User:Thomaschina03/Constitution of the Roman Republic
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The constitution of the Roman Republic or mos maiorum (Latin for "custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent.[1] Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances, the separation of powers, vetoes, filibusters, quorum requirements, term limits, impeachments, the powers of the purse, and regularly scheduled elections. Even some lesser used modern constitutional concepts, such as the bloc voting found in the electoral college of the United States, originate from ideas found in the Roman constitution.
The constitution of the Roman Republic was never formalised, and operating largely on precedent it constantly evolved throughout the life of the republic. Throughout the 1st century BC, the power and efficacy of the Roman constitution was progressively undermined by changes in the political and international landscape. The series of civl wars, which culminated in Gaius Octavian's victory at the Battle of Actium, trampled over many of the constitutional forms of the Republic. Octavian in restoring peace to the Mediterranean, dramatically changed the nature of Roman government, by creating the Principate. This retained many Republican forms, but saw the effective concentration of power into the hands of the emperor.
[edit] History and Origin
The Roman Constitution has its origins in the Roman monarchy which ended with the tyrannical reign of Lucius Tarquinius Superbus. During this period the structure of the Roman state was akin to that of many Greek cities. Power in the state was concentrated effectively and theoretically in the hands of the king. Nevertheless, as in Greek cities, the king's rule as justified because he acted for the benefit of the people of the city. The citizen body, was viewed by later Roman thinkers[2] even at this time as being sovereign.
The assassination of the last king, Lucius Tarquinius Superbus, was justified because as a tyrant he was no longer acting in the interests of the sovereign people of Rome.
The Romans were believed to have suffered under tyranny during the Roman Kingdom. The tyranny lasted throughout the life of the kingdom. This tyranny reached its height during the reign of the final king, Lucius Tarquinius Superbus. Tarquin ruled with violence and terror[3]. He destroyed the altars and shrines on the Tarpeian Rock, which infuriated people throughout the city. He repealed many of the earlier reforms that prior kings had enacted. He was the first king to disregard the advice of the senate. He would act as sole judge over capital cases, and would often execute senators and citizens for little or no reason. He would also order citizens to surrender their land and property to him[3]. His son, Sextus Tarquinius, raped the wife of a patrician senator, named Lucretia[3]. The rape caused a revolt. In 509 BC, the revolt resulted in Lucius Junius Brutus, a partisan of Lucretia's husband, leading an uprising that expelled Tarquin from the city[3]. After Tarquin had been expelled, the senate decided not to elect another king. Instead, they decided to divest all powers of the king into the Roman Senate. And for that first year, both Brutus and Lucretia's widower, Lucius Tarquinius Collatinus, would be consul[3].
In subsequent years, Romans established a complex set of checks and balances, to ensure that Rome would never again suffer under the tyranny that it had lived under when the kings ruled the city[3]. In the early republic, the senate granted most of their powers to the two consuls (then called praetors) during the annual consular term. However, as time went on, more offices were created, with more officers being elected to each office every year. The result was the dilution of early consular power, and the distribution of such power, to more and more individuals. The result was the ultimate reduction in the power that any single individual would hold in any given year.
Because of what happened during these early years, Romans throughout the era of the republic were concerned about what might happen if one person accumulated too much power. Therefore, the Roman constitution relied heavily on mechanisms that would prevent any one person from amassing too much unchecked power. During the two consulships, and the dictatorship of Lucius Cornelius Sulla, laws were passed to strengthen the weakening constitution. Sulla took power away from the popular assemblies, and transferred that power to the senate. During the later years of the republic, struggles between the aristocracy, and all other People of Rome, had caused a systemic weakening of the constitution. This struggle had been greatly exacerbated during the decades leading up to Sulla's dictatorship, due to the constant state of warfare Rome was finding itself in. Sulla was aware that a future tyrant may use popularity with the people, in order to seize complete power. Thus Sulla viewed the senate as the only institution that would stand in the way of such a future tyrant.
The memory of tyranny under the kings lived well into the life of the republic. It was this fear that enforced the constitution of the Roman Republic. But the constitution was unwritten, and no one was ever given the task of enforcing it. Thus, it had power and legitimacy only so long as those in power allowed it to have that power and legitimacy. Towards the end of the 2nd century BC, and into the 1st century BC, the fear of the kings had been replaced by two new fears. Due to longer, and more protracted warfare, executive power was bloating beyond its constitutional limits. Struggles were becoming more violent, between the educated aristocracy, which knew the dangers of tyranny, and the people. The common people were more interested in jobs, and their own livelihood, than they were in abstract constitutional issues. It was this that lead to the rise of Gaius Julius Caesar. Caesar seized power, using the same popular support that Sulla had feared. Sulla's reforms, meant to strengthen the senate, had been dismantled in the years following his death. Caesar's popular support proved too much for the entrenched optimates in the senate. Caesar overpowered the senate, and seized complete power. Caesar was assassinated on the Ides of March, by a Roman who had claimed descent from the senator who had expelled Tarquin.
[edit] The Senate
Under the Constitution of the Roman Republic, the Senate was the chief foreign policy-making branch of Roman government. All magistrates with imperium powers (the power to command armies) answered to the senate. According to the Greek historian Polybius, the senate was the predominate branch of government.[4] Polybius noted that it was the consuls who lead the armies and the civil government in Rome, and it was the legislative assemblies which had the ultimate authority over elections, legislation and criminal trials. However, since the senate controlled money, administration, and the details of foreign policy, it had the most control over day-to-day life.[4]
The senate's place in the republic can be seen by its place 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.[1]
The senator and former-consul Cicero also believed the senate to be superior to the other branches of government.[5] Cicero noted that the senate was a self-sustaining and continuous body. In contrast, all magistrates (other than censors) left office together at the end of each year. Cicero believed this partly because of the senate's ability to set in motion events to replace a consul, if a consul were to leave office. The consuls, on the other hand, typically did not have the power to alter the composition of the senate. Cicero also noted the powers of the office of interrex (interregnum). The office of interrex was an office that could be used to fill vacancies if all curule magistrates (consuls, praetors and dictators) were to leave office.[5]
[edit] History of the Senate
The word senate derives from the Latin word senex, which means "old man". Therefore, senate literally means "board of old men." According to legend, the Roman Senate was founded by Romulus in the year 753 BC[6]. This was the year that he founded the city of Rome, and became its first king. The senate, created to advise Romulus and to aid in the administration of the city,"[1] originally consisted of 100 senators of Latin origin[6].
When the king Numa Pompilius died in 672 BC, the popular assemblies elected Tullus Hostilius king. The senate ratified the election[7]. In 578 BC, Tarquinius Priscus died and Servius Tullius became king following his election by the popular assemblies and confirmation by the senate[3]. In these two instances, Rome displayed some of its first uses of Greek-style checks and balances.
During his reign, Romulus brought the Sabines into the kingdom, following the Rape of the Sabine Women[6]. The king Tarquinius Priscus later enlarged the senate to 200, by adding 100 Sabine senators.[7]. Later, the first consul, Lucius Junius Brutus, enlarged the senate to 300 members, by adding 100 Etruscan senators[3]. At the time, a similar proportional ethnic division existed in both the Comitia Centuriata and the Comitia Curiata (which were the only two major popular assemblies to exist during the early republic). In the case of the senate and the Comitia Centuriata, this ethnic breakdown eroded over time.
The senate continued to consist of 300 members until the final century of the republic, when Lucius Cornelius Sulla increased the membership to 600 around the year 88 BC.[8] Several decades later, Julius Caesar increased the size of the senate to 900.[9] Early in his reign, the Emperor Augustus expelled 200 senators. In 18 BC, he expelled another 100, which brought the size of the senate back down to 600.[10]
Romulus called these senators patres ("fathers"). Many years later, a group of plebeians were drafted into the senate (conscripti). The two terms were merged, and senators would eventually be called Patres et Conscripti (Conscript Fathers, or Fathers and Conscripted Men).
During the years of the kingdom, the senate was primarily responsible for the election of a new king (rex)[11]. Once a king died, the powers of the king would divest into the senate. The senate would then appoint one of its members as the interrex (Latin for interim king). The interrex would serve for five days[11]. At the end of the five days, a new interrex would be appointed. This would continue until a new king was elected. When the interrex found an acceptable nominee, he would present this nominee to the senate. If the senate approved, the interrex would convene the Curiate Assembly (which was the only legislative body at the time with any power) to formally elect the new king[3]. After a religious ceremony, to ensure that the nominee was acceptable to the Gods, the Curiate Assembly would meet again. It would grant imperium powers to the king-elect. This would give the new king the ability to command armies. At this point, the process was complete.
When the last king, Tarquinius Superbus was expelled in 509 BC, the senate decided not to nominate another king[3]. Since the powers of the king had been divested to the senate, the senate decided to retain these powers. The senate elected two leaders, called praetors. These leaders would eventually come to be called consuls. It was at this point that the Roman Republic was born, and the constitution was created. It was also at this point that the Roman senate transitioned from being an advisory body of town elders, to a policy-making body of former magistrates.
In the middle of the fourth century BC, the Lex Ovinia law passed. This law set the rules for senate membership.[5] It required censors to give preference to ex-magistrates when enrolling new senators. It also allowed the censors to appoint new senators. Financial requirements were also set for membership.[12]. One benefit of this law, other than increasing the level of experience of the average senator, was that the appointment of new senators became more objective and standardized. Therefore, it became harder for censors to appoint senators based on personal or partisan biases. It also gave an extra incentive for magistrates to be effective in their offices, because a successful term in office meant that the magistrate would probably be appointed to the senate. In addition, it meant that most senators had been indirectly elected to the senate, since one had to be elected by the people to any magisterial office.
During the early and middle republic, one was not given automatic senate membership upon being elected Plebeian Tribune. However, in 122 BC, the Lex Atinia was enacted by the Plebeian Council. This law required that any person elected Tribune be given automatic membership in the senate. In 81 BC, the dictator Lucius Cornelius Sulla enacted a law that required any person elected quaestor to be given automatic senate membership.[13]
As Rome expanded, new magistrates were needed to serve as governors of the new provinces. To fill these new governorships (as well as their staffs), more magistrates (especially praetors) had to be elected. Over time, the result was more senators with magisterial experience. As a consequence, it became harder for magistrates to ignore the advice of the senate.
[edit] Senatorial Powers
- See also: Auctoritas
The source of the senate's power was its auctoritas (Latin for "authority").[14] This was different from the source of the power of the consuls or praetors (imperium), the tribunes (their sacrosanctity) or the assemblies (the sovereignty of the People of Rome). The senate's auctoritas included religious authority, as well as constitutional and legal authority. Whereas imperium was the power to give commands, and sacrosanctity derived from being a representative of the People of Rome, in practice auctoritas derived from the esteem and prestige of the senate.[14] This esteem and prestige was based on both precedent and custom (mos maiorum), as well as the high caliber and prestige of the senators. As the senate was the only political institution that was eternal and continuous (compared to, for example, the consuls, whose terms expired at the end of every year), to only it belonged the dignity of the antique traditions.[14] As Cicero notes, only the senate was considered to have had an unbroken lineage, going back to the very founding of the republic.[5] All powers of the senate derived from its auctoritas.
The focus of the Roman senate was directed towards foreign policy. While its role in military conflict was officially advisory, the senate was ultimately the force that conducted those conflicts. The relationship was effectively one of agency, rather than independence. The consuls would have formal command over the armies. However, the consular command of those armies was directed by the senate.
In addition, the senate sent and received foreign ambassadors, and appointed provincial governors[15]. It appointed officials to manage the public lands, and it oversaw the religious institutions. The senate had complete power over the treasury, and thus only it could appropriate government funds[15]. Since the senate funded the operations of the magistrates, magistrates could only launch wars when the senate provided funding. And since a Triumph required the expenditure of money, only the senate could authorize payment for a Triumph.[16] The senate also decided criminal cases involving treason, conspiracy or assassination.[15] Each senatus consultum included the name of the presiding magistrate, the place of the assembly, the dates involved, the number of senators who were present at time the motion was passed, the names of witnesses to the drafting of the motion, and the substance of the act. In addition, it included the capital letter "C", to indicate that it had been approved by the senate. The document was then deposited in the aerarium (treasury).[17]
At the end of each consular term, the lame duck consuls would have to give an accounting of their administration to both the senate and people.[18]
While the senate could influence the enactment of laws, it did not formally make those laws. The assemblies, which were considered the embodiment of the People of Rome, made domestic laws which governed the people.
[edit] Senate Procedure
Every senate meeting would occur in an inaugurated space (a templum). Before any meeting could begin, a sacrifice to the Gods would be made, and the auspices would be taken. The auspices were taken in order to determine whether that particular senate meeting held favor with the Gods.[19]
In the later years of the republic, attempts were made by the aristocracy to limit the democratic impulses of some of the senators. Laws were enacted to prevent the inclusion of extraneous matters in acts before the senate. In addition, omnibus bills were outlawed.[20] Omnibus bills are bills with a large volume of often unrelated material, which is enacted by a single vote. Today, the United States Senate has similar rules, which are called the "Byrd Rules". Laws were also enacted to strengthen the requirement that three days pass between the proposal of a bill, and the vote on that bill.[20] The United States Senate, in contrast, requires two days between a the proposal of a bill, and the vote on that bill.[20]
During his dictatorship, Julius Caesar enacted laws that required the publication of resolutions. This publication, called the acta diurna, or "daily doings", was meant to increase transparency and minimize the potential for abuse.[21] This was similar to the Congressional Record of the United States Congress. This publication would be posted in the Roman Forum. From these postings, copies would be transcribed, and sent by messengers throughout Italy and the outer provinces.[21]
[edit] Venue of Senate Meetings
Meetings could take place either inside or outside of the formal boundary of the city (the pomerium). However, all meetings took place no further than approximately one mile outside of the pomerium[15]. As long as one was within one mile (1.6 km) of the pomerium, they were inside the political boundary of the city. Senate meetings could take place outside the pomerium for several reasons. The senate might wish to meet with a magistrate (such as a consul) with imperium. By meeting outside of the pomerium, that magistrate would not have to surrender his imperium by entering the city. In addition, the senate might wish to meet with an individual (such as a foreign ambassador) whom they did not wish to allow inside the city.[22]
There was not a fixed "senate house", where meetings typically took place. There were many venues where those meetings could take place. At the beginning of the consular year, the first meeting would always take place at the temple of Jupiter Capitolinus. Other venues could include the temple of Fides (which was the site of the meeting before the murder of Tiberius Gracchus) or the temple of Concord.[19] Meetings outside of the pomerium could take place in venues such as the temples of Bellona or Apollo.
