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] The Roman constitution wasn't formal or even official. Its constitution was largely unwritten, uncodified, and constantly evolving. 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.
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[edit] The Senate
The senator and one-time consul Cicero also believed the senate to be superior to the other branches of government.[2] Cicero noted that the senate was a self-sustaining and continuous body. The senate's auctoritas ("authority") derived from this self-sustaining trait. All of the senate's powers derived from its auctoritas.[3]
The senate's auctoritas derived from the esteem and prestige of the senate.[3] This esteem and prestige was based on both precedent and custom (mos maiorum, or "customs of the ancestors"), as well as the high caliber and prestige of the senators.[4] As the senate was the only political institution that was eternal and continuous (compared to, for example, the consulship, which expired at the end of every yearly term), to only it belonged the dignity of the antique traditions.[3]
[edit] Senatorial powers
The focus of the Roman senate was directed towards foreign policy.[5] While its role in military conflict was officially advisory, the senate was ultimately the force that oversaw 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.
The senate managed the civil administration in the city. For example, only the senate could authorize the appropriation of public monies from the treasury.[5] In addition, the senate would try individuals accused of political crimes (such as treason).[5]
The senate passed decrees, which were called senatus consultum. This was officially "advice" from the senate to a magistrate. In practice, however, these were usually obeyed by the magistrates.[6]
Up until 202 BC, a dictator would be appointed during extreme military emergencies. The senate would authorize the consul to nominate a dictator. After the 202 BC, the senate would respond to extreme emergencies by passing the senatus consultum ultimum ("ultimate decree of the senate"). Upon the passage of this decree, civil government would be suspended, and (something analogous to) martial law would be declared.[7] When this occurred, the consuls would, in effect, have the powers of a dictator.
[edit] Senate procedure
The rules and procedures of the Roman senate were both complex and ancient. Many of these rules and procedures originated in the early years of the republic, and were upheld over the centuries under the principle of mos maiorum ("customs of the ancestors").
[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[8]. As long as one was within one mile (1.6 km) of the pomerium, they were inside the political boundary of the city.
The senate was as much a religious institution, as it was a political institution. As such, it operated while under various religious restrictions. 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.[9]
[edit] The presiding officer and senate debates
Meetings usually began at dawn. A magistrate who wished to summon the senate would have to issue an order called a cogere. Usually the presiding magistrate would be either a consul[10] or a praetor. While in session, the senate had the power to act on its own. The presiding magistrate would often begin each meeting with a speech called a verba fecit.[11] 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[8]. Since all meetings had to end by nightfall[6], a senator could talk a proposal to death (a filibuster or diem consumere), if they could keep the debate going until nightfall.[11]
[edit] Procedure, minority rights, and final votes
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[8], with senators voting by taking a place on either side of the chamber.
There was an absolute right to free speech in the senate.[8] During senate sessions, senators had several ways in which they could influence (or frustrate) a presiding magistrate. When a presiding 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"). Any vote would always be between a proposal and its negative.[12]
Once a vote was held, any motion that passed could be vetoed. Usually, vetoes were handed down by plebeian tribunes.[13] If the senate proposed a bill that the tribune did not agree with, he would make his displeasure known. If the senate refused to comply with his wishes, the tribune would literally 'interpose the sacrosanctity of his person'[14] (intercessio) to physically prevent the senate from acting. Any resistance against the tribune would be tantamount to a violation of his sacrosanctity, and thus would be considered a capital offense.
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. Each senatus consultum was transcribed into a document by the presiding magistrate. The document was then deposited in the aerarium (treasury).[6]
If a senatus consultum conflicted with a lex ("law") that was passed by a popular assembly, the lex would override the senatus consultum.[14] A senatus consultum, however, could serve to interpret a lex.[15]
[edit] Legislative Assemblies
There were two types of Roman assembly. The first was the comitia ("committee"). [16] Comitiae were assemblies of all citizens (populus Romanus, or "People of Rome").[17] Comitiae were used for official purposes, such as for the enactment of laws. Acts of a comitia applied to all of the members of that comitia (and thus, of all of the People of Rome).
