The founding of the republic
According to legend, the Roman Kingdom was founded in 753 BC. After its founding, it was ruled by a succession of seven kings. The last king, Tarquin Superbus, was a tyrant. Tarquin's son, Sextus Tarquinius, raped a noblewoman named Lucretia. Lucretia, the wife of a senator named Lucius Tarquinius Collatinus, committed suicide as a consequence of the rape. Her rape led to a conspiracy to overthrow Tarquin. In 510 BC, a group of senators led by Lucius Junius Brutus expelled Tarquin from the city. With his expulsion, according to legend, the Roman Republic was founded. Brutus and Collatinus were elected the first consuls of the Roman Republic.
To be sure, this is purely legend. But it is legend that probably derives from actual events. It is likely that Rome was ruled by a succession of kings during the first half of the first millenia BC. It is also likely that at some point, a revolution quickly overthrew the monarchy.[1]
=The excutive magistrates
The constitutional changes that occurred immediately after the revolution were probably not as extensive as the legends suggest. The most important constitutional change probably concerned the chief executive. Before the revolution, a rex (king) was elected by the patres ("fathers", or senators) for a life term.
The consuls
Now, two praetores ("leaders") were elected by the citizens for an annual term.[1] These magistrates would eventually be called "consuls". Two of these three changes were of immediate importance.[1] Any chief executive whose term in office expires can be held accountable for his actions after he leaves office. Also, by having a colleague, the risk of a chief executive becoming autocratic is minimized. The third change, having the praetores elected by the citizens (in the "Comitia Curiata") was of minor importance at this time. This was because the citizen electors in the Comitia Curiata were patrician aristocrats.[2] Thus, the aristocracy still chose the chief executive. However, in time, this change would have major consequnces.[1]
The praetores may have also lost some of the religious authority that the king had. These powers, however, were not political in nature. These powers were transferred to the pontiffs, and to a new type of preist (the rex sacrorum).[2]
The chief exuecutive was still vested with the same grade of imperium ("command") powers as was the old king. His political powers, when excersized conjointly with his colleague, were no different from those of the old king.[2]
Since the legendary founding of the republic in 509 BC, plebeians were excluded from all magisterial offices. The two offices they could hold (the tribunate and the aedileship) were not technicaly magisterial offices, since neither officer was elected by all of the People of Rome. In 445 BC, the plebeians made their first attempt win the right to hold magisterial offices.[3] They wanted access to the consulship, but the senate refused to allow this. Instead, a comprimise was reached. The consulship would remain closed to plebeians, but consular powers would be bestowed on military tribunes. These individuals, tribuni militares consulari potestate ("military tribunes with consular powers") would be elected whenever the senate allowed it. They would be elected by the Comitia Centuriata, and the senate could veto any such election.[3] While this office was eventually abandonded, it was the first of many attempts by the plebeians to achieve full political enfranchizement.
Despite the fact that plebeians could be elected to the consular tribunate and the decemvirate, the patricians in the senate were easily able to control the plebeians.[3] Around the year 400 BC, a series of wars began with neighboring tribes (in particular the Aequi, the Volsci, the Latins, and the Veii. During these wars, while the disenfranchized plebeians would fight in the army, the patrician aristrocacy would enjoy the fruits of the continuing military successes. While the farms of the plebeians were falling into disarray, the large estates of the patricians were tended to by armies of slaves.[3]
The plebeians, exhausted and bitter, demanded real concessions. So the tribunes C. Licinius Stolo and L. Sextius passed a law in 377 BC, called the lex satura.[4] The law included several requirements that were meant to improve the economic situation of the plebeians. However, it also required that at least one plebeian be elected consul each year. This law marked the beginning of the end of the Conflict of the Orders.[4]
As the city was growing, it became impossible for two consuls to manage the entire government. The fact that they were often away from Rome, fighting the wars, made this situation worse. Because of this, more offices were created, and powers that had been held by the consuls were transfered to these new offices. In 443 BC the censorship was created.[5] In 366 BC the praetorship was crated. This office was probably created to help the patricians retain some of the powers that they lost when plebeians were allowed to become consuls. This is illustrated by the fact that, at first, only patricians could be elected praetor. Also in 366 BC, the curule aedileship was created[5] and also limited to patricians. The fact that the praetorship and curule aedileship were only open to patricians was probably a concession given by the plebeians when the lex satura was being written.[6]
The tribunes of the plebs
In the year 494 BC, the city was at war with two neighboring tribes (the Aequi and the Volsci).[7] The plebeian soldiers refused to march against the enemy, and instead took up their position on a near-by hill (probably the Aventine). The patricians were desperate to return the soldiers to the battlefield. They quickly agreed to the concessions of the plebeians. The plebeians demanded the right to elect annual officials, who would be able to protect them from the autocratic action of the consuls. The patricians agreed, and the plebeians returned to the war.[7]
The plebeians called these new officials tribuni plebis ("plebeian tribunes" or "tribunes of the plebs"). They probably took this name from the military officers (tribuni militum, or "military tribunes") who led them during their secession.[7] In all likelihood, the first plebeian tribunes were elected by the Plebeian Curiate Assembly. This was simply a Comitia Curiata that consisted only of plebeians organized by curiae.[7] This was the first Concilium Plebis (the Concilium Plebis would later be organized by the tribes). They Plebeian Curiate Assembly also elected two assistants for the tribunes, called aediles plebi ("plebeian aediles").