[edit] The Presiding Officer and Senate Debates
Meetings usually began at dawn. Occasionally, events (such as festivals) could delay the beginning of a meeting. A magistrate who wished to summon the senate would have to issue an order called a cogere. A cogere was generally compulsorily, and senators could be punished if they failed to appear without reasonable cause. Mark Antony, for example, once threatened to demolish the house of Cicero for this very reason.[23]
In general, the senate was directed by the presiding magistrate. Usually the presiding magistrate would be either a consul or a praetor. If both the consulship and the praetorship were vacant, an interrex would preside. An interrex had full consular imperium, and was attended by twelve lictors (as were the consuls). However, he had to be both a senator and a patrician, and the term in office always expired after five days.[11] By the later republic, tribunes could also preside over the senate.[15]
While in session, the senate had the power to act on its own (even against the will of that magistrate) if it wished. The presiding magistrate would often begin each meeting with a speech called a verba fecit.[24] Often this opening speech was brief, but it could be a lengthy oration if the magistrate wished it to be. The presiding magistrate would then begin a discussion on an issue. He would refer the issue to the senators, and they would discuss the matter one at a time by order of seniority[15]. The first to speak was usually the princeps senatus (the most senior senator)[15]. Then, other consulares (ex-consuls) would speak, one after the other. After all consulares spoke, the praetors and ex-praetors would speak. This would continue, until the most junior senators had spoken[15]. A senator could make a brief statement, discuss the matter in detail, or talk about an unrelated topic. All senators had to speak before a vote could be held. Since all meetings had to end by nightfall[17], a senator could talk a proposal to death (a filibuster or diem consumere), if they could keep the debate going until nightfall.[24]
Acts such as applause, booing or heckling would often play a major role in a debate. Any senator could respond at any point if they were attacked personally. The senate meetings were technically public[15]. This was because the doors were left open, which allowed people to look in. Once debates were underway, they were usually difficult for the presiding magistrate to control. The presiding magistrate typically only regained (partial) control once the debating had ended, and a vote was about to be taken.[25]
[edit] Procedure, Minority Rights, and Final Votes
Quorums were required for the senate to operate. It is known that in 67 BC, the size of a quorum was set at 200 senators by the lex Cornelia de privilegiis. If a quorum existed, then a vote could be held. Unimportant matters could be voted on by a voice vote or a show of hands. However, important votes resulted in a physical division of the house[15], with senators voting by taking a place on either side of the house.
Throughout the history of the republic, until the reign of Augustus, there was an absolute right to free speech in the senate.[15]
Senators had several ways in which they could influence (or frustrate) a presiding magistrate. When a magistrate was proposing a motion, the senators could call consule (consult). This would require that magistrate to ask for the opinions of the senators. The cry of numera would require a count of the senators present (similar to a modern "quorum call"). As with modern quorum calls, this was usually a delaying tactic. Senators could also demand that a motion be divided into smaller motions. When it was time to call a vote, the presiding magistrate could bring up whatever proposals (in whatever order) he wished. The vote was always between a proposal and its negative.[26]
Once a vote was held, any motion that passed could be vetoed (intercessio). Usually, vetoes were handed down by Tribunes. However, in a couple of instances between the end of the Second Punic War and the beginning of the Social War, a consul vetoed an act of the senate. Any act that was vetoed was recorded in the annals as a senatus auctoritas. Any motion that was passed and not vetoed would be turned into a final senatus consultum. These final versions were usually written by the presiding magistrate, sometimes with the help of a few low-ranking senators.[27]
[edit] Ethical Standards of Senators
There were several limitations on personal activities by senators. Since they were not paid,[28] individuals would usually seek to become a senator only if they were independently wealthy. Senators could not engage in banking or any form of public contract. They could not own a ship that was large enough to participate in foreign commerce.[15] They also could not leave Italy without permission from the senate. This is similar to rule VI of the standing rules of the U.S. Senate, which states that any U.S. Senator who wishes to take any leave of absence must get permission from the Senate first.[15]
Censors were the magistrates who enforced the ethical standards of the senate. Whenever a censor punished a senator, they had to allege some specific failing. Possible reasons for punishing a member included corruption, abuse of capital punishment, or the disregard of a colleague's veto, constitutional precedent, or the auspices. Senators who failed to obey various laws could also be punished. While punishment could include expulsion from the senate, often a punishment would be less severe than outright expulsion. While the standard was high for expelling a member from the senate, it was easier to deny a citizen the right to join the senate. Various moral failings could result in one not being allowed to join the senate. Examples would include bankruptcy, prostitution, or a prior history of having been a gladiator. The lex repetundarum of 123 BC made it illegal for a citizen to become a senator if they had been convicted of a criminal offense. [8]
[edit] Religious Significance
- See also: Roman religion, Roman gods, and Auspices
The senate was as much a religious institution, as it was a political institution. When Gaius Octavius became the first Roman Emperor, the senate named him Augustus. Like the senate itself, this name had important religious significance. The word meant venerable, and had the same root as the word Augur. The Augurs were religious officials, who would study natural occurrences (called taking the auspices), in order to determine the will of the Gods.
The senate operated while under various religious restrictions. The senate was only allowed to meet in a building of religious significance, such as the Curia Hostilia. Any meetings on New Year's Day would be held in the temple of Jupiter Optimus Maximus. Any war meetings would be held in the temple of Bellona. Sessions could only be held between sunrise and sunset[17]. In addition, a prayer and a sacrifice, were typically made before the beginning of a session. An augur would take the auspices, to ensure that the session had the approval of the Gods.
The senate also had the ability to deify people. After their deaths, the senate declared both Julius Caesar and Augustus to be divine (the act of making Caesar a God literally made his adopted son, Augustus, the "Son of a God").
[edit] The Decline of the Senate
During his two consulships and his dictatorship, Lucius Cornelius Sulla attempted to strengthen the senate. This was done so that the senate could stop a future general with popular support from seizing complete power. Most of his reforms were dismantled after he died in 79 BC. Following the sacking of the port of Ostia several years after Sulla's death, the senate gave powers to Pompey Magnus that typically only belonged to a dictator [1]. This furthered the weakening of the grip that the senate had over the republic.
When Julius Caesar attempted to seize power, the senate was the only institution standing in his way. He eventually won the power struggle, but was assassinated shortly after. When his adopted son and heir, the emperor Augustus, became the undisputed ruler of Rome, the senate abdicated all of its powers to Augustus. When Augustus died in 14 AD, through his will he passed these powers to his adopted son and heir, Tiberius. The senate simply acquiesced to this transfer.
From this point on, the emperor held all of the power that had been held by the senate, legislative assemblies, and executive magistrates. The senate had ceased to be relevant. From this point, until the fall of the Roman Empire in 476 AD, the senate was little more than an advisory council to the emperor, with no real power. Often the senate ratified the decision to install a new emperor, but this act was purely symbolic. Sometimes, an emperor would be chosen from the ranks of the senate. But after the acquiescence of 14 AD, the senate forever lost its relevance and its power.
[edit] The legislative branch
According to the contemporary historian Polybius, it was the people (and thus the assemblies) who had the final say regarding the election of magistrates, the enactment of new laws, the carrying out of capital punishment, the declaration of war and peace, and the creation (or dissolution) of alliances. The people (and thus the assemblies) held the ultimate source of sovereignty.[29] One can view the Roman legislative branch as being composed of two major popular assemblies, and two minor assemblies that declined in importance in the early republic.
While one can speak of a "legislative branch" of the Roman Republic, the "legislative branch" (like everything else in the unwritten Roman Constitution) existed de facto.[30] One can speak of two primary legislative assemblies, and as a rough approximation, this is a correct interpretation. One can speak of two minor legislative assemblies, and as a rough approximation, this is also a correct interpretation. However, unlike modern legislative assemblies, the Roman assemblies never exited as de jure legal institutions. They only existed because magistrates called the citizens to a common meeting place, presented a matter to be voted upon, and held a vote. As described below (see the discussion on the Comitia, Contio, and Concilium), there were many ways that groups of citizens could organize themselves for various purposes. Thus, one should not assume that any particular Roman assembly (not even a "major" assembly) was more formal or fixed into existence than it truly was.
[edit] History of the Roman Assemblies
Originally, the Comitia Curiata was the only legislative assembly. It was founded during the early years of the Roman Kingdom. It passed all laws, and ratified the election of new kings. According to legend, the Comitia Centuriata was founded by the sixth king, Servius Tullius. The Comitia Curiata fell into disuse during the early years of the Roman Republic.
The basic organizational structure of Roman citizens, and thus of the assemblies, was based on three types of units. The oldest unit was the curiae, which was based on ethnic clans. The next type was the centuriae, which was based on the same organizational structure that was found in the Roman army around the time of the creation of the civil centuriae. The last unit that was created was the tribus, or "tribe". These were based on a person's geographical location, similar to modern congressional districts in the United States. [31]
[edit] History of the Comitia Centuriata
At its founding, the Comitia Centuriata mirrored the Roman Army. During this period, citizens fought in militias, where they provided their own weapons and supplies. As such, the more money and property a citizen had, the more responsibilities they would be given as a soldier. And since the Comitia Centuriata was originally designed to mirror the Roman Army, the assembly ultimately became based on property classifications. Just as was the case in the early Roman Army, those who had more money and property had more responsibility and power in this assembly.[32] The result was that the soldiers with more money and property, while fewer in number, actually made up close to a majority of the centuries. And since these higher-ranking centuries always voted before the lower-ranking centuries, the decisions of the assembly tended to reflect the will of the nobility, rather than the common people.
[edit] History of the Comitia Tributa
The first tribes were created by the king Servius Tullius for purposes of the census, the levying of troops, and the collection of taxes. [33] The tribes were organized into a comitia for voting around 495 BC. In 471 BC, the election of plebeian magistrates (including Tribunes) was transfered from the Comitia Curiata to the Comitia Tributa. [34] At that point, the Comitia Tributa consisted of four urban tribes and seventeen rural tribes. In 241 BC, another fourteen rural tribes were added, to help adjust the assembly for the increased population of the republic. The final two new tribes, the Velina and Quirina, increased the total number of tribes to thirty-five. The fourteen new tribes corresponded to people who lived well beyond the city of Rome (the seventeen original rural tribes corresponded to people who lived in rural districts near the city of Rome). While attempts were made in later years (in particular, around the time of the Social War) to expand the number of tribes, the numbers were never again permanently increased.[35] Due to the fact that it was easier to gather thirty-five tribes into a single place than 193 centuries, it was the Comitia Tributa that ultimately passed most laws.
[edit] Major Laws
- See also: Roman Law and List of Roman laws
Cicero mentions a law that was passed, probably after the controversial consular election of Curius Dentatus in 274 BC, called the lex Maenia. The law repealed the authority of the senate to veto election results.[36] In 287 BC, abuses by creditors led to the last plebeian secession. The dictator Quintus Hortensius ended the secession by enacting a series of laws. The most important of these laws, the lex Hortensia, mandated than any plebiscite passed by the Plebeian Council would have the full force of law. Plebiscites differed from laws (Latin: lex) passed by the Comitia Centuriata and the Comitia Tributa, because both of these comitia were dominated by patricians and aristocratic plebeians. [36] In contrast, the Plebeian Council, which passed most plebiscites, was less aristocratic. In 98 BC, the lex Caecilia Didia was passed, which allowed the senate to declare that a law passed improperly by an assembly did not have to be obeyed by the people.
[edit] History of Balloting
Originally, votes were cast by placing a pebble into a jar. But during the final century of the republic, votes transitioned from pebble to written ballot. The lex Gabinia was passed in 139 BC, and required written ballots to be cast when elections were being conducted. The lex Cassia of 137 BC required written ballots to be cast when non-capital trials were being conducted. The lex Papiria of 131 BC required written ballots to be cast when legislation was being voted upon. And the lex Coelia of 106 BC required written ballots to be cast when capital trials were being conducted. If an elector wanted to vote "aye", he would write a "V" on his ballot (for VTI ROGAS). If the elector wanted to vote "nay", he would write an "A" on his ballot (for ANTIQVO).[37] These reforms had been opposed by the aristocracy, because it was more difficult for the aristocracy to know how individual electors voted when votes were cast by (in effect, secret) ballot.[38]
[edit] Roman Assemblies Contrasted With Modern Assemblies and Modern Referenda
- See also: Referendum
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 Roman assemblies 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.
Unlike many modern assemblies, Roman assemblies were not bicameral. That is to say that bills did not have to pass both major assemblies in order to be enacted into law. In addition, no other branch had to ratify a bill in order for it to become law. The arrangement is similar to what exists in many countries today. In modern countries, referenda become law after they are passed by a majority of voters. The need for another governmental institution to ratify this popular decision usually doesn't exist.
Members also had no authority to introduce bills for consideration. Only executive magistrates could introduce new bills. This arrangement is also similar to what is found in many modern countries. Usually, ordinary citizens cannot propose new laws for their enactment by a popular election.
Unlike many modern assemblies, the Roman assemblies had judicial functions, due to the fact that the Roman Republic didn't have a formalized court system.
[edit] Comitia, Conventio, Concilium
There were two primary types of assembly. The first was the comitia (or comitiatus), which is Latin for "going together". The word comitia is itself plural, with its singular form (comitium) simply meaning "meeting place". Comitia were the avenues through which the popular assemblies would meet for specific purposes, such as to enact laws, elect magistrates, or conduct jury trials. The second was the contio (conventio), which is Latin for "coming together". These were simply forums where Romans would meet for specific unofficial purposes, such as to hear a political speech or to witness a trial (or even an execution). [39] 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 debates and conduct other business before voting. After this was complete, the voters would assemble into comitia to actually vote. [40]
The electors would always stand during a meeting of a conventio or a comitia. Several attempts were made to allow sitting during such a meeting. But these attempts were strongly opposed by the aristocracy, because they believed that it would bring Greek luxury and desidia (literally "sitting down on the job"), which was considered unsuitable for a war-like people. [41]
The comitia and the conventio were both specific to their purpose. For example, the comitia tributa was a meeting of all of the People of Rome, organized into their respective tribes. A comitia quaestoria would be a comitia for the purpose of electing a quaestor. In contrast, the concilium (Latin for "council") were forums were specific groups of people would meet. For example, the concilium plebis would be a concilium where plebeians would meet.[42]
While there were only a couple of primary comitia, contio and concilium, the existence (and relevance) of the different types were not as fixed as one might believe. Simply calling a group of people together for a purpose could constitute a comitia, a contio or a concilium. There were many different reasons why one may wish to hold a comitia or a contio, despite the fact that only a couple of comitia dominated over time. Likewise, there were many different groups who might wish to hold a concilium (such as actors, gladiators, or lictors), despite the fact that the concilium plebis was the most prominent of all concilium.