The second type of assembly was the concilium ("council"). Concilia were forums (fora) where specific groups of people would meet for an official purpose (such as to enact a law).[17] For example, the concilium plebis would be a concilium where plebeians would meet.[18] Acts of a concilium would only apply to the members of that concilium. This is why, for example, acts of the plebeian concilium (plebiscites) originally applied only to plebeians.
In contrast to the comitia and the concilium, a conventio ("convention") was an unofficial forum for communication. This was simply a forum where Romans would meet for specific unofficial purposes, such as to hear a political speech.[16] Ordinary citizens could only speak before a conventio (and not before a comitia or concilium).[19] These conventiones were simply meetings, rather than any mechanism through which to make legal decisions. As such, the voters would first assemble into conventiones to hear speeches, and then into comitiae or concilia to actually vote. [20]
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. On the day of the assembly, the electors would assemble into a conventio ("convention").[20] While in the conventio, speeches would be heard, and any bill would be read to the assembly by a herald. The electors would then be told toassemble into their respective centuries or tribes. Ballots would be collected into selected baskets, counted, and the results would be reported to the presiding magistrate. The majority of votes in any century, tribe or curiae would decide how that century, tribe, or curiae voted. Each century, tribe and curiae received exactly one vote.[21] If the process had not been completed by nightfall, the electors would be dismissed without having reached a decision. The process would have to begin again the next day.[22]
[edit] Assembly of the Curiae
During the first decades of the republic, the People of Rome were organized into thirty curiae.[23][24][25] The curiae were organized on the basis of the clans (ethnic kinships).[26] During this time, neither centuries nor tribes were used for political purposes. The curiae would assemble for legislative, electoral and judicial purposes into an assembly of curiae called the Comitia Curiata.
During the first decades of the republic, consuls would preside over the Curiate Assembly.[27] Shortly after the founding of the republic, the powers of the Comitia Curiata were transferred to the Comitia Centuriata and the Comitia Tributa (specifically, the Century Assembly the the Tribal Assembly).[24]
The now-obsolete Comitia Curiata would still be presided over by a consul[10]. Any law passed by the Comitia Curiata could be vetoed by a tribune. In addition, the activity of the assembly could be interfered with by the auspices.[25]
After it had fallen into disuse, the primary legislative role of the Comitia Curiata was to pass the annual lex curiata de imperio. Theoretically, this was necessary to ratify the election of consuls and praetors by granting them imperium powers. In practice, however, this may have been a ceremonial (and unnecessary) task.[25]
The curiae were organized on the basis of clan (or ethnic kinship).[26] Therefore, long after the Comitia Curiata had lost most of its political powers, it retained jurisdiction over clan matters.[27] Under the presidency of the Pontifex Maximus[24], it would witness wills and ratify adoptions (adrogatio)[24]. It would also inaugurate certain priests, and transfer citizens from patrician class to plebeian class.
[edit] Assembly of the Centuries
During the years of the Roman Republic, citizens were organized on the basis of centuries (for military purposes) and tribes (for civil purposes). Each of the two blocks (centuries and tribes) gathered into an assembly for legislative, electoral, and judicial purposes. The Comitia Centuriata ("Century Assembly" or "Army Assembly") was the assembly of the centuries.
The president of the Comitia Centuriata was usually a consul[10]. Since these magistrates were elected by the Comitia Centuriata, they were considered to be the elected representatives of the Comitia Centuriata. Thus, the Comitia Centuriata was presided over by its own elected representative.
The 193 centuries[28] in the Comitia Centuriata were divided into three different grades. These were the equites, pedites and unarmed adjuncts.[29][28] The equites (cavalry) were the higher ranking soldiers who fought on horseback. They represented the elite of the army, and thus the officer class.[29] The equites were organized into eighteen centuries.[28]
The 170 centuries of pedites constituted the foot soldiers (infantry) of the Roman army. The pedites were divided into five classes,[28] with each of the five classes divided evenly between centuries of iuniores (younger soldiers) and seniores (older soldiers).[28]
The unarmed soldiers were divided into the final five centuries. Four of these centuries were composed of artisans and musicians (such as trumpeters and horn blowers). The fifth century, the proletarii, consisted of soldiers with little or no property.[30] [31]
The Comitia Centuriata had originally been organized in a highly aristocratic manner. Later Romans believed that the legendary king Servius Tullius had been the individual who instituted this original design (the "Servian Organization").[28] Under the Servian Organization, the assembly was so aristocratic that the officer class (cavalry) and the first class of infantry controlled enough centuries for an outright majority. In 241 BC, the assembly was reorganized, and made much more democratic.[32] Under the old system, there were a total of 193 centuries. Under the new system, there were a total of 373 centuries. Now, majorities usually could not be reached until the third class of infantry had begun voting.
