renuntiatio allowed the emperor to claim that the magistrates had been elected by a sovereign people.
[edit] Comitia Tributa
After the founding of the empire, the tribal divisions of citizens and freedmen continued. The only political purpose of the tribal divisions was such that they better enabled the senate to maintain a list of citizens.[44] Tribal divisions also simplified the process by which grain was distributed.[44]
Any legislation that the emperor submitted to the assemblies for ratification would be submitted to the Comitia Tributa.[44]
Under the emperor Tiberius, the electoral powers of the Comitia Tributa were transferred to the senate. Each year, after the senate had elected the annual magistrates, the Comitia Tributa would hear the renuntiatio.[44] The renuntiatio served the same function in the Comitia Tributa as it served in the Comitia Centuriata.
[edit] Concilium Plebis
The Concilium Plebis did survive the fall of the republic.[44] The Concilium Plebis, however, lost its legislative, judicial and electoral powers to the senate. By virtue of his tribunician powers, the emperor always had absolute control over the Concilius Plebis.[44]
[edit] Comitia Curiata
After the fall of the republic, the Comitia Curiata no longer passed the lex curiata de imperio.[44] This power was transferred to the senate. After the founding of the empire, this assembly continued to consist of thirty lictors. The only two functions of the imperial Comitia Curiata were to witness wills and to ratify adoptions.[44]
[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
- ^ a b c d e Abbott, 18
- ^ a b c d e f g Byrd, 33
- ^ Abbott, 3
- ^ a b c d e Abbott, 19
- ^ Abbott, 14
- ^ Abbott, 15
- ^ Lintott, 49
- ^ 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 c d Polybius, 132
- ^ a b c d e f Cicero, 226
- ^ a b Taylor, 85
- ^ Taylor, 86
- ^ Cicero, 227
- ^ Abbott, 21
- ^ a b Abbott, 75
- ^ Abbott, 74
- ^ Cicero, 226-227
- ^ Taylor, 87
- ^ a b Abbott, 257
- ^ Cicero, 241
- ^ a b c d Taylor, 3, 4
- ^ Abbott, 259
- ^ a b c d e Abbott, 196
- ^ Lintott, 51
- ^ Taylor, 63
- ^ Taylor, 77
- ^ Byrd, 31
- ^ Taylor, 7
- ^ Cicero, 211
- ^ a b Abbott, 250
- ^ a b Abbott, 261
- ^ Cicero, 238-239
- ^ Abbott, 260
- ^ a b Abbott, 253
- ^ Abbott, 278
- ^ a b c d e f g h i j k l m Abbott, 397
[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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