[edit] Block Voting Structure
The assemblies were composed of Roman citizens. Each member of each assembly was grouped into a block of other members (either a century, a tribe or a curia). Each member of a block would vote. The majority vote of the members in each block would determine how the block voted. Only the vote of the entire block would count in deciding the outcome of a proposed action. While each block received one vote, the blocks were not all of equal size, so the votes of some members weighed more heavily than the votes of other members. The majority of blocks would decide the outcome of legislation. In discussing this system in Pro Flacco, Cicero argued that it was the rashness and lack of divisions by unit that caused the Greek cities to vote for "the worst possible measures". [43] This block voting structure was copied by the U.S. Constitution in the design of the electoral college.
[edit] Impeachment Powers
The Roman Assemblies had the power to impeach executive magistrates. Through a simple vote, they could either deprive a magistrate of his imperium powers (depriving him of his legal right to command an army), or deprive him of his office. In 133 BC, the plebeians voted to impeach a tribune attempting to veto an agrarian reform proposed by Tiberius Gracchus, whereafter the law was (illegaly) passed again by vote and subsequently enacted. A similar impeachment was attempted in 67 BC. In the late republic, higher ranking magistrates (especially consuls and praetors), increasingly found themselves the target of impeachment attempts.[44]
[edit] Assembly Procedure
Only one assembly (comitia) could operate at any given point in time. Once a session began, no other comitia could be called until the first comitia had ended its session. However, if a magistrate called a comitia to assemble but proceedings had not yet begun, any consul could "call away" (avocare) the comitia from the magistrate that was summoning that comitia. Praetors also had the power to "call away" a comitia from its magistrate, but only if that magistrate was not a consul (since consuls outranked praetors).[45]
[edit] From Announcement to Vote
Once a pending vote had been announced, a notice would always have to be given several days before the assembly was to actually vote. For elections, at least three market-days (often more than seventeen actual days) had to pass between the announcement of the election, and the actual election. This time period, known as a trinundinum, was the point at which the candidates would interact with the electorate. During this time period, no legislation could be proposed or voted upon. In 98 BC, the lex Caecilia Didia required a trinundinum to pass between the proposal of a law, and the vote on that law.[45]
When an assembly was being used to conduct a trial, the presiding magistrate had to give a notice (diem dicere) to the accused person on the first day of that trial's investigation (anquisito). When each day ended, the magistrate had to give another notice to the accused person (diem prodicere) of the adjournment until the next day. After the investigation was complete, a trinundinum had to elapse before a final vote could be taken with respect to conviction or acquittal.[46]
[edit] The Day of the Vote
Any magistrate had the power to summon an assembly. The electors would first assemble into an unsorted meeting called a conventio. They would stay in their conventio until voting was to begin. [40] Speeches were only made before the conventio if the issue to be voted upon was a legislative or judicial matter. If it was an election, there would be no speeches. Instead, the candidates would campaign by meeting with (and often by bribing) individual electors. [47]
While consuls, praetors and tribunes were the magistrates whom most often summoned the assemblies, aediles could also summon an assembly. In addition, dictators often called assemblies for the enactment of various laws (or for the election of magistrates). A dictator's Magister Equitum (Master of the Horse) also had the power to summon assemblies.[42]
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, there would be a prayer, and then the magistrate would introduce the subject to be considered. Often, the magistrate presiding over the assembly would allow debate on the final day before the vote.[48]
Before a vote was conducted on any particular bill, the bill would have to be read to the assembly by a Herald. Then, if the assembly was composed of tribes, the order of the vote would have to be determined. If the assembly was organized by centuries, the more aristocratic centuries would vote first. For an assembly composed of tribes, an urn would be brought in, and lots would be cast in order to determine the sequence in which the tribes would vote. After this occurred, a tribune could no longer use his veto power over the given bill.[49]
The tribes would then Discedite, Quirites (Latin for "depart to your separate groups"). At this point, the conventio would break apart, and the electors would form into a comitia by assembling into their tribes. The tribes would be enclosed in a fenced off area (saepta), so that the individual tribes remained together. [40] If the assembly was organized by century, a licium would summon the voters into their appropriate fenced in space. Each member would vote by placing a pebble or written ballot into an appropriate jar.[50]
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 tribe or century would decide how that tribe or century voted. Once a majority of tribes or centuries voted in the same way on a given measure, the voting would stop, and the matter would be decided. It would be theoretically possible for a measure to get a majority of votes of electors, but fail because the distribution of electors caused a minority of tribes or centuries to vote for that particular measure.[37] When the assembly was voting on a legislative or judicial issue, one tribe at a time would vote. If the issue was an election, all of the tribes would vote simultaneously.[51]
The entire voting procedure had to be completed within a single day. If the process failed to complete in a given day, it would have to be started from the beginning during another day. [52] If violence occurred during the meeting, the president would usually dissolve the assembly.[53]
[edit] Comitia Centuriata
- See also: Roman_assemblies#Comitia_Centuriata
The Comitia Centuriata (Centuriate Assembly) was one of the two major popular assemblies. It was founded by the king Servius Tullius. It was meant to be a way through which the government would extract both military and civil services from citizens.
The Comitia Centuriata would elect magistrates who had imperium powers (consuls and praetors). If both consuls for a given year died, an interrex would preside over the assembly while it choose new consuls. This assembly would also elect censors once every five years. While the censorial terms were reduced from five years to eighteen months in the early republic, the intervals between censorial elections were never adjusted.
While the voters in this assembly wore togas and were unarmed, they were considered to be soldiers. Because of this, they could not meet inside the pomerium.[54]
[edit] Centuries
- See also: Centuria
The early Roman Army was divided into units called centuries (centuriae). As such, the Comitia Centuriata was also divided into centuries. There were 193 centuries in this assembly. Since the rich were divided into more centuries in the early Roman Army, the rich also controlled more centuries in the Comitia Centuriata. And because each century had one vote, regardless of the number of people in any particular century, the aristocrats ultimately had more power over this assembly.
The army, and thus the assembly, was made of three different types of groups. These groups were the equites, pedites and unarmed adjuncts. The equites were the higher ranking soldiers who fought on horseback. They represented the officer class. They were grouped into eighteen centuries. Six of those centuries, called the sex suffragia, were of patricians who were grouped, two each, by ancient clan. These clans, the Latins, Sabines and Etruscans, dated back to Romulus.[54] Romulus also divided the Roman Senate into similar divisions. The other twelve centuries of equites were added by Servius Tullius. These were the only centuries that usually consisted of 100 men each.[55]
The pedites were grouped into 170 centuries. 85 of these centuries consisted of iuniores (Latin for "young men" or "juiors"). These soldiers were aged seventeen to forty-six, and constituted most of the pedites. The other 85 centuries of pedites were seniores (Latin for "old men" or "seniors"). These soldiers were aged forty-six to sixty. The pedites were divided into five classes, based on property. The first class consisted of soldiers with heavy armor. The lower classes had successively less armor. The soldiers of the fifth class had nothing other than slings and stones. The theory was that people with more property would fight harder to defend it, and thus would be more interested in electing competent leaders.[55]
The first class of pedites consisted of eighty centuries. Classes two, three and four consisted of twenty centuries each. Class five consisted of thirty centuries.[56]
The unarmed soldiers were divided into the final five centuries. Four of these centuries consisted of people such as artisans and musicians (trumpeters or horn blowers). The fifth century was for people with little or no property. This century was so poorly regarded that it was all but ignored during a census. Despite this fact, after the reforms of Marius, most soliders belonged to this century.[55]
The equites would usually vote first, as praerogativae.[55] Next, the first class of pedites would votes. The first class consisted of eighty of the 170 centuries. All pedites with a horse, and many with a large amount of property, belonged to this class. Since this class, combined with the equites, consisted a majority of centuries, voting would usually end before the second class began voting. [56]
According to Cicero, the assembly was arranged in this way so that the masses would not have the most power. According to Livy, the purpose was so that everyone would have a vote, but the "best men" of the state would hold the most power.[56]
Around the time that the last two tribes were added to the Comitia Tributa in 241 BC, the Comitia Centuriata was reorganized. This was because some of the members of the first class of pedites wanted to vote with the equites. One result of this reorganization was that the first class of pedites was reduced from eighty centuries to seventy centuries. Because of this, the combined votes of the equites and first class of pedites no longer consisted a majority.[57]
[edit] Powers of the Comitia Centuriata
The Comitia Centuriata also had the sole power to declare war, and served as the highest court of appeal in certain judicial cases (in particular, cases involving capital punishment). Its size made voting difficult, so it ultimately gave up most of its legislative duties. However, it still retained the power to enact laws, and did so several times in the later years of the republic. In addition, it was the assembly that usually ratified the results of a census.[58]
Usually, either a consul or praetor presided over this assembly. The members of this could be either plebeians or patricians. Since soldiers were not allowed inside the city of Rome, members of this assembly always voted outside of the city. They usually voted on the Campus Martius (Field of Mars), which was also where the Roman Army would often meet.
[edit] Comitia Tributa
- See also: Roman_assemblies#Comitia_Tributa
The Comitia Tributa (Tribal Assembly) was the other of the two major assemblies. In order to vote, a member had to physically be in the city of Rome. A consul or praetor would usually preside. The presiding officer would propose legislation, and the members could only vote on it. As was the case in Comitia Centuriata, members of the Comitia Tributa could not propose legislation. The presiding officer would also ensure that all tribes had at least five members voting. If any tribe did not, that officer could choose people from other tribes to vote in the vacant tribe. [59]
The Comitia Tributa consisted of both plebeians and patricians. While under the presidency of a curule magistrate (a consul or praetor), it would elect curule aediles, quaestors, and military tribunes. This differed from the Concilium Plebis (Plebeian Council).[60] The presiding magistrate wore a purple-bordered toga, and were accompanied by lictors with fasces. They would usually sit on a curule chair. The magistrate was accompanied by several colleagues, including at least one tribune. This was so that appeals could be made, if members of the assembly disagreed with a presiding magistrate. There would also be an augur in attendance, so that omens could be interpreted.[61] During a preliminary auspices, the presiding officer would go to the site of a meeting, between midnight and dawn, to ensure that the meeting had the approval of the Gods.[60]
The Concilium Plebis consisted only of plebeians, and was presided over by a plebeian magistrate (usually a plebeian tribune). It elected plebeian magistrates, in particular plebeian tribunes and plebeian aediles. The procedure of the Comitia Tributa was nearly identical to that of the Concilium Plebis. The only difference was the absence of a preliminary auspices before a meeting of the Concilium Plebis.[62] The presiding officer was usually not a curule magistrate, so us usually sat on a bench (the low subsellium), rather than a curule chair. He would also wear the undecorated toga of ordinary citizens. Instead of lictors, he was accompanies by viatores. The viatores carried no symbols of power. In addition, there would usually be an augur on call.[63]
This Comitia Tributa also had the power to try judicial cases. However, after the reforms of Lucius Cornelius Sulla, the ability to try cases was reassigned to quaestiones perpetuae (standing jury courts). Each court would have a specific jurisdiction.
During the early and middle republic, the Comitia Tributa would meet in various locations at the Roman Forum. They often met at the rostra, the comitium, or the Temple of Castor. Sometimes they would meet at the area Capitolina by the temple of Jupiter Optimus Maximus. By the late republic, they would often meet on the Campus Martius (Field of Mars), because the size of the field allowed votes to occur quicker.[32]
[edit] Tribes
- See also: List of Roman tribes
This assembly was divided into thirty-five blocks known as tribes (tribus). The tribes were not ethnic or kinship groups. Rather, they were simply a generic division into which people were distributed. In the early republic, the divisions were geographical. However, since one joined the same tribe as his father (or his adopted father, in some cases), the geographical distinctions were eventually lost.[64]
Each tribe had further subdivisions. Subdivisions in the urban tribes were called vici, while subdivisions in the rural tribes were called pagi. Other subdivisions within tribes were possible. One example would be a collegia (college), which were professional subdivisions. Despite this, the tribe was still the fundamental organizing unit. Each tribe had its own officers, such as curatores and divisores (treasurers). They also had registers, who would conduct a tribal census.[65]
It was possible to crudely gerrymander tribes. While land could never be taken away from a tribe, the censors had the power to allocate new land into existing tribes as a part of the census. Thus, censors had the power to make tribes more favorable to them or their partisans.[66]
[edit] Lots
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 the next tribe to vote. [67] The first tribe selected was called the principium. The early voting tribes often decided the matter. As can (usually) be seen amongst early voting states in US Presidential primaries, the early results often created a bandwagon psychology. In addition, it was believed that the order of the lot was chosen by the Gods. Thus, it was believed that the way the early tribes voted indicated the will of the Gods. [68]
Once a majority of tribes had voted the same way, voting would end.
[edit] Concilium Plebis
- See also: Concilium Plebis
The Concilium Plebis (Plebeian Council) was a subset of the Comitia Tributa. This council consisted entirely of plebs[69]. It was not considered an official assembly, because it didn't represent all of the People of Rome (it only represented the common people)[69]. It was identical to the Comitia Tributa, except for the fact that its membership did not include patricians.
The Plebeian Tribunes would usually call the council to order. The Tribune would also preside, and propose any legislation (called plebiscita) for the council to consider[69]. In its early years, the laws passed by this council only affected plebs[69]. In 287 BC, however, a law was passed (the Lex Hortensia). This law allowed the resolutions of the Concilium Plebis to have the full force of law.
As the Concilium Plebis was composed of only plebeians, it was more populist than the Comitia Tributa. Because of this, it was usually the engine behind the more controversial reforms (such as those of the tribunes Tiberius and Gaius Gracchus).