The seven classes (one class of cavalry, five classes of infantry, and one class of unarmed soldiers) would vote by order of seniority. The centuries in each class would vote, one at a time, until the entire class had voted. According to Cicero, the assembly was deliberately arranged in this way so that the masses would not have much power.[33] 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.[34]
Only the Comitia Centuriata could elect consuls, praetors and censors. In addition, only it could declare offensive war.[35] The Comitia Centuriata could also pass a law that would grant imperium powers (constitutional authorization to command an army) to consuls and praetors and censorial powers to censors.[35] Only this assembly could ratify the results of a census.[25] It also served as the highest court of appeal in certain judicial cases (in particular, cases involving capital punishment).[36]
[edit] Assembly of the Tribes
During the years of the Roman Republic, the tribes would gather into two different assemblies. These two assemblies were the Concilium Plebis (the "Plebeian Council") and the Comitia Tributa (the "Tribal Assembly"). In effect, the Concilium Plebis was an "Assembly of the Plebeian Tribes", while the Comitia Tributa was an "Assembly of the Patricio-Plebeian Tribes".[37]
The only difference between the two assemblies was that patricians could not vote in the Concilium Plebis. Since patricians were excluded, the Plebeian Tribal Assembly did not constitute the entire populus Romanus ("Roman People"). Because of this, the Plebeian Tribal Assembly could not elect magistrates. Instead, the Plebeian Tribal Assembly elected their own officers (plebeian tribunes and plebeian aediles).[38]
The president of the Comitia Tributa was usually a consul[10]. Several additional magistrates would be present during meetings, to serve as adjuncts. Their primary purpose was to help resolve procedural disputes.[39] The Comitia Tributa elected quaestors, curule aediles, and military tribunes.[40]. It also had the power to try judicial cases. While the Comitia Tributa had the power to enact new laws, it rarely exercised this power.
The two tribal assemblies were composed of thirty-five blocks known as "tribes". The tribes were not ethnic or kinship groups. Tribal divisions were geographical.[41] The order that the thirty-five tribes would vote in was selected randomly by lot. The order was not chosen at once. Instead, after each tribe had voted, a lot was used to determine which tribe would vote next. [42] Once a majority of tribes had voted the same way, voting would end.
[edit] Council of the Plebeians
Before the first plebeian secession (in 494 BC), the plebeians probably did gather into an assembly on the basis of the curiae. However, this assembly probably had no political role until the offices of plebeian tribune and plebeian aedile were created and formally sanctioned shortly after that secession. The plebeian tribune began presiding over the Council of the Plebeians ("Concilium Plebis" or "Plebeian Council") shortly after 494 BC. This assembly would elect the plebeian tribunes and the plebeian aediles,[38] and pass legislation (plebiscite) which would only apply to the plebeians.
Around the year 471 BC,[38] the council reorganized. It began to use the tribes, rather than the curiae, as its basis for organization. When they were organized by curiae (and thus by clan), the plebeians were dependent on their patrician patrons. When they transitioned to a tribal organization (an organization based on geography rather than clan), the plebeians were no longer dependent on those patricians.[43]
After 471 BC, the council continued to elect tribunes and aediles. Following the passage of a series of laws, the cornerstone of which was the Lex Hortensia in 287 BC, laws passed by the Concilium Plebis ("plebiscites") had the full force of law. Before this point, the plebiscites only applied to the class that enacted them (the plebeians).[44] After this point, however, plebiscites applied to all of the People of Rome. From this point on, most legislation that was passed came from the Concilium Plebis. Since the Concilium Plebis was composed only of plebeians, it was more populist than the Comitia Tributa. Therefore, it was usually the engine behind the more controversial reforms (such as those of the tribunes Tiberius and Gaius Gracchus).
