Constitution of the Roman Kingdom
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During the years of the Roman Kingdom, the constitutional arrangement was centered around the king. The Roman king had the power to appoint assistants, and delegate to them their specific powers. The senate, which was dominated by the aristocracy, served as the advisory council to the king. Often, the king would ask the senate to vote on various matters, but he was free to ignore any advice given to him by the senate. The king could also request a vote on various matters by the Comitia Curiata (the popular assembly). The Comitia Curiata functioned as a vehicle with which the People of Rome could express their opinions. In it, the people were organized by their respective curiae. The king was also free to ignore any ruling of the Comitia Curiata. However, the Comitia Curiata did have other functions. For example, it was a forum used by citizens to hear announcements. It could also serve as a trial court for both civil and criminal matters.
When a king died, an interrex would be appointed to facilitate the election of a new king. The interrex would find an appropriate nominee, and then submit that nominee to the senate. If the senate approved the nominee, the nominee would be submitted to the Comitia Curiata for a formal election. If the nominee was elected by the Comitia Curiata, the senate would finalize the election. The nominee would then be declared king by the interrex.
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[edit] Senate
The word senate derives from the Latin word senex, which means "old man". Therefore, senate literally means "board of old men." The prehistoric Indo-Europeans who settled Rome in the centuries before the legendary founding of Rome in 753 BC[1] were structured into tribal communities.[2] These communities would often include an aristocratic board of tribal elders.[3]
The early Roman family was called a gens or "clan"[2]. Each clan was an aggregation of families under a common living male patriarch, called a patre (the Latin word for "father"). The patre was the undisputed master of his clan.[4] When the early Roman gens were aggregating to form a common community, the patres from the leading clans were selected[5] for the confederated board of elders (what would become the Roman senate)[4].
In time, the patres came to recognize the need for a single leader. Therefore, they elected a king (rex),[4] and vested in him their sovereign power.[6] When the king died, that sovereign power would naturally revert back to the patres.[4]
The senate of the Roman Kingdom could only be convened by the king.[7] Thus, the king functioned as its sole presiding officer. The senate held three principle responsibilities. It held the sovereign power[8], functioned as a legislative body in concert with the People of Rome (who could assemble into curiae), and served as the council to the king.[7]
[edit] Role as sovereign power
The patres that filled the ranks of the early senate held a position of absolute dominance over their respective families.[4] Since the senate was filled with the patres of the leading families, their individual dominance over their individual families was consolidated into collective dominance over the collective families of the early Roman community. These were the original patrician families.
The king was technically elected by the people. In practice, however, the senate chose each new king. Since the consolidated authority of the patres of the senate chose the king, the king became the embodiment of that authority. Since the authority of each patre over his family (and its dependents) was absolute[4], the king was vested with that absolute authority over those families (thus over the entire state).
[edit] The senate's role in the election of a new king
The period between the death of one king, and the election of a new king, was called the interregnum.[8] The interregnum was the only period during which the senate exercised its sovereign power. When a king died, it was a member of the senate (the interrex) who would nominate a candidate to replace the king.[9] After the senate gave its approval to the nominee, he would then be formally elected by the people.[10] The senate would then give its final approval[9].
[edit] Role in the legislative process
It would be incorrect to view the laws passed during the time of the kingdom as "legislation". In effect, these "laws" were actually the decrees of the king. However, the king would often involve both the senate and the Comitia Curiata (the popular assembly) in the process. However, the king was free to ignore any ruling that the senate or the Comitia Curiata ultimately passed.[1]
[edit] Role as council to the king
During the days of the Roman Kingdom, it was considered to be acceptable if the king chose to ignore any advice of the senate. The senate was, however, an influential advisory council to the king.
[edit] Legislative assemblies
The legislative assemblies of the Roman Kingdom had no real political power. One assembly, the Comitia Curiata, theoretically had some legislative powers.[11] The functions of the other assembly, the Comitia Calata, were purely religious.
[edit] Curiae
During the years of the kingdom, the People of Rome were organized on the basis of units called curiae.[11] All of the People of Rome were divided amongst a total of thirty curiae.[11] Membership in an individual curiae was hereditary. These curiae were the basic units of division in the two popular assemblies.[12].
According to legend, the first curiae were founded by the first Roman king, Romulus.[1] They were eventually organized to resemble the ethnic breakdown of Rome during the period of the kingdom and the early republic[12]. Ten curiae were to consist of Latins, ten were to consist of Sabines, and ten were to consist of Etruscans.
[edit] Comitia Curiata
The Comitia Curiata ("Curiate Assembly") was the only popular assembly with any political significance during the period of the Roman Kingdom.[11] It was organized on the basis of the thirty curiae. The king would preside over the assembly, and submit decrees to it for ratification.[13] An interrex would preside over this assembly during interim periods between kings (the interregnum). The interrex would preside over this assembly as it elected a new king.
[edit] Powers of the Comitia Curiata
Each meeting of this assembly would fall under one of four categories. The assembly might meet to elect a king, to listen to announcements, to hear an appeal, or to vote on legislative matters.[13]
After a king died, the interrex would select a candidate to replace the king.[9] After the nominee received the approval of the senate, the interrex would hold the formal election before the Comitia Curiata. After the Comitia Curiata elected the new king, the senate would ratify that election.
Two times per month (on the kalends and the nones), this assembly would meet to hear announcements.[13] These announcements usually regarded the calendar.
Appeals heard by this assembly often dealt with questions concerning the gentes ("family").[14] In this respect, the assembly had the powers of a family law court. During two fixed days in the spring, the assembly was scheduled to meet to witness wills and adoptions (adrogatio).[13] All other meetings were