[edit] Comitia Curiata
- See also: Roman_assemblies#Comitia_Curia and Curia
The Comitia Curiata (Curiate Assembly), while not as old as the Comitia Calata, was the one major assembly during the years of the Roman Kingdom. All members of this assembly were patricians. These members were organized into blocks called curiae[70]. The curiae were originally created by Romulus, and were organized to resemble the tribal breakdown of Rome during the early kingdom[70]. Ten curiae were to consist of Latins, ten were to consist of Sabines, and ten were to consist of Etruscans. This breakdown was similar to that of the Senate at the time that this assembly was the only major assembly. The early Roman senate consisted of 100 Latin senators, 100 Sabine senators, and 100 Etruscan senators. At one point, possibly as early as 218 BC, the thirty curiae were instead represented by thirty lictors.[58]
During the Roman Kingdom, and the early Roman Republic, this assembly was the primary comitia, and possessed the primary legislative powers. During the Roman Kingdom, it ratified the election of new kings by granting a new king imperium powers. This gave the new king the constitutional authority to command armies.
Around the time of the founding of the republic in 509 BC, the Comitia Centuriata took the powers that had been held by the Comitia Curiata[70], and the Comitia Curiata began to fall into disuse. Between the creation of the office in 494 BC and transferral of this power to the Comitia Tributa in 471 BC, this assembly elected new Tribunes.[58]
After it had fallen into disuse during the early republic, its primary role was to pass the annual lex curiata. Theoretically, this was necessary to give new consuls and praetors imperium powers, thus ratifying their election. In practice, however, this may have been a largely ceremonial (and unnecessary) event, which was more of a reminder of Rome's regal heritage than it was a necessary constitutional act. [58]
The assembly was presided over by a curule magistrate such as a consul, praetor or dictator. By the middle and later republic, acts that it voted on were usually symbolic, and usually resulted in an affirmative vote.[58]The laws passed by the assemblies could be vetoed by the Tribunes, and the functions of the assembly could be interfered with by the auspices.[58]
Under the presidency of the Pontifex Maximus[70], this assembly carried out several other functions. It ratified wills and adoptions (adrogatio)[70]. It would inaugurate certain priests, and transfer citizens from patrician class to plebeian class. In 59 BC, it transferred the patrician P. Clodius Pulcher to the plebeian class. In 44 BC, it ratified the will of Julius Caesar, and with it Caesar's adoption of his nephew Gaius Octavian.[58]
[edit] Comitia Calata
- See also: Roman_assemblies#Comitia_Calata and Curia
The Comitia Calata (Calate Assembly) was the oldest of the four major Roman assemblies. Very little is known about this assembly. All members of this assembly were patricians. The Comitia Calata met on the Capitoline Hill. Like the Comitia Curiata, the Comitia Calata was originally divided into thirty blocks called curiae. Ten curiae consisted of Latins, ten consisted of Sabines, and ten consisted of Etruscans. By the later republic, the thirty curiae were represented by thirty lictors. Its purpose was not legislative or legal, but rather religious. The pontifex maximus presided over the assembly, and it performed duties such as inaugurating priests, and selecting Vestal virgins.[71]
[edit] The Decline of the Popular Assemblies
During the final two centuries of the Roman Republic, tensions began to mount between the senate and the popular assemblies. The Lex Hortensia of 287 BC required that all laws passed by the Concilium Plebis (Plebeian Council) be binding on all citizens. Conflicts began to arise as the will of the senate conflicted with the will of the (more populist) popular assemblies. During the second century BC, Publius Cornelius Scipio Aemilianus was elected consul despite opposition by the senate. A few decades later, the tribune Tiberius Sempronius Gracchus passed land laws through the Concilium Plebis despite intense opposition by the senate.
Lucius Cornelius Sulla served two consulships, and was Dictator for almost three years. Sulla was of the aristocratic party known as the Optimates, or "best men." Sulla saw the people of Rome growing increasingly hostile towards the aristocracy that controlled the government. So in order to prevent a future popular uprising, Sulla passed a series of laws that were meant to weaken the power of the assemblies.
During his first consulship in 88 BC, Sulla passed a series of laws that weakened the Tribal Assembly and the Concilium Plebis, by requiring senate approval before any proposed bill could be considered. Sulla then passed another law, which gave the senators and knights (the first class of centuries) almost half of the voting power in the Centuriate Assembly. Finally, Sulla passed a law that stripped all legislative powers from the Tribal Assembly and the Concilium Plebis. These powers were given to the Centuriate Assembly. The Comitia Tributa retained their powers in the appointment of magistrates. And while they did retain their powers regarding the conduct of trials, those trials had to be authorized by the senate.
When Sulla's consulship ended, his reforms were overturned by the popular party, known as the Populares. When Sulla became dictator in 82 BC, his restored his reforms. After Sulla died, Pompey and Crassus overturned Sulla's reforms again. While the reforms were never restored, the assemblies never again regained the level of power that they had possessed before Sulla's first consulship.
[edit] The Assemblies After the Fall of the Republic
The first Roman Emperor, Augustus, did not abolish the assemblies. Instead, he consolidated many of the powers of the assemblies into his own office. Augustus transferred all legislative powers from the assemblies to the senate. Since Augustus appointed all senators, Augustus effectively had control over the legislative function. Augustus also was given perpetual powers of both a tribune and a consul, which allowed him to dominate both assemblies (since tribunes and consuls presided over the assemblies).
The next emperor, Tiberius, transferred the appointment of magistrates to the senate. After the death of the Tiberius' successor, Caligula, the assemblies fell into complete disuse.
The only time that the assemblies are mentioned after Caligula is in the "election" of imperial consuls. The elections were not democratic or legitimate, and the winners were always chosen ahead of time by the emperor. The members, whom long ago had ceased to aggregate into centuries, would go through the longum carmen. This was the ritual of the Comitia Centuriata. The only purpose that this served was to allow the emperor to proclaim that the consuls had been elected by a sovereign people.[72]
[edit] The Executive Branch
The executive branch of the Roman Republic was composed of Roman magistrates. Each magistrate would be appointed by one of the two major legislative assemblies. One set of magistrates served the senate. The other set of magistrates served the legislative branch (the popular assemblies). All magistrates were elected annually for a term of one year. The only exception was the office of the censor. The censor was elected once every five years, for an eighteen month term. The terms for all annual offices would begin on New Year's Day, and end on the last day of December.
[edit] History of the Executive Branch
During the time of the Roman Kingdom, the King was the only person who had real power. When the last king, Tarquin, was expelled from the city, power devolved back to the senate. The senate decided to keep this power, rather than to give it to another king. That year, in 509 BC, the senate elected its first leaders. These leaders, then called praetors, would eventually become the consuls that held the highest level of responsibility throughout most of the life of the republic. These early praetors eventually lost much of their initial powers, as the senate and assemblies gave more and more of those powers to newly created magisterial offices.
One of the first consuls, Publius Valerius Poplicola, enacted a law declaring sacer (referring to "seizure and destruction") of any person (along with their property) who plotted to seize a tyranny. Historical annals, written around the time of the Second Punic War, recorded that on three separate occasions citizens plotted to seize a tyranny (regnum). The method these citizens choose to seize their tyranny through was demagogy, through the promise of helping the economic troubles of the poor. The first time this occurred was in 486 BC, when the consul Spurius Cassius Vecellinus used his consulship to advocate for legislation that would distribute land and money amongst citizens and freedmen. The second time this occurred was in 439 BC, when a wealthy plebeian named Spurius Maelius offered to give away grain to the poor. The third time this occurred was in 390 BC, when a soldier named Marcus Manlius offered to personally pay the debts of bankrupted citizens. They were all killed under the law passed by Valerius. [36]
Originally, all magisterial offices (other than that of Plebeian Tribune) could only be occupied by patricians. But by the 4th century BC, this began to change. In 351 BC, the first plebeian censor was elected. In 342 BC, a law was passed requiring that at least one of the consuls elected in any given year be a plebeian. In 339 BC, the plebeian dictator Publilius Philo expanded this consular law to have effect over the censorship as well. In 337 BC, plebeians were allowed to be elected to the praetorship.[73] Eventually, the only magisterial office that could only be held by a patrician was the rarely used office of interregnum (interex). This office was only held when all high-ranking magistrates left office at once, and an interim magistrate was needed to oversee the election of new officials.[74]
[edit] The Nature of the Executive Magistrates
The nature of the magistracy centered around a couple of key concepts. One such concept was potestas, which referred to the magistrate's power. The most supreme form of a magistrate's potestas was his imperium powers. A magistrate who had imperium powers (the term is Latin for command) had the constitutional authority to command a military force (to act as an imperator or commander-in-chief). The positive force of potestas was counterbalanced by the negative forces of collega, provocatio and provincia. Collega, provocatio and provincia acted as checks on a magistrate's potestas. Finally, a magistrate had the ability to consult with the Gods by taking the auspicia (auspices).[75]
[edit] The Powers of the Magistrates
All potestas of a magistrate were institutional and legitimized by either statute or custom. Only the Roman People, through their legislative assemblies, had the right to confer potestas on any individual magistrate.[75] The most powerful form of potestas was the power of imperium. Generally, imperium powers referred to actual military commands. However, imperium actually referred to a broader set of supreme powers. In a broader (and possibly more accurate) sense, imperium power gave an individual the authority to issue orders (military or otherwise)[3]. Several items symbolized the power of imperium. One symbol was the fasces, which consisted of a bundle of rods (symbolizing the power of the state to punish) with an embedded axe (symbolizing the power of the state to execute)[76]. Another symbol was the Curule chair (sella curulis). In addition, magistrates with imperium wore bordered togas. All three of these symbols were inherited from the days of the Roman Kingdom, and are possibly of Etruscan origin. In addition, only a magistrate with imperium could be awarded a triumph. Triumphs were also inherited from the days of the Roman Kingdom.[77]
[edit] Limitations on Magisterial Power
Roman magistrates had three primary checks on their power. These checks were collega, provocatio and provincia. Collega related primarily to the power of a magistrate over the government in Rome. Provocatio related primarily to the power of a magistrate over Roman citizens (usually only while in Rome). Provincia related to the power of a magistrate while abroad.
[edit] Collega
- See also: Collegiality
The first check over a magistrate's power was collega (collegiality). Each magisterial office would be held concurrently by at least two people. Any magistrate could veto (called intercessio) the actions of any magistrate of equal or lesser rank. Except for the Tribunes, magistrates rarely vetoed the actions of one of their colleagues. Colleagues (other than Tribunes) didn't routinely obstruct each other until the late republic. And even then, the means of this obstruction was through the use of the auspices to claim unfavorable omens. However, magistrates commonly vetoed the actions of other magistrates who were of inferior rank (such as a consul issuing a veto over a praetor).[78]
[edit] Provocatio
The second check over the power of a magistrate was provocatio. Any citizen in Rome had the absolute right of provocatio. If any magistrate was attempting to use the powers of the state against a citizen (such as to punish that citizen for an alleged crime), that citizen could cry "provoco ad populum". If this were to occur, a Tribune would intervene, and could rescue the citizen if he decided that the punishment was unjust. Until a Tribune had intervened and made a decision, it was illegal for a magistrate to punish any citizen who evoked his provocatio right.[79]
Provocatio was the check on the magistrate's power of coercitio (coercion). Coercitio was used by the magistrates to maintain public order.[80] A magistrate had many means with which to enforce his power of coercitio. These included flogging (until this was outlawed by the leges Porciae), imprisonment (only for short periods of time), fines, the taking of pledges and oaths, selling one into slavery, banishment, and sometimes the destruction of a person's house.[81]
[edit] Provincia
The third check over a magistrate's power was that of provincia. This was the means by which the senate would divide the provinces, and give a single magistrate supreme authority over a single province (or over a couple of provinces). Ironically, it was the Tribune Gaius Sempronius Gracchus who codified the right of the senate to select consular provinces. Provincia was important because a magistrate had supreme military and civil command over their province. If two magistrates claimed jurisdiction over the same territory, conflicts (military and otherwise) could emerge. The lex de provinciis praetoriis of 100 BC attempted to regulate the right of a magistrate to travel outside of his province. [82]
[edit] Use and Abuse of Omens
- See also: Roman Religion, Auspice, and Omen
The other significant facet of the abilities of a magistrate was that of the auspices. The magistrates had access to oracular documents, the Sibylline books. However, magistrates usually only consulted these documents after events occurred which were believed to be signs from the Gods (prodigies). However, all senior magistrates (consuls, praetors, censors, and tribunes) were required to actively look for omens (auspicia impetrativa). Simply having omens thrust upon them (auspicia oblativa) was generally not adequate. Omens could take the form of signs from the heavens, the flight of birds (auspices literally means "flight of birds"), or the entrails of sacrificed animals. When a magistrate believed that he witnessed such an omen, he would usually have an augur interpret the omen for him. Augurs were religious officials who specialized in auspices. While the seeking of omens was practiced in many circumstances, it was required when holding a legislative or senate meeting, or when a magistrate was preparing to leave for a war. In the late republic, the auspices were used to obstruct (obnuntiatio) political opponents. Cicero even advocated for this practice, as a means of preventing undesirable actions.[83]
[edit] Annual Terms
In the early republic, the year began around March 20, on the vernal equinox (the day in spring when the sun is directly over the Earth's equator). This was also when the terms of the newly-elected magistrates began. To give the consuls and praetors more time to prepare their armies before spring began, and thus wars could be waged, the annual elections moved to the beginning of January. This occurred around the year 154 BC. During this time period, the years were named after the consul in office at the time. For example, the year 205 BC was named The year of the consulship of Publius Cornelius Scipio Africanus and Publius Licinius Crassus. Since the years were named after the consuls, the result of the movement of the annual consular term from March through February to January through December moved the actual calendar year to encompass this time period as well. After the change of 154 BC, the actual positioning of the year was never altered again.
[edit] Executive Immunity
While a magistrate was actually serving his term in a magisterial office, he had full immunity from criminal prosecution. Sometimes, a magistrate would commit crimes while in office. These crimes could not be prosecuted until that magistrate left office. Once they did leave office, if they were not immediately elected to another term in any office (thus granting them another year of immunity), they would be subject to full prosecution.