[edit] Executive Magistrates
Each magistratus was vested with a degree of maior potestas ("major powers").[45] Magistrates with more maior potestas outranked magistrates with less maior potestas. Dictators had more maior potestas than any other magistrate. After the dictator was the censor, and then the consul, and then the praetor, and then the curule aedile, and then the quaestor. Each magistrate could only veto an action that was taken by a magistrate with an equal or lower degree of maior potestas. Thus, no magistrate could veto an act of the senate or assemblies (since neither institution possessed any maior potestas).
Since plebeian tribunes and plebeian aediles were technically not magistrates,[38] they were outside of the maior potestas standard. In general, this made them independent of the other magistrates.[10][45] This was the reason they, for example, could not have their actions vetoed by consuls. The tribune did not rely on maior potestas to obstruct (veto) magistrates, assemblies, or the senate. Tribunes relied on the sacrosanctity of their person to obstruct. If a magistrate, an assembly or the senate did not comply with the orders of a tribune, the tribune could 'interpose the sacrosanctity of his person' [14] (intercessio) to physically stop that particular action. Any resistance against the tribune would be tantamount to a violation of his sacrosanctity, and thus would be considered a capital offense.
Any magistrate could obstruct ("veto") an action that was being taken by a magistrate with an equal or lower degree of maior potestas. If this obstruction occurred between two magistrates with equal maior potestas (such as two praetors), then it would be called par potestas.[46] This form of obstruction wasn't a veto so much as it was a negation of actions. To prevent par potestas, magistrates used a principle of alteration, assigned responsibilities by lot or seniority, or gave certain magistrates control (provinciae) over certain functions.[47] This was the reason why, for example, each consul would hold the fasces for a month, and then hand the fasces off to his colleague.[48]
If this obstruction occurred against a magistrate with a lower degree of maior potestas (such as a consul acting against a praetor), then it would be called intercessio.[46] In this instance, the magistrate would interpose his higher maior potestas to overrule the lower ranking magistrate.
[edit] The powers of the magistrates
Each republican magistrate held certain constitutional powers (potestas). Potestas included imperium, coercitio, and auspicia. Potestas was counter-balanced by several constitutional restraints (collega, provocatio, and provincia). Not every magistrate held the same powers, and not every magistrate was subject to the same restraints. Only the People of Rome (both plebeians and patricians) had the right to confer potestas on any individual magistrate.[49]
The most powerful form of potestas was imperium. Imperium was held by both consuls and praetors. Defined narrowly, imperium simply gave a magistrate the authority to command a military force. Defined more broadly, however, imperium gave a magistrate the constitutional authority to issue commands (military, diplomatic, civil, or otherwise). A magistrate's imperium was at its apex while the magistrate was abroad. While the magistrate was in the city of Rome itself, however, he would have to completely surrender his imperium.[50].
All magistrates had the power of coercitio (coercion). Coercitio was used by magistrates to maintain public order.[51] While in Rome, all citizens had an absolute protection against coercitio. This protection was called provocatio (see below). Provocatio required an appeal to a tribune.[52] Since no tribune could retain his powers outside of the city of Rome, the power of coercitio outside the city of Rome was absolute.
Magistrates had both the power and the duty to look for omens (auspicia). An omen was an event which was believed to be a sign from the Gods (prodigies). The auspices could be used to obstruct (obnuntiatio) political opponents. By claiming to witness an omen, a magistrate could justify the decision to end a legislative or senate meeting, or the decision to veto a colleague.
[edit] Limitations on magisterial power
Roman magistrates had several checks on their power. Three of these checks were collega, provocatio, and provincia. While a magistrate was in the city of Rome, collega and provocatio were at their apex. While the magistrate was abroad, provincia was the principle check on the power of a magistrate. Magistrates were also checked by limits on the duration of their terms in office.