Now, the plebeians had their own political leaders. While this marked the formal beginning of the Conflict of the Orders, the effects of this change would not be felt for a couple of generations.
During the early years of the tribunate, five tribunes were elected each year. Shortly before the establishment of the deciumvirate, the size of the college was increased to ten tribunes. This allowed the tribunes to extend their protective power over a greater percentage of plebeians.[8]
In the early years of the tribunate, tribunes were not allowed to sit in the senate house during deliberations. During these years, there was so much conflict between the tribunes and the senate (often resulting in mass vetoes), that the government was often dysfunctional.[6] To fix this problem, the senate decided that it should always ask the tribunes for approval on decrees before they were submitted to the senate. The tribunes agreed to this request. As a way to make this process more efficient, the tribunes were allowed to sit in the senate house with the senators.[6] This began a long process by which the tribunes would become close to, prehaps too close to, the senate.
The senate
During the immediate aftermath of the revolution that overthrew the monarchy, there were no alterations in the power of the senate. The only alteration that occurred during this time concerned the membership of the senate.[2] During the monarchy, only patricians (patres or "fathers") were admitted to the senate. Following the revolution, however, a group of plebeians were drafted (conscripti) into the senate. The old senate of patricians (patres) transitioned into a senate of "fathers and conscipted men" (patres et conscripti). These new plebeian senators could not vote on any auctoritas patrum ("authority of the fathers"). They also could not chose an interrex (or be elected interrex).[2]
The Legislative Assemblies
Soon after the revolution that overthrew the monarchy, the Comitia Centuriata became the principle legislative assembly. This transition was a natural one.[2] Before this transition, the Comitia Curiata had been the principle legislative assembly. Its members were patrician aristocrats.
Most matters, however, affected all of the People of Rome. For example, most soldiers in the army were plebeians. The plebeians were not likely to be faithful to a commander-in-chief whom they had no part in choosing, while fighting in a war that they had no part in declaring.[9] The Comitia Centuriata ("Assembly of the Centuries" or "Assembly of the Soliders") was the ideal vehicle through which to empower the People of Rome.[9]
In the Comitia Centuriata, magistrates were elected and laws were passed. Under the old monarchy, the king could condem any citizen. That citizen would have no right to appeal the decision of the king. Following the passage of the lex Valeria (in the year 509 BC, according to legend), any punishment that a magistrate wanted to inflict on a citizen could be appealed to the Comitia Centuriata.[9] This was the first codification of the right of provocatio (a precursor to our own Habeas Corpus).
Around this time, the plebeians assembled into an informal Plebeian Curiate Assembly. This was the original Concilium Plebis. Since they were orginized on the basis of curiae, they remained dependent on their patrician patrons. Thus, the patricians held a great deal of control over this Plebeian Curiate Assembly.
In 471 BC, a law was passed due to the efforts of the tribune Volero Publilius.[10] This law allowed the plebeians to organize by tribe, rather than curiae. Thus, the Plebeian Curiate Assembly became the Plebeian Tribal Assembly. With this change, the plebeians were now independent of their patrician patrons.[10]
During the regal period, the king nominated two quaestors to serve as his assistants. After the overthrow of the monarchy, the consuls appointed these quaestors. However, in 447 BC, Cicero tells us that the quaetors began to be elected by a tribal assembly that was presided over by a magistrate.[11] While we are not told by contemporary accounts specificaly, it seems as though this was the first instance of a joint Patricio-Plebeian Tribal Assembly. This was an enoromus gain for the plebeians. While patricians would have been able to vote, there were very few patricains in Rome, even during these early years. Thus, most of the electors would have been plebeians. However, since the quaestors were elected by all of the People of Rome, they would have had juristiction over both plebeians and patricians. Up until this point, the plebeians (through the Concilium Plebis) only had juristicition over other plebeians. Therefore, for the first time, plebeians acquired indirect authority over patricians.[11]
During the 4th century, a series of laws were passed (the legres Valeriae Horatiae). The result of these reforms was that any law passed by the Concilium Plebis (the Plebeian Tribal Assembly) would have the full force of law. This gave the tribunes (who presided over the Concilium Plebis) a positive character for the first time. Before these laws were passed, tribunes could only interpose the sacrosacntity of their person (intercessio) to veto acts of the senate, assemblies or magistrates.
Roman Constitution Series
- Senate of the Roman Kingdom
- Legislative Assemblies of the Roman Kingdom
- Executive Magistrates of the Roman Kingdom
- History of the Constitution of the Roman Kingdom
- Senate of the Roman Republic
- Legislative Assemblies of the Roman Republic
- Executive Magistrates of the Roman Republic
- History of the Constitution of the Roman Republic
See Also
Notes
References
- Abbott, Frank Frost (1901). "A History and Description of Roman Political Institutions". Elibron Classics. ISBN 0-543-92749-0
- Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office. Senate Document 103-23
- 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
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.
External links
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