This immunity became an issue several times throughout the history of the republic. In 133 BC, the Tribune Tiberius Gracchus attempted to use force against another Tribune. This was illegal, and opened Tiberius to criminal prosecution upon leaving office. Immediately after leaving office, Tiberius attempted to stand for election to a second term. A riot broke out, and Tiberius was killed.
In 63 BC, the consul Cicero illegally had the conspirators of Catiline executed without a trial. While he was never prosecuted, he spent the rest of his life living in constant fear of prosecution over these consular executions.
And while Julius Caesar was consul, and then governor of Cisalpine Gaul, he committed several crimes. In 50 BC, his term as governor was coming to an end, so he demanded that the senate give him a new proconsular command. He knew that if he did not have such a command, he could be prosecuted for the crimes he had committed. When the senate refused, he crossed the Rubicon River, started a civil war, and overthrew the republic.
[edit] Higher Magistrates
Three different executive magistrates were elected by the Comitia Centuriata. These were the consul, praetor, and censor. The consuls and praetors held two different grades of imperium (command power). They sat in a curule chair, and were attended to by lictors. Each lictor carried a fasces, which consisted of a bundle of birch rods (symbolizing the power of the magistrate to coerce) that had an axe embedded into it (symbolizing the power of the magistrate to execute). While the censors did not have imperium, lictors, or the right to sit in a curule chair, they wree the only magistrates who were elected to a term longer than one year.
[edit] Consuls
- See also: Roman Consul
In Latin, consulares means "those who walk together". The consul of the Roman Republic was the highest ranking magistrate[3]. The consul would always serve with another consul as his colleague. The consular term would last for one year[3]. If a consul died before his term ended, another consul, called the consul suffectus, would be elected to complete the original consular term.
Each consul would be attended by twelve bodyguards called lictors[76]. The leader of the senate was the superior consul for the month. Throughout the year, one consul would be superior in rank to the other consul. This ranking would flip every month, between the two consuls. The consul who was superior in a given month would hold the fasces[11]. The consul who undertook the faces during the first month of the year was known as the consul prior or consul maior.[84] The consul prior was usually the individual who received more votes in the Comitia Centuriata during the consular election, while his colleague was the individual who received the second highest number of votes. Regardless of which consul was the superior consul for the month, either consul could veto the actions of his co-consul[76]. Once a consul's term ended, he would hold the honorary title of consulare for the rest of his time in the senate. After a consul left office, he had to wait for ten years before standing for reelection to the consulship.[85]
[edit] History of the Consulship
When the last king was expelled in 509 BC, the power of the king was officially divested to the senate. The senate then appointed two consuls, and granted those consuls this power[3]. By law, the consuls had this power. However, by fact, the senate had retained the power.
The consuls were originally called praetors (meaning leader). In 305 BC, the name was changed to consul. During the early years of the republic, a consul would have certain religious duties, such as the reading of the auguries. The annual succession of consuls during these early years was not constant, despite the fact that later generations of Romans believed that it had been.
Initially, the consulship possessed vast powers, similar to that of the king. But as the constitution developed, the consulship lost many of its earlier powers. In some cases, functions were removed. In other cases, checks were placed on the power of the consul. For example, most of the consul's original judicial powers were stripped, and given to the praetors. The power to regulate public morality and conduct a census was stripped, and given to the censors.
In the early years of the republic, only patricians were allowed to be consul. After the passage of the Lex Licinia in 367 BC, plebeians were allowed to be consul. However, the Comitia Centuriata did not follow this law until the law was strengthened in 342 BC. After this point, at least one plebeian consul was usually elected each year.[86]
Ordinarily, a consul would only conduct a war during the year of his magistracy. After his term ended, the war would be picked up by his successors. This pattern was mostly uninterrupted throughout the history of the Republic. However, there was an exception to this practice during the Second Punic War. During this time, when a consul's term ended, he would retain consular imperium. With this power, he could continue to fight the war as he had done while he was still a consul. After the Second Punic War ended, however, this practice was abandoned.[87]
In the later republic, once a consular term ended, a former consul could be elected to a term as proconsul. These proconsular terms could have durations of more than a year. Often, the new proconsul would be given the command of a province. Even after the republic fell, the office of the consul survived throughout the years of the empire. However, imperial consuls had few powers. The office was purely honorary, and emperors would appoint themselves or others as consul.
[edit] Election to the Consulship
Throughout much of the republic's life, a patrician had to be 41 years old before being elected consul. A plebeian had to be 42 years old before being elected consul. In the early years of the republic, the consuls were elected by the Comitia Curitia. But soon after these early years, the Comitia Centuriata elected the consuls. Since the Comitia Centuriata was more aristocratic, consuls tended to be more aristocratic.
A sitting consul was always expected to hold an election for his successor before leaving office. If a consul was not in Rome at the time that his term ended, he would ordinarily appoint a dictator to preside over the consular elections for him.[87]
After a senator was elected consul, imperium powers had to be granted. Throughout the entire life of the republic, the Comitia Curitia would grant the new consuls imperium powers. If a consul was not granted imperium powers, he would not be able to command an army[3].
After a new consul was elected, he would usually preside over senate debate for a short period of time. He might propose legislation, and would usually preside over the election of new censors every five years. During the early and middle republic, consuls spent most of their terms outside of the city of Rome. They would usually leave the city early in their term, and return to the city near the end of their term. Before a consul left the city, he had to perform the feriae Latinae. This was a major spring festival held in many Latin cities.[87]
[edit] Powers of the Consulship
The focus of the consulship changed over time. During the early and middle republic, Rome did not control much territory. Therefore, wars were typically fought against foreign nations outside of Roman territory. Because of this, wars were usually fought by the consuls. However, by the later republic more and more provinces had been created. The governors (Proconsuls, Propraetors and Praetors) of these provinces were usually the ones who would fight these wars. The promagistrate that fought the war was the promagistrate who governed the territory where the war was taking place. As a result, the focus of the consulship evolved over time, from a focus on military matters abroad, to a focus on political matters in Rome.[88]
consuls had supreme power in both civil and military matters. While in the city of Rome, the consul was the head of the Roman government. While components of public administration were delegated to other magistrates, the management of the government would be under the ultimate authority of the consul. The consuls had the ultimate responsibility to enforce laws passed by the legislature[89] and policies enacted by the senate.[89] All magistrates, other than the Tribunes, were considered to rank below the consul. The consul was the chief diplomat, and carried out business with foreign nations. The consul also facilitated interactions between foreign ambassadors and the senate. The consul would usually be the officer who would both convene, and preside over, the Comitia Tributa or the Comitia Centuriata.[89]
While abroad, the consul had the highest level of ordinary imperium. Upon an order by the senate, the consul would be responsible for raising an army.[89] While the consuls had supreme military authority, they had to be provided with financial resources by the Roman Senate while they were commanding their armies. Thus, the senate had powers of the purse over the consuls.[16] The armies that the consul raised would have to swear allegiance to that consul. While abroad, the consul had absolute power over his soldiers, and over the military and civil apparatus of whatever province he was in. [89] The senate would give the consul full command over any providence he was in. This authority involved not just military matters, but also civil matters.
In the later years of the republic, ex-consuls would typically be given a pro-consular military command. This command would last for a period of between one and five years. During this time, they would have complete civil and military command over a province that the senate assigned to them. They would be given imperium powers, but only over their specified province. It was illegal for them to either take their army into, or attempt to exercise authority over, other provinces. In 49 BC, Julius Caesar took his pro-consular army across the Rubicon River, from his province of Cisalpine Gaul into Italy. This action started a civil war which resulted in the overthrow of the republic.
[edit] Praetors
- See also: Praetors
The praetorship was originally similar to the consulship, but evolved over time into an office that would both administer civil law[86], as well as command provincial armies. In time, praetors would begin to act as chief judges over the courts. Originally, only two praetors would be elected in a given year. Eventually the total number of praetors elected in a given year increased. The number of praetors elected eventually would fluctuate between six and eight. Sometimes, substantially higher numbers of praetors would be elected in a given year. In the absence of both senior and junior consuls from the city, the urban praetor would govern Rome[86]. Each praetor would be attended by six bodyguards, known as lictors[76].
[edit] History of the Praetorship
When the last Roman king was expelled in 509 BC, the powers of the king officially devolved into a new office. This office would become the consulship. However, for the first 150 years after the founding of the republic, this office was called the praetorship. Over time, the powers of this office were stripped, and given to other magistrates. Around the year 366 BC, the praetorship was renamed the consulship. In its early years, the praetorship could only be held by patricians. However, later in the 4th century BC, plebeians were allowed to be elected praetor.
[edit] Election to the Praetorship
Praetors would usually stand for election with the consuls. As was the case with consuls, praetors would be formally elected by the Centuriate Assembly. The praetors and consuls would both together formally have their imperium powers granted by the Curiate Assembly.
[edit] Powers of the Praetorship
Some praetors administered civil law and acted as chief judges over the courts. These praetors were called the praetor urbanus. Other praetors had foreign affairs-related responsibilities. These praetors were called praetor peregrinus. Often these praetors would act as governors of the provinces.[90]
Praetors were the only magistrates, other than consuls, who had imperium powers[86] This reliance on the senate for financial resources was also a factor with regards to the consulship.
The praetors could also preside over the Comitia Tributa or the Comitia Centuriata. When both consuls were away from Rome, a praetor would often preside as the acting president of the senate.[91]
[edit] Censors
- See also: Roman censor
The censorship was a magisterial office that had several unique roles. Because of the uniqueness of the duties of the censor, this was the only office whose term was for more than a year. Every five years, two censors would be elected for an eighteen month term. Unlike other magistrates, one usually had to be a consul before being elected censor. Therefore, the censorship was considered to be more prestigious than the consulship.[92]
[edit] History of the Censors
The fifth Roman king, Servius Tullius instituted the world's first census. When the last king was overthrown, this function was given to the consuls. In 443 BC, the office of the censorship was created.[93] The power to administer a census was taken away from the consuls, and given to the censors.
The censorship was unique in that there was never a set date for a censorial term to end. In the early republic, the censors stayed in office until their successors were elected five years after their own elections. However, this was viewed as being too tyrannical, and so a law passed (the lex Aemilia), which reduced the censorial term to eighteen months. However, it was common for censors to deviate slightly from this eighteen month term limit.[92]
By the 1st century BC, the dictator Lucius Cornelius Sulla weakened the office. After Sulla died, the consuls Pompey and Crassus restored the powers of the censorship. Despite this restoration, the powers of the office continued to weaken throughout the next several decades. Between 86 BC and 70 BC, no censors were elected at all.[94] In 22 BC the Emperor Augustus appointed Lucius Munatius Plancus and Aemilius Lepidus Paullus censors. While future emperors would give themselves the authority to fulfill the duties of this office, Plancus and Paullus were the last official censors.
[edit] Election as Censor
A censor was a senatorial magistrate, elected by the Centuriate Assembly. However, the censor was not elected with the consuls and praetors for a given year. When a new year began, the newly elected consuls would take office, and then preside over the Centuriate Assembly as they elected the new censors. After the censors had been elected, the Centuriate Assembly granted the new censors censorial power. Once this occurred, the new censors could fulfill the obligations of their office.
[edit] Powers of the Censors
Censors did not have imperium powers, and they did not have any lictors (axe-carrying bodyguards). In addition, they did not have the power to convene the senate or legislative assemblies. However, they did have curule chairs, and did wear a toga praetexta. Their actions could not be vetoed by any magistrate other than a Tribune or a fellow censor. They also had the power to fine individuals.[92] Censors usually did not have to act in unison. However, if a censor wanted to reduce the status of a citizen in a census, he had to act in unison with his colleague.[84]
Censors could enroll citizens in the senate, or purge them from the senate.[93] He could also enroll citizens in the Equestrian order.[93] A censor had the ability to fine a citizen, or to sell his property.[93] This was often a punishment for either evading the census, or for a fraudulent registration. Other actions that could result in a censorial punishment were the poor cultivation of land, cowardice or disobedience in the army, dereliction of civil duties, corruption, or debt. A censor could also reassign a citizen to a different tribe, such as one of the two inferior urban tribes (the Esquilina or Suburana). A punishment could also be accompanied by a censorial nota, which was a mark placed besides a man's name on the register. Later, the lex Clodia allowed a citizen to appeal a censorial nota.[95]
Once a census was complete, a purification ceremony known as the lustrum would be performed by a censor. A lustrum typically involved prayers for the upcoming five years. The lustrum was the central reason for the creation of the magistracy. It was a religious ceremony that acted as the certification of the census. The review of the equites in the forum (recensus or recognitio) and the selection of the senate (lectio) could be performed after the lustrum.[96] The selection of the senate (lectio) was a part of the census, and could be used to enroll new senators (or to expel members from the senate).
While the censors had the ability to regulate public morality, their functions were not the same as that of modern censors. This function had more to do with punishing corrupt officials than it did with regulating personal morality. With this power, censors could punish public officials (censure) who had committed crimes, but who had either been acquitted or had escaped prosecution. It was a means of self-regulation by the elite. However, an official who had been convicted of a crime was not subject to this censorial action.[96]
Censors had several other duties as well. These duties included the management of public contracts, and the payment of individuals doing contract work for the state. Any act that resulted in the expenditure of public money required the approval of the senate before the transaction could be completed by a censor.[89] They also auctioned off tax collection to the highest bidder.[96] It was the wide-spread nature of the censorial duties that required a term of office longer than a single year.
The work of the censors affected the lives of ordinary citizens more so than did the work of most other magistrates. As such, the office was of great prestige. While the office was opened to plebeians in 339 BC, ultimately most censors were patricians. After 209 BC, all censors (except one) were former consuls.[97]
[edit] Lower Magistrates
The four lower magistrates were the quaestor, curule aedile, tribune, and plebeian aedile. The quaestors and curule aediles were elected by the full Comitia Tributa, under the presidency of a curule magistrate (consul or praetor). In contrast, the plebeian tribunes and plebeian aediles were elected by the Plebeian Council, under the presidency of a tribune. The two plebeian magistrates were mostly independent from obstruction by other magistrates.
[edit] Quaestors
- See also: Quaestor
The office of quaestor was created in 446 BC.[98] The office was considered to be the lowest ranking of all major political offices[69]. The term "quaestor" is Latin for "one who asks questions." A quaestor would be elected by the Comitia Tributa[69] for an annual term, starting in January. Election to this office was the way that many political careers started. After the dictatorship of Sulla, election to this office resulted in membership in the senate. Before Sulla's reforms, it functioned as a popular way to prepare for a political career, even though, at the time, election to the quaestorship did not result in senate membership. Over time, the number of quaestors elected each year varied, from between two and forty.