One check over a magistrate's power was collega (collegiality). Each magisterial office would be held concurrently by at least two people. For example, two consuls always served together. Any magistrate could veto (par potestas) the actions of his colleague.[53]
Another check over the power of a magistrate was provocatio. Provocatio was a primordial form of due process. It was a precursor to our own habeas corpus. 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 have to intervene. The tribune would have the power to unilaterally rescue that citizen. The magistrate in question could not carry out his action against that citizen until the tribune had made a final decision on the matter.[52] Provocatio was the check on the magistrate's power of coercitio (coercion).
An additional check over a magistrate's power was that of provincia. Provinicia required a division of responsibilities. For example, individual governors of the provinces would each have supreme command over their province. Under the principle of provincia, these governors could not take their armies into another province.[54]
Once a magistrate's annual term in office expired, he would have to wait ten years before serving in that office again. Since this did create problems for some magistrates (in particular consuls and praetors), these magistrates would occasionally have their imperium "prorogued" (prorogare). In effect, they would retain the powers of the office (as a promagistrate), without officially holding that office. In practice, they would usually act as provincial governors.[55]
[edit] Magistrates
By definition, a magistrate (magistratus) was an individual who was elected by the People of Rome (populus Romanus). As such, they were considered to be a representative of all of the People of Rome. Each magistrate was vested with a degree of power (maior potestas).
[edit] Consuls
The consul of the Roman Republic was the highest ranking ordinary magistrate[10][50]. The supreme power of the consul was a consequence of the fact that no ordinary magistrate held a higher degree of maior potestas than the consul (other than the censor, who did not have imperium). The maior potestas of the consul was illustrated by the twelve lictors who accompanied each consul. The lictors were bodyguards who carried a ceremonial axe known as the fasces. The fasces symbolized the power of the state to punish and to execute. Their maior potestas was also illustrated by the fact that they could sit in a curule chair. The curule chair was a symbol of high power. Consuls were elected by the Comitia Centuriata. The consular term would last for one year[56][50]. The consul would always serve with another consul as his colleague.
Throughout the year, one consul would be superior in rank to the other consul. To prevent par potestas, this ranking would flip every month, between the two consuls.[48] The consul who was superior in a given month would hold the fasces[57]. After a consul left office, he had to wait for ten years before standing for reelection to the consulship.[58]
Consuls had supreme power in both civil and military matters. While in the city of Rome, the consul who held the fasces was the head of the Roman government.[10] The management of the government would be under the ultimate authority of that consul. He would have to enforce laws passed by the assemblies[59] and policies enacted by the senate.[59] He would act as the chief diplomat, and facilitate interactions between foreign ambassadors and the senate.[10] He would preside over the senate, the Comitia Centuriata, and the Comitia Tributa.[10][59]
The consul was vested with the highest level of ordinary imperium. While abroad, each consul would command an army.[10][59] Usually, the two consular armies would not fight together. In this instance, neither consul was limited by a colleague. When the two consular armies did fight together, however, the fasces would alternate between the two consuls every twenty-four hours. While abroad, neither the senate, the assemblies, nor a tribune could obstruct a consul. Therefore, his authority would be nearly absolute.[10]
[edit] Praetors
Praetors would administer civil law[60] and command provincial armies. They were elected by the Comitia Centuriata. When both consuls were away from Rome, the urban praetor would govern the city[60] as an "interim-consul".
Some praetors (praetor urbanus) helped to manage the central government. They would administer civil law or act as chief judges over the courts. Other praetors (praetor peregrinus) had foreign affairs-related responsibilities. Often these praetors would act as governors of the provinces.[61]
[edit] Censors
Every five years, two censors would be elected by the Comitia Centuriata for an eighteen month term. After the censors had been elected, the Comitia Centuriata granted the new censors censorial power (through the passage of the lex potestate de censoria).
Censors did not have imperium powers. Because of this, they could convene neither the senate nor the legislative assemblies. However, they did have curule chairs, and they theoretically outranked the consuls. Since they had more maior potestas ("major powers") than any other magistrate, their actions could only be vetoed by a fellow censor (or by a tribune). 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.[62]
During their term in office, the two censors would conduct a census. During the census, they could enroll citizens in the senate, or purge them from the senate.[63] They would do this by promoting the citizen to the senatorial class (or by demoting him from the senatorial class). They could also enroll citizens in the equestrian order.[63] During the census, the censor would have to update the list of citizens and property in the city. This would require the censor to learn various details about every citizen's life. These investigations sometimes led the censor to take actions ("censorship") against citizens to punish them for various moral failings. Such failings may have included bankruptcy or cowardice. As punishment ("censure"), the censor could fine a citizen.[64], or sell his property.[63]
Once the census was complete, a religious ceremony known as the lustrum would be performed by the censor. The lustrum acted as the certification of the census.[65]
[edit] Aediles and quaestors
Aediles were officers elected to conduct domestic affairs in Rome. 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.[66] The Concilium Plebis, under the presidency of a tribune, would elect the two plebeian tribunes.
Aediles had wide ranging powers over day-to-day affairs inside the city of Rome. They had the power over markets, and over public games and shows[44]. They also had the power to repair and preserve temples, sewers and aqueducts.[67]
The office of quaestor was considered to be the lowest ranking of all major political offices[44]. The quaestors were elected by the Comitia Tributa.[44]. They would usually assist the consuls in Rome, and the governors in the provinces. Their duties were often financial.
[edit] Plebeian tribunes and plebeian aediles
Since the plebeian tribunes and plebeian aediles were elected by the plebeians, rather than by all of the People of Rome, they were technically not "magistrates". Even the term magistratus plebeii is technically a contradiction.[68] The tribunes and the aediles were both elected by the Concilium Plebis. The plebeian tribunes had plebeian aediles as assistants. These aediles had similar functions as curule aediles, and are discussed above.
Since the tribunes were considered to be the embodiment of the plebeians, they were sacrosanct[13]. Their sacrosanctity was enforced by a pledge, taken by the plebeians, to kill any person who harmed or interfered with a tribune during his term of office. All of the powers of the tribune derived from their 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[13]. Since they were independent of all other magistrates,[59] they could only have their actions vetoed by fellow tribunes.
The sacrosanctity of a tribune (and thus all of his tribunician powers), were only in effect so long as that tribune was within the city of Rome. If the tribune was abroad, the plebeians in Rome could not enforce their oath to kill any individual who harmed or interfered with the tribune.
Tribunes had the authority to enforce the right of provocatio. This was a theoretical guarantee of due process, and was a precursor to our own habeas corpus. If a magistrate was threatening to take action against a citizen, that citizen could yell "provoco ad populum". If effect, this was an appeal of the magistrate's decision to a tribune.[52] A tribune would have to assess the situation, and give the magistrate his approval before the magistrate could carry out the action. Any action taken in spite of a valid provocatio was on its face illegal.[48]
Tribunes could use their sacrosanctity to order the use of capital punishment against any person who interfered with their duties[13]. Tribunes could also use their sacrosanctity as protection when physically manhandling an individual, such as when arresting someone.[69] In addition, tribunes could physically interpose themselves [14] (intercessio) against a magistrate, the senate, or an assembly. This took the form of a veto.[70] If a magistrate, the senate, or an assembly refused to abide by a tribune's veto, that tribune could use his sacrosanctity as protection, and physically force compliance.
In addition, tribunes would preside over the Concilium Plebis. Therefore, they had the ability to open sessions, close sessions, and introduce bills before the council.[71]
[edit] The dictator and the "ultimate decree of the senate"
In times of military emergency, a dictator would be appointed for a term of six months[72]. Constitutional government would dissolve, and the dictator would become the absolute master of the state.[56] 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. The dictator would then appoint a magister equitum ("master of the horse") to serve as his most senior lieutenant[57]. Often the dictator would resign his office as soon as the matter that caused his appointment was resolved[72]. When the dictator's term ended, constitutional government was restored.
The last ordinary dictator was appointed in 202 BC. After 202 BC, extreme emergencies were addressed through the passage of the senatus consultum ultimum ("ultimate decree of the senate"). This suspended civil government, and declared (something analogous to) martial law.[7] It would declare "videant consules ne res publica detrimenti capiat" ("let the consuls see to it that the state suffer no harm"). In effect, the consuls would be vested with dictatorial powers.