The first quaestors were assistants to the Roman Kings. By 421, two consular (military) quaestors were elected, in addition to the two urban quaestors who had served the king in prior centuries[86]. Several times before the dictatorship of Sulla, the number of annually elected quaestors was increased. Sulla increased the college to twenty quaestors. He also enacted a law which gave senate membership to anyone elected to the quaestorship.[99]
The allocation of quaestors was supervised by the senate. The assignment of responsibilities to the urban quaestors was settled by lot. Provincial magistrates often choose which quaestors would accompany them abroad.[100]
Quaestors who served magistrates abroad functioned as the personal secretary of that magistrate[69]. They would usually be responsible for the allocation of money, including army pay. If the magistrate they were assigned to was not a consul, they could have wide leeway, and could even replace the magistrate if that magistrate became unable to serve.[101]
Urban quaestors had several important responsibilities. They would supervise the public treasury, the aerarium Saturni[86]. Here, they would monitor all items going into, and coming out of, the treasury. They would receive tax proceeds, and pay for expenses ranging from public contracts to entertainment for visiting foreign leaders. They could also turn booty or pledged security into cash. They would often speak publicly about the balances available in the treasury.[101] The quaestors could only issue public money for a particular purpose if they were authorized to do so by the senate.[89]
The aerarium was the repository for documents, as well as for money. The texts for either proposed or enacted statutes, as well as of senatus consulta would be deposited in the aerarium under the supervision of the quaestors. During his consulship, Cato the Younger exposed fraud being committed by the scribes. The scribes handled the actual accounting for the treasury, and often exploited the inexperience of their supervising quaestors.[101]
[edit] Curule Aediles
- See also: Aedile
Aediles were officers elected to conduct domestic affairs in Rome. They typically assisted the higher magistrates, especially tribunes[69]. The office was created in response to the secession of 494 BC. The office was not on the cursus honorum, and therefore did not mark the beginning of a political career. Every year, two curule aediles, and two plebeian aediles were elected. The Comitia Tributa, under the presidency of a higher magistrate (either a consul or praetor), would elect the two curule aediles. While they had a curule chair, they did not have lictors, and thus they had no power of coercion.[102] The Plebeian Council, under the presidency of a Tribune, would elect the two plebeian tribunes. Election to this office also did not result in membership in the senate. However, the office was often held by a citizen who had political ambitions, and was a means with which to prepare for higher office.
The curule magistrates served all of the Senate and People of Rome, and thus were not independent of obstruction by higher magistrates. In addition, they were subject to obeying orders by the senate (senatus consultum). In theory at least, the plebeian aediles, owing fidelity only to the plebeians and thus the tribunes whom they served, were independent of all other magistrates and of the senate. In practice, however, this distinction faded over time.
[edit] History of the Aedileship
It is likely that the first aediles were elected for a function associated with temples (aedes). However, according to tradition, the first aediles were elected to assist the tribunes. This was believed by later Romans to have occurred shortly after the first plebeian secession.[103]
When the office of Consular Tribune was abolished in 367 BC, and the consulship restored, the offices of both praetor and curule aedile were created. This was partially in response to the political agitation caused by the Consular Tribunes C. Sextilius and Licinus Menenius Lanatus. Plebeians were then allowed to become aediles. This created the two different aedileships: the curule aedile and the plebeian aedile.[103].
[edit] Responsibilities of the Aediles
Aediles had wide ranging powers over day-to-day affairs inside the city of Rome, and the maintenance of public order. They had the power over public games and shows, and over markets[69]. They also had the power to repair and preserve temples, sewers and aqueducts. They were responsible for the management of dangerous animals, and for the prevention of foreign religions from being practiced inside the city. They also had various powers to enforce public morals, including the right to punish gamblers and usurers (those who charge illegally high rates of interest on loans). They also maintained plebeian records. They would publish records which would document their edicts.[104]
The aediles were often not given public funds with which to execute their duties. They often had to pay the expenses associated with their office from their own funds. Therefore, people who held the office of aedile tended to be wealthy. As this was one of the primary ways with which to enter public office, it helped to keep most ordinary citizens out of public office.
Any expenditure of public funds, by either a curule aedile or a plebeian aedile, had to be authorized by the senate.
[edit] Plebeian Tribunes
- See also: Tribune
The creation of the office of Tribune of the Plebs (or People's Tribunes) was the cornerstone of the Conflict of the Orders. It was this conflict which dominated early Roman history, as has been shown in annals written around the time of the Second Punic War. [105] The Tribunes were the most powerful plebeians. They were considered the embodiment of the plebeians, and thus of most of the People of Rome. Tribunes were the only magistrates who could not only veto actions of higher magistrates, but who could veto actions of the entire senate[106]. They were also the only magistrates who were considered independent of all other magistrates, including the dictator.[89] Thus, they could only have their actions vetoed by fellow tribunes. The Tribunes were elected by the Plebeian Council. Once a Tribune left office, he had to wait for ten years before standing for reelection to the tribunate.[107]
[edit] History of the Tribunate
In the year 494 BC, plebeians throughout Rome seceded from the rest of the city.[106]. This was the first of several plebeian secessions that occurred in the early years of the republic. The plebeians fled to the Aventine Hill, and the city became unable to function. The patricians were also worried because without the plebeians to fill the ranks of the citizen army, Rome would be defenseless against a foreign invader.[108] The patricians sent a representative, Menenius Agrippa, to plead with the plebeians.[108] The plebeians elected (either two or five, the sources are not clear) Tribunes as their spokesmen during the conflict.[105] In order to get the plebeians to end the secession, the patricians recognized the office.[108] Following the abolition of the decemvirate in 449 BC, the college of Tribunes was expanded to ten.[105]
Until the closing years of the 5th century BC, the tribunate was the only office that a plebeian could run for. Around the year 300 BC, the plebiscitum Ovinium passed, which allowed Tribunes to sit inside the senate. Before this time, the Tribunes would sit outside of the senate, and block the exits when they issued a veto.[36].
While only plebeians were allowed to be Tribunes, several patricians were elected to the office in the final years of the republic. They were able to be elected, only because they were formally adopted by plebeians. During the consulships and dictatorship of Lucius Cornelius Sulla, the tribunate lost much of its power. In his attempt to prevent the rise of a future tyrant with popular support, Sulla eliminated the ability of the Tribune to veto actions of the senate. He also ended their right to bring laws before the Plebeian Council. After Sulla's death, the consuls Pompey and Crassus restored these powers to the tribunate.
[edit] Election to the Tribunate
Tribunes were elected by the Plebeian Council. Over time, the number of Tribunes elected in any given year increased from two to ten. Until the later years of the republic, election to the tribunate did not make one a senator.
[edit] Powers of the Tribunate
The Tribunes were the most powerful plebeians. Their primary purpose was to serve the will of the plebeians. They were considered the embodiment of all plebeians, and therefore were sacrosanct[106]. All of the powers of the Tribune derived from this sacrosanctity. One obvious consequence of this sacrosanctity was the fact that it was considered a capital offense to harm a Tribune, to disregard his veto, or to interfere with a tribune[106].
Another obvious consequence was the Tribunes also had the ability to rescue any other plebeian from the actions of another magistrate[73]. Tribunes had the authority to enforce the right of provocatio. This was a theoretical guarantee that a plebeian could not be executed without a trial. If a plebeian was in trouble, he could yell "provoco ad populum", and a Tribune would be able to prevent the governmental action against that plebeian. The lex Porcia of Cato later expanded the provocatio protection to include protection against flogging.[109]. In 300 BC, the lex Valeria was passed, which strengthened provocatio. The result was that any action taken in spite of a valid provocatio was on its face illegal.[73]
Besides provocatio, another facet of a tribune's sacrosanctity was auxilium (help). This was a protection for plebeians, which could be requested by a formal appeal. To help ensure that this was available, a tribune's house had to be open to the public day or night. During the day, the tribunes had a station at the Basilica Porcia. This was the only major tribunician power that survived well into the Empire.[110]
Tribunes could use their sacrosanctity to order the use of capital punishment against any person who interfered with their duties[106]. However, the sacrosanctity of a Tribune (and thus all of the tribunician powers), were only in effect as long as the Tribune was within the city of Rome (or no more than one mile (1.6 km) outside of the city's gates).
Tribunes presided over the Plebeian Council. Therefore, they had the ability to open and close sessions, and call the council to order. They also had the ability to introduce (or not introduce) bills before the council. Since members of the assemblies could not introduce bills for consideration, the Tribune was usually the only person who would introduce such bills. In addition, each Tribune was assigned two aediles as his subordinates.[111]
Tribunes used their sacrosanctity as protection when physically manhandling an individual, such as when arresting someone.[112] They also used it to prevent being interrupted during a speech before an assembly or the Senate. Their veto powers functioned through a similar mechanism. During the early republic, tribunes could only sit near the senate door. Their veto power would be exercised by blocking (or threatening to block) the door, and thus preventing any senator from leaving the building. Their sacrosanctitiy prevented a senator from using force to remove the tribune from the door. By the early 3rd century BC, tribunes were allowed to sit with the senators, and even participate in debate. With this change, the veto power shifted from one of physical obstruction to one of senate procedure.[113]
According to Polybius, Tribunes could also prevent the senate from convening. The origin of this power may have been their ability to use their sacrosanctity to physically block the senate door. This would have prevented any senators from entering the building.[112]
The Tribune could also veto any action of any legislative assembly. However, such a veto would have to take place before a vote was called. While tribunes often vetoed legislation, they only rarely (if ever) issued vetoes in electoral or judicial matters. Despite the fact that a tribune had the right to veto any act of an assembly, the nature of such a veto ran counter to the role of the tribune (to advocate on behalf of the people). And as such, often a tribune's veto over a legislative assembly was withdrawn after protests from the members of that assembly.[114]
On a couple of rare occasions (such as during the tribunate of Tiberius Gracchus), a tribune might use a form of blanket obstruction. This would involve vetoing all governmental functions, and placing a seal on the treasury.[115]
[edit] Plebeian Aediles
The plebeians had their own aediles. These aediles had similar functions as curule aediles, and are discussed above.
[edit] Pro-Magisterial Offices
- See also: Promagistrate
During the early and middle republic, the demand for extra military commanders could be fulfilled either through the nomination of a dictator (and his magister equitum), the election of a consular tribune (which only occurred during the late 5th and early 4th centuries BC), or through the election of praetors. Eventually, both the office of dictator and consular tribune fell into disuse, and there were too many provinces for the praetors to govern. The eventual need for Praetors to act as judges also limited their availability for military commands.
The office of promagistrate was created in 327 BC, when the consular term of Quintus Publilius Philo expired. When his term expired, his army was besieging the city of Naples, and was about to capture it. Since it was illegal to run for reelection to the consulship so soon after serving as consul, his consular imperium was renewed[12]. Thus, he was no longer consul, but had the same level of authority as a consul with which to command an army.
So by the middle and later republic, the senate and legislative assemblies began to prorogue (prorogare) the imperium of consuls and praetors when their terms ended. The result was that private citizens would end up with consular and praetorian imperium. These private citizens, called promagistrates, could be used to command armies. In practice, this usually meant that they would act as provincial governors.[116]
Most promagistrates were either pro-consuls, pro-praetors, or pro-quaestors. Usually, these pro-magistrates served as governors. Pro-consuls were usually given more challenging territories to govern than were pro-praetors. While they were serving as governor, they had nearly unlimited powers. Their terms varied, usually for between one and five years. However, pro-magistrates could not be prosecuted for criminal acts committed while in office. Since one who held this office was immune from prosecution until they left office, several people were continuously reelected to this office in order to avoid prosecution. The most infamous example was Julius Caesar. Caesar had been elected consul, and had committed several crimes while consul. Upon the end of his consulship, he assumed command as pro-consul of Cisalpine Gaul. In the year 50 BC, his term as pro-consul was coming to an end. He demanded that the senate give him another term as pro-consul of another province, but the senate refused. So to avoid criminal prosecution, he crossed the Rubicon River, started a civil war, and overthrew the republic.
[edit] Election to Magisterial Office and the Start of a Political Career
A typical political career would progress along a track known as a cursus honorum. A political career would usually start when a citizen was elected to a lower magisterial office. Often, election as quaestor would be the first path in this political career. Election to a military office (such as election to the office of Military Tribune) often would occur before one entered lower political office. Election to an aedileship did not formally begin a political career. However, much like election to a military tribunate, election as aedile was used to prepare one for a future political career. Over time, the politician would be progressively elected to higher offices. The highest office in the cursus honorum was the consulship. Due partly to the requirement that a former consul wait ten years before running again for consul, former consuls often served as praetors.[117]
[edit] The Role the Executive Branch Played in the Collapse of the Republic
Throughout the life of the republic, most higher level magistrates (and thus most senators) belonged to a small number of senatorial families. Any senator who did not belong to a senatorial family was called novi homines ("new man").
Since aristocrats dominated the senate, they tended to enact policies that benefited them, at the expense of the People of Rome. In the later years of the republic, two factions emerged in the senate. One faction, called the Optimates, or "best men," represented the conservative aristocracy. The other faction, called the Populares, had interests more in line with the People of Rome.[118] During the final century of the republic, these two factions fought each other in the senate. At times, the fighting was violent, and resulted in civil war.
Many of the central figures who played a significant role in the final years of the republic entered politics through election to lower magisterial office. From their lower offices, they worked their way up to higher office, the senate, and ultimately the consulship. Gaius Marius was elected quaestor in 123 BC. Lucius Cornelius Sulla was elected Marius' quaestor in 107 BC. Marcus Tullius Cicero was elected quaestor in 75 BC. Pompey Magnus bypassed all of these lower offices, and was elected consul in 71 BC. After serving as a military tribune, Julius Caesar was elected quaestor in 69 BC. And Cato the Younger was elected quaestor in 65 BC.