There were several reasons for this change. During the third century BC, a series of laws were passed which placed additional checks on the power of the dictator.[7] Also, in 217 BC, a law was passed that gave the popular assemblies the right to nominate dictators. This, in effect, eliminated the monopoly that the aristocracy had over this power.[7]
[edit] See also
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[edit] References
- Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics (ISBN 0-543-92749-0).
- Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23.
- Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. London: Edmund Spettigue. Vol. 1.
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).
- Polybius (1823). The General History of Polybius: Translated from the Greek. By Mr. Hampton. Oxford: Printed by W. Baxter. Fifth Edition, Vol 2.
- Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press (ISBN 0-472-08125-X).
[edit] Notes
- ^ Byrd, 161
- ^ Lintott, 67
- ^ a b c Byrd, 96
- ^ Cicero, 239
- ^ a b c Polybius, 133
- ^ a b c Byrd, 44
- ^ a b c d Abbott, 240
- ^ a b c d Byrd, 34
- ^ Lintott, 72
- ^ a b c d e f g h i j k Polybius, 132
- ^ a b Lintott, 78
- ^ Lintott, 83
- ^ a b c d Byrd, 23
- ^ a b c d Polybius, 136
- ^ Abbott, 233
- ^ a b Lintott, 42
- ^ a b Abbott, 251
- ^ Lintott, 43
- ^ Abbott, 252
- ^ a b Taylor, 2
- ^ Taylor, 40
- ^ Lintott, 48
- ^ Cicero, 211
- ^ a b c d Byrd, 33
- ^ a b c d Taylor, 3, 4
- ^ a b Abbott, 250
- ^ a b Abbott, 253
- ^ a b c d e f Cicero, 226
- ^ a b Taylor, 85
- ^ Cicero, 227
- ^ Abbott, 21
- ^ Abbott, 75
- ^ Cicero, 226-227
- ^ Taylor, 87
- ^ a b Abbott, 257
- ^ Cicero, 241
- ^ Abbott, 259
- ^ a b c d Abbott, 196
- ^ Taylor, 63
- ^ Taylor, 7
- ^ Lintott, 51
- ^ Taylor, 77
- ^ Abbott, 260
- ^ a b c d Byrd, 31
- ^ a b Abbott, 151
- ^ a b Abbott, 154
- ^ Abbott, 155
- ^ a b c Cicero, 236
- ^ Lintott, 95
- ^ a b c Byrd, 20
- ^ Lintott, 97
- ^ a b c Cicero, 235
- ^ Lintott, 101
- ^ Lintott, 101-102
- ^ Lintott, 113
- ^ a b Cicero, 237
- ^ a b Byrd, 42
- ^ Byrd, 110
- ^ a b c d e Byrd, 179
- ^ a b Byrd, 32
- ^ Lintott, 107-109
- ^ Lintott, 100
- ^ a b c Byrd, 26
- ^ Cicero, 240
- ^ Lintott, 119
- ^ Lintott, 130
- ^ Lintott, 129, 130-131
- ^ Abbott, 152
- ^ Lintott, 123
- ^ Lintott, 122
- ^ Lintott, 34
- ^ a b Byrd, 24
[edit] Further reading
- Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
- Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
- Mommsen, Theodor. Roman Constitutional Law. 1871-1888
- Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
- Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
- The Histories by Polybius
- Cambridge Ancient History, Volumes 9–13.
- A. Cameron, The Later Roman Empire, (Fontana Press, 1993).
- M. Crawford, The Roman Republic, (Fontana Press, 1978).
- E. S. Gruen, "The Last Generation of the Roman Republic" (U California Press, 1974)
- F. Millar, The Emperor in the Roman World, (Duckworth, 1977, 1992).
- A. Lintott, "The Constitution of the Roman Republic" (Oxford University Press, 1999)
[edit] Primary sources
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius
[edit] Secondary source material
- Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu
- The Roman Constitution to the Time of Cicero
- What a Terrorist Incident in Ancient Rome Can Teach Us