Most of these politicians (Sulla, Pompey, Cicero, and Cato) were Optimates. Therefore, they favored the interests of the well-off aristocracy. As such, they favored stability and the constitution. They were also more hostile to the idea of a single person accumulating too much power. The Populares during this period (Marius and Caesar) were more sympathetic to the common people. Both were more hostile to the aristocracy (who had caused the suffering of the common people), and thus to the constitution (which had allowed the aristocracy to cause this suffering). To win the love of the People of Rome, they became interested in the poor economic condition of the average Roman. Their politics focused more on this, than on abstract constitutional issues. Their popular support gave them a way to dismiss their hostility to the constitution as simply an hostility to the aristocracy. And because of this, they had the excuse they needed to consolidate power. Since both Marius and Caesar ultimately gained entry into politics through lower magisterial office, these offices played a significant role in the ultimate collapse of the republic.
[edit] The Roman Dictator
In times of military emergency, a dictator would be appointed, usually for a term of six months[119]. The term is Latin for "one who dictates (orders)". The dictator was also known as the magister populi ("Master of the Citizen Army"). Neither he nor his lieutenant, the magister equitum (Master of the Horse), served in constitutional offices.[120] dictators were usually appointed to terms of six months. During their terms, the ultimate power over all three branches of the Roman government came under the complete control of the dictator. Contemparory historians suggest that the office was not one that had a purely military purpose. While Cicero and Livy do mention the military uses of the dictatorship, others (such as Dionysius of Halicarnassus) mention its use for the purpose of maintaning order and checking the power of the plebs[120]
The dictator was an extraordinary magistrate (magistratus extraordinarius) whose actions were not checked by any other office holder. Since only one person could be dictator at any given point in time, there was never another officeholder checking the power of the dictator. And unlike other magistrates, dictators could not be held liable for any illegal acts that they committed while dictator. For a dictator to be appointed, the senate would have to pass a senatus consultum, authorizing the consuls to nominate a dictator. Once this occurred, and a dictator was nominated, that dictator took office immediately.
[edit] Nomination of a Dictator
The law that had created the office of the dictatorship in 501 BC, the lex de dictatore creando, required that any dictator nominated must have previously served as consul. Usually this requirement was met when dictators were appointed. The law also required that the senate must pass a senatus consultum, before the consul would have the authority to nominate a dictator. Often the senate would specify the person whom the consul would nominate. Often, the person whom was nominated was a sitting consul.
When the dictator was appointed, the consul was required to be in Italy. Preferably the consul would be in Rome. However, since the appointments usually occurred during times of extreme military emergency, the consuls were often abroad when the appointments took place. In addition, in the first centuries after the lex de dictatore creando, dictators had to be patricians. But by 356 BC, the first plebeian dictator, Gaius Marcius Rutilus, was appointed.[73]
[edit] Powers of the Dictator
The term of the traditional dictatorship was for six months. After a dictator's six month term[119] expired, ordinary constitutional government would be restored. Often the dictator would resign his office as soon as the matter that caused his appointment was resolved[119]. Ordinary magistrates (such as the consuls and praetors) would retain their offices. However, their independence was dissolved (with a possible exception being the Plebeian Tribunes), and they became agents of the dictator. If they disobeyed the dictator, they could be forced out of office. The dictator was accompanied by twenty-four bodyguards known as lictors[76]. The twenty-four fasces symbolized the power of the dictator. In contrast, a consul was only attended by twelve lictors[76]. Other magistrates with fasces could not display those fasces before the dictator. While a dictator could ignore the right of provocatio, the right technically existed during a dictator's term.[121]
[edit] Civil and Political Authority of Dictators
The dictator could make any law, without the need for the law to be ratified by the senate or assemblies. These laws ordinarily would expire when the dictator's term ended. The dictator also had the ability to hold trials and act as the judge. Once the dictator decided on the case, there was no appeal. However, just as was the case with laws passed by the dictator, all judicial decisions, and all other civil and political acts would become null and void once a dictator's term ended. They would all be treated as if they never had occurred, since they would have taken place outside of the ordinary constitutional structure.
The dictatorship was similar to the ordinary consulship. However, the dictator had a greater ability than the consuls to punish people without trial, and to avoid responsibility for acts during their term of office. However, the ultimiate power of this office derived from the fact that it was unchecked by anyone. consuls usually obeyed decrees of the senate. In addition, any consul could have his actions unilaterally vetoed by his co-consul. There was no co-dictator to veto the actions of a sitting dictator. The dictator was also free to ignore the wishes of the senate.
[edit] Military Authority of Dictators
The dictator also had absolute authority over the Roman military. Ordinarily, consuls had their own armies. They did not control all Roman armies. Praetors, pro-praetors and pro-consuls all had their own armies. These armies (and the authority of the magistrate to command them) were usually confined to a single province. While a consul would have supreme military command in any province he entered, he had no control over the other provincial armies. Ordinarily, only the senate had the authority to give orders to a praetor, pro-praetor or pro-consul. The appointment of a dictator put all consuls, praetors, pro-praetors and pro-consuls (and thus their armies) under the direct control of the dictator. Thus, the dictator had absolute authority over every Roman army.
[edit] Magister Equitum
- See also: Magister Equitum
Each dictator would appoint a magister equitum, or Master of the Horse (lit. Master of the Knights), to serve as his most senior lieutenant[11]. The magister equitum had authority equivalent to a praetor, and therefore was granted praetorian imperium. Often, when authorizing the appointment of a dictator, the senate would specify who was to be the Magister Equitum. In addition, it was preferred that this person had previously served as a praetor. The magister equitum was accompanied by six lictors carrying fasces. He could summon either the senate or the assemblies. In many respects, he functioned more as a parallel magistrate (like an inferior co-consul) than he did as a direct subordinate.[122]
If a Magister Equitum died before the end of the dictator's term, a new Magister Equitum would have to be appointed by the dictator. In the absence of the dictator, the Magister Equitum would act as the dictator[11]. Whenever a dictator's term ended, the term of the Magister Equitum would end as well[11]. Legally, the dictator was considered to be the master of the infantry (and thus the legions), while the Magister Equitum (as the name implies) was considered the master of the cavalry[11].
[edit] The Decline of the Constitution
- See also: Roman_Republic#Fall_of_the_Republic
The historian Polybius believed that the strength of the Roman constitution was the primary reason for the success that the Roman Republic had in growing into a world empire. He believed that, so long as the aristocrats held the power, the constitution (and thus the republic) was safe from tyranny and destruction. He noted that, during the Punic Wars, the Carthaginian constitution had already passed beyond the point of aristocratic dominance, and into a state of popular dominance. Thus, high-level decisions were subject to the whims of the masses, and thus of demagogues. In contrast, the Roman constitution during that time period gave the most power to the aristocrats, or the "best men".[123]
Thus, the conclusion of Polybius would give some authority to the theory that it was the increasing power of the people, and in particular the declining power of the senate, which helped to cause the destruction of the Roman constitution and thus the Roman Republic. This would explain why Sulla sought to increase the durability of the constitution by increasing the power of the senate, while he simultaneously decreased the power of the assemblies. It would also provide some context as to why Julius Caesar's popular support played the key role that it did in the ultimate destruction of the Roman Republic.
[edit] The Final Century of the Republic
The constitution of the Roman Republic was never codified, or formalized. It was obeyed primarily because politicians and generals decided to obey it. There was never any institution or enforcement mechanism that was meant to ensure that the constitution was enforced.
In the final century of the Roman Republic, wars were becoming more common. They were lasting for longer periods, and less time was elapsing between them. As such, executive power was beginning to expand to unconstitutional levels. While the senate had the official power over wars, and the assemblies had a role as well, it was the executive branch that commanded armies during those wars.
Since wars were becoming more frequent, more commanders were needed to command armies. Each army was either under the command of a consul or a praetor. In the final decades of the Roman Republic, unprecedented numbers of pro-consuls, praetors and pro-praetors were appointed to command an unprecedented number of armies. Major civil wars were starting to occur, partly because of all of these competing commanders. The reforms of Gaius Marius lead to the creation of professional armies, loyal only to their commanders. The expanding executive power led the way for the last Roman Dictator, Julius Caesar. And Caesar's dictatorship led the way for the final destruction of the Roman Constitution under Caesar's adopted son and heir, Gaius Octavius.
[edit] The Reforms of Gaius Marius
- See also: Gaius Marius
During the 2nd century BC, wars were starting to last for longer periods of time. Before this time, armies would consist only of land and property owners who could supply their own weapons. These property owners usually had farms that had to be managed. When a war was fought, they would leave their farms for a few months to fight the war, and then return. However, by this time, wars were lasting for such long periods that when soldiers returned to their farms, their farms had fallen into disrepair. Often they had to sell their farms and property in order to pay debts incurred because of their absence. The result was that land and property owners were losing everything they owned. They were forced to come to the city to survive. The cities soon filled with unemployed masses. The farms were bought by large landowners, who hired cheap workers (or bought slaves) to tend to the farms.
[edit] The Creation of a Professional Army
- See also: Jugurthine War and Marian reforms
During Rome's war against King Jugurtha of Numidia, Gaius Marius was elected consul. His consular term was for 107 BC. Since he was elected consul by the popular assemblies despite opposition by the senate, he was not given an army with which to fight Jugurtha. So he set out to raise his own army. So many people had lost their property that raising an army of property owners was becoming difficult. This was made worse by the increasing intensity of warfare by this time, and thus the increasing demand for soldiers. At the same time, masses of unemployed people were filling the cities. So Marius decided to recruit non-property owners into his army. He would supply them with weapons, and give them a salary. In addition to ordinary compensation, the new soldiers would have the opportunity to take plunder when new territories were conquered. Marius would recruit each new soldier for a term of service of 25 years. To keep them in his army, he would promise them a war pension of farm land when they retired.
The consequences of these reforms, which were maintained long after Marius' death, were extraordinary. First, the armies became much more efficient, since they were now permanent, professional armies. Rome now had an army more able to defeat foreign enemies. Second, to support the army (both the salary for the soldiers, as well as resources with which to supply them), the army needed to be constantly taking new plunder. In addition, more territory had to be conquered in order to supply the farm pension to the soldiers after their term of service ended.
[edit] The Role of the Reforms in the Destruction of the Republic
The most important consequence of these reforms was that the loyalty of the soldiers shifted from the senate to the generals. Before, the armies of landowners were loyal to the senate, because they were effectively fighting for their land and property. But after these reforms, the soldiers were dependent on the success of their generals for money. The senate lost the loyalty, and thus the control, of the armies. The armies were only under the control of the senate when their commander obeyed the orders of the senate. But during the final century of the republic, the generals increasingly ignored the orders of the senate. And with the increasing number of praetors, pro-praetors and pro-consuls, civil wars were the only inevitable result.
[edit] The Rise of Lucius Cornelius Sulla
- See also: Sulla
Lucius Cornelius Sulla first won fame in the final year of the Jugurthine War in 105 BC. During that time, he served as quaestor for Marius. Sulla later distinguished himself as a competent general during the Social War, between 91 BC and 88 BC. He was elected consul in 88 BC.
[edit] Sulla's Civil War
Following his election as consul in 88 BC, Sulla set off to fight King Mithridates VI of Pontus. Marius, who had become Sulla's political enemy, had the senate revoke Sulla's constitutional power to fight Mithridates. While the senate was revoking Sulla's authority, a riot broke out, killing many people.
Envoys from Rome went to Sulla's camp, to tell him that his authority had been revoked. Sulla's supporters stoned the envoys. Lacking the constitutional authority to command an army, Sulla took his army to Italy, and illegally marched on Rome. Never before had a Roman army marched on the city itself. It was illegal for a soldier to even set foot inside the city. Sulla slaughtered the supporters of Marius, but Marius escaped to Africa. Sulla then passed a series of reforms. After forcing the senate to give him back his imperium powers (constitutional authority to command an army), he left to fight Mithridates.
When Sulla was fighting Mithridates, Marius returned to Rome, and was elected consul. He illegally invalidated Sulla's reforms, and illegally had supporters of Sulla killed. He forced the senate to take away Sulla's imperium authority. Sulla took his army back to Italy, and marched on Rome again. He slaughtered what was left of Marius' supporters. In 81 BC, Sulla forced the senate to declare him dictator.
[edit] Sulla's Dictatorship and Constitutional Reforms
- See also: Sulla#Dictator_of_Rome
Over one hundred years had passed since the last dictator had been appointed (Publius Sulpicius Galba Maximus in 203 BC). All prior dictators had been appointed rei gerendae causa (for the matter to be done). Since both consuls had been killed, Sulla was appointed by an interrex, Valerius Flaccus.[124] Sulla was the first dictator to be appointed dictator rei publicae constituendae causa (for constituting the Republic). The difference between the two types of dictatorships is that unlike prior dictators, Sulla's term was not set to expire after six months. This legitimized Julius Caesar's future appointment as dictator perpetuus ("dictator for life", or "perpetual dictator"). Another component of Sulla's dictatorship that was unprecedented was that there had not been a military emergency at the time that Sulla was appointed dictator (other than one that Sulla had created). As dictator, Sulla instituted a proscription, in which he unconstitutionally authorized the killing of thousands of his political opponents. After he had completed the proscription, he instituted several constitutional reforms.
Ironically, Sulla's constitutional reforms were meant to prevent a future general from doing what Sulla himself had done: seizing absolute power through force. His reforms were meant to strengthen the power of the senate, because he believed that a future general may seek to seize power through popular support.
Sulla increased the size of the senate from 300 to 600.[8], and filled the new senate vacancies with his own partisans. He then enacted several laws, such as the lex Cornelia de maiestate, in order to reduce the risk posed by ambitious generals. Scholars, such as Mommsen, believe that Sulla had recognized the dangers posed by generals with extended military commands.[125] Sulla's laws required that the praetors and consuls remain in Rome during their term in office. He had set the number of praetors to eight, so that when the annual term of office ended, the eight praetors and two consuls could each take command of one of the ten provinces. When the next year ended, a new set of commanders would take over the provinces.[125]
Theoretically, the result would be to limit the risk of a general consolidating his power while abroad, and seeking to march on Rome as Sulla himself had done. However, the reforms failed to accomplish their goal. Generals, such as Pompey, would later serve extended military commands. The reforms failed, in part, because more than ten generals were often needed to command the multiple war-zones, and future generals were no less ambitious than was Sulla.[126]
Sulla eliminated the authority of the popular assemblies to pass laws without the approval of the senate.[127] In addition, he enacted laws so that only the Comitia Centuriata could vote on bills[127]. This made the Plebeian Council powerless, and thus weakened the tribunate.
Sulla also stripped the tribunes of most of their powers, other than provactio and their right to address the people.[127] This was meant to make the tribunate a less appealing office for ambitious plebeians. However, the ultimate result of these civil reforms was that the People of Rome became all but powerless. Rome had grown so much by this point that the popular assemblies, especially the Comitia Centuriata, were not representative of the people. Without powerful tribunes to act as their representatives, the constitutional balance was disrupted.[125] The 70's BC were chaotic because of these reforms. The level of public corruption became unprecedented, and the plebeians returned to rioting, which had been their traditional method of venting their grievances.[125]
In 70 BC, Pompey and Crassus restored the power of the tribunate[125]. The result was a burst of vigorous tribunician activity. Often, this involved appointing magistrates to extended proconsular commands. The tribunes sought to make up for the time that they had been powerless because of Sulla. These extended military commands resulted in less vigorous senate oversight of the generals abroad. In addition, the tribunes were seeking to reassert the sovereignty of the popular assemblies, even if at the expense of the senate.[126] At the same time, Sulla had enlarged the senate to such a great extent that it became less coherent than it had been before Sulla. The result was near anarchy, which paved the way for Julius Caesar's rise.[128]
Sulla resigned his dictatorship in 80 BC. In accordance with the terms of his resignation, he was elected consul in 80 BC. He died in 78 BC.
[edit] The Rise of Julius Caesar
- See also: Julius Caesar
Julius Caesar had served as consul in 59 BC. While he served with Marcus Calpurnius Bibulus as his co-consul, Caesar had notoriously dominated the office for the entire year. When his term ended, the senate appointed him pro-consul. It gave him military command of four legions (about 24,000 soldiers) and three provinces (Cisalpine Gaul (northern Italy), Illyricum (the western Balkans), and Transalpine Gaul (southern France). In Gaul, Caesar waged a war against the Gauls. He ultimately won his war, and gave Rome dominance over Gaul. But in 49 BC, his proconsulship was coming to an end. He was facing criminal prosecution for illegal acts that he had committed while consul and pro-consul. While he was in elected office, he had immunity from prosecution. But when his proconsulship ended, he would have been open to prosecution. He demanded that his term in office be extended, but the senate refused. So he took his legions across the Rubicon river into Italy. He started a civil war that he ultimately won. He became dictator, and was assassinated in 44 BC.
[edit] The Birth of the Empire and the Destruction of the Constitution by Augustus
- See also: Augustus, Roman Empire, and Roman Emperor
After Caesar was assassinated, another civil war resulted. The armies of his assassins (the self-proclaimed liberators) fought the armies of his supporters (the Caesarians) for control of Rome. Ultimately, the assassins were defeated. In 31 BC, Caesar's adopted son and heir, Gaius Octavius, defeated Mark Antony at the Battle of Actium. Antony committed suicide, and Octavius became the unchallenged master of the Roman world.
In 27 BC, Octavius offered to give his unlimited powers back to the senate. The senate refused, thus ratifying his power. Historically, this is considered the act that ended the Roman Republic, and created the Roman Empire. Therefore it can be considered the end of the Roman constitution. Octavius would be named Augustus by the Roman Senate, and the first Roman Emperor by later historians (at the time, he simply went by the title [[princeps civium Romanorum|Princeps]], or "first among Roman citizens".[129] This is not to be confused with the princeps senatus, or "first among senators".
[edit] Augustus Reorganizes, Rather than Dismantles, the Constitution
Augustus didn't dismantle the constitutional infrastructure that he had inherited. Rather, he reorganized it, by channeling the levers of power towards himself.
[edit] The Consolidation of Tribunician Powers
Augustus became, in effect, perpetual Tribune when the senate granted him the powers of tribunitia potestas".[130] This allowed him to convene the senate, and have unilateral veto power over the senate (ius intercessionis). With the powers of Tribune, Augustus also had control over the Comitia Tributa, which passed most domestic laws (and elected lower-level magistrates). And since the Comitia Tributa elected new Tribunes every year, Augustus could prevent the election of Tribunes who might oppose him. By becoming perpetual Tribune, he became sacrosanct, so it became a capital offense to harm (or attempt to harm) him. He also had the power to order capital punishment to be used against anyone. Individuals condemed by Tribunes had no right to appeal the decision. These powers were ordinary Tribunician powers. The only thing that was unusual was allowing one person to dominate the office for an unlimited period of time.
[edit] The Consolidation of Censorial Powers
In granting Augustus the power of tribunitia potestas, the senate also made him, in effect, perpetual censor. He had these powers despite the fact that he never actually held the office of censor. By having these powers, Augustus could unilaterally regulate public morality, and could also conduct a census. In addition, Augustus had the unilateral power to appoint new senators, or expel members from the senate.
Thus, by possessing tribunician and censorial powers, Augustus had the complete and sole authority of appointing new senators. More important than his ability to expel senators he disliked, all ways to the senate convened through him. During the late republic and early age of Augustus, there were three ways of becoming a member of the senate:
1. Being chosen by the censors to the senate. Augustus alone possessed censorial powers, and since none held the office of censor after 22 BC, the possibility of being chosen stood on the mercy of Augustus.
2. Being elected to an office in the cursus honorum or, from a certain point, tribune of plebs. Augustus alone possessed tribunician powers, with no one else being granted that power, nor appointed people's tribune. Augustus alone so presided the elections of the lower magistrates, most important of all the office of quaestor, the lowest of the cursus. By presiding at the elections of the magistrates, he could largely influence the outcome, and through helding vaster popular support than any other man, Augustus himself de facto chose which were to be elected quaestors, and also prevent any other man from being appointed co-tribune to him.
3. Being elected to any other office; aedile, praetor, censor or consul (the office of censor was largely reserved for previous consuls). These magistrates were (apart from curule aediles) appointed by the centuriata, thus beyond the range of Augustus' official power. However, the constitutional changes enacted by Sulla around 80 BC (20 years before the birth of Augustus) made it mandatory to seek the office of quaestor before rising further in the cursus honorum, thus making it impossible for any man disliked by Augustus to ever be elected to any public office. Thus, decades after the end of the republic, the senate was loyal to the emperor alone, and by reforming the constitution, granting the senate legislative powers, Augustus had complete control of roman politics and legislation.
[edit] The Consolidation of Consular Powers
After being elected consul an unconstitutional ten times over eleven years (often without a colleague), Augustus gave up the office. However, to pacify the plebeian class (whom by this point were threatening riots and civil unrest) since they demanded Augustus remain consul, the senate gave him consular imperium. In effect, he was given all the powers of a consul, without actually holding the office of consul. His consular imperium gave him military authority over the city of Rome itself, and the ability to executive civil administration. This consular imperium also gave him the ability to influence, or even outright control, the Comitia Centuriata, which elected high ranking magistrates (in particular consuls and praetors). Later, the senate allowed Augustus to wear the consular insignia, and sit in between the two consuls during senate sessions. The result was that his actual powers, combined with his popular support, allowed him to dominate whomever it was that actually held the consulship in a given year.
[edit] The Consolidation of Proconsular Powers
Through his powers as perpetual Tribune, perpetual Censor, and (actual or de facto) consul, Augustus could now unilaterally control the largely-intact legal and civil machinery of the Roman Constitution. But the senate also gave him imperium proconsulare maius ("power over all the proconsuls"), which made him "proconsul of the proconsuls"".[130] Before the rise of Augustus, proconsuls had unilateral military and civil command over their provinces. However, they were largely independent of each other, and had to obey the senate. They were appointed by the senate for fixed terms, and their appointments had to be renewed every few years for them to retain their power. By granting him Tribunician, Censorial, and Consular powers, Augustus was already able to dominate the process by which proconsuls were appointed and reappointed. By granting Augustus imperium proconsulare maius powers, Augustus ended up with the unilateral authority to command all of the proconsuls as well. So ultimately, he ended up with absolute military and civil command over all of the provinces.
[edit] The Reorganization Illusion Fades
Throughout the reign of Augustus, the structure and functionality of the Roman Constitution never actually changed. All that changed was that Augustus ended up with complete control over the workings of the constitution. What made this so extraordinary was that, at its core, the Roman Constitution was designed primarily to prevent the absolute control of the government by a single individual, as it had been under the tyrant King Tarquin Superbus. Thus, by reorganizing the structure of the constitution, Augustus could undermine its primary purpose, while technically not changing it.
When Augustus died in 14 AD, the senate and People of Rome acquiesced when power was transferred to his heir, Tiberius. Tiberius, and later emperors would pick up where Augustus left off. However, the complex constitutional distinctions that Augustus had manufactured, in order to make it appear as though Rome was still being run through constitutionalism (rather than autocracy) melted away during the reigns of future emperors. And as such, the constitutional illusion that Augustus had manufactured to hide the true source of power eventually faded. What Augustus designed to look like a functioning republic eventually faded into monarchy.
[edit] The Legacy of the Roman Constitution
The constitution of the Roman Republic was one of the few constitutions to exist before the 18th century. None of the others are as well known to us today. And none of the others governed such a vast empire for so long. Therefore, the constitution of the Roman Republic was used as a template, often the only one, when the first constitutions of the modern era were being drafted. And because of this, many modern constitutions share a similar, even identical, superstructure (such as a separation of powers and checks and balances) as did the Roman constitution.
[edit] Roman Constitution Series
- Constitution of the Roman Republic
- History of the Constitution of the Roman Republic
- Senate of the Roman Republic
- Legislative Assemblies of the Roman Republic
- Executive Magistrates of the Roman Republic
[edit] See Also
- Roman Republic
- Roman Law
- Plebeian Council
- Centuria
- Curia
- Roman consul
- Praetor
- Roman censor
- Quaestor
- Aedile
- Roman Dictator
- Master of the Horse
- cursus honorum
[edit] Notes
- ^ a b c Byrd, 161
- ^ Insert footnote text here
- ^ a b c d e f g h i j k l m n o Byrd, 20
- ^ a b Lintott, 65
- ^ a b c d Lintott, 67
- ^ a b c Byrd, 18
- ^ a b Byrd, 19
- ^ a b c Lintott, 70
- ^ Byrd, 141
- ^ Byrd, 155
- ^ a b c d e f g h Byrd, 42
- ^ a b Byrd, 43
- ^ Lintott, 69
- ^ a b c Byrd, 96
- ^ a b c d e f g h i j k l m Byrd, 34
- ^ a b Lintott, 21
- ^ a b c Byrd, 44
- ^ Byrd, 181
- ^ a b Lintott, 72
- ^ a b c Byrd, 112
- ^ a b Byrd, 133
- ^ Lintott, 73
- ^ Lintott, 75
- ^ a b Lintott, 78
- ^ Lintott, 82
- ^ Lintott, 83
- ^ Lintott, 84-85
- ^ Byrd, 36
- ^ Lintott, 40
- ^ Lintott, 86
- ^ Taylor, 3
- ^ a b Lintott, 55
- ^ Taylor, 59
- ^ Taylor, 60
- ^ Lintott, 50
- ^ a b c d Lintott, 38
- ^ a b Lintott, 47
- ^ Taylor, 35
- ^ Lintott, 42
- ^ a b c Taylor, 2
- ^ Taylor, 30
- ^ a b Lintott, 43
- ^ Taylor, 108
- ^ Lintott, 62
- ^ a b Lintott, 44
- ^ Lintott, 44-45
- ^ Taylor, 16
- ^ Lintott, 45
- ^ Lintott, 46
- ^ Lintott, 46-47
- ^ Taylor, 40
- ^ Lintott, 48
- ^ Taylor, 8
- ^ a b Taylor, 85
- ^ a b c d Taylor, 86
- ^ a b c Taylor, 87
- ^ Taylor, 88
- ^ a b c d e f g Taylor, 3, 4
- ^ Taylor, 66
- ^ a b Taylor, 7
- ^ Taylor, 63
- ^ Taylor, 6
- ^ Taylor, 64
- ^ Lintott, 51
- ^ Lintott, 52
- ^ Taylor, 66
- ^ Taylor, 77
- ^ Taylor, 76
- ^ a b c d e f g h i Byrd, 31
- ^ a b c d e Byrd, 33
- ^ Lintott, 49
- ^ Taylor, 106
- ^ a b c d Lintott, 37
- ^ Lintott, 39
- ^ a b Lintott, 95
- ^ a b c d e f Byrd, 21
- ^ Lintott, 96
- ^ Lintott, 101
- ^ Lintott, 94
- ^ Lintott, 97
- ^ Lintott, 99
- ^ Lintott, 101-102
- ^ Lintott, 102-104
- ^ a b Lintott, 100
- ^ Byrd, 110
- ^ a b c d e f Byrd, 32
- ^ a b c Lintott, 105
- ^ Lintott, 106
- ^ a b c d e f g h Byrd, 179
- ^ Lintott, 107-109
- ^ Lintott, 109
- ^ a b c Lintott, 116
- ^ a b c d Byrd, 26
- ^ Lintott, 116
- ^ Lintott, 118-120
- ^ a b c Lintott, 119
- ^ Lintott, 120
- ^ Lintott, 35
- ^ Lintott, 135-136
- ^ Lintott, 136
- ^ a b c Lintott, 133
- ^ Lintott, 130
- ^ a b Lintott, 129
- ^ Lintott, 129, 130-131
- ^ a b c Lintott, 121
- ^ a b c d e Byrd, 23
- ^ Byrd, 107
- ^ a b c Byrd, 22
- ^ Lintott, 33
- ^ Lintott, 124
- ^ Lintott, 34
- ^ a b Lintott, 123
- ^ Lintott, 122
- ^ Lintott, 61, 62
- ^ Lintott, 125
- ^ Lintott, 113
- ^ Lintott, 144-145
- ^ Byrd, 105
- ^ a b c Byrd, 24
- ^ a b Lintott, 110
- ^ Lintott, 111
- ^ Lintott, 112
- ^ Lintott, 22
- ^ Byrd, 120
- ^ a b c d e Lintott, 211
- ^ a b Lintott, 212
- ^ a b c Lintott, 210
- ^ Lintott, 213
- ^ Byrd, 156
- ^ a b Byrd, 157
[edit] References
- Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office. Senate Document 103-23
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press. ISBN 0-19-926108-3
- 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] 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.
[edit] External links
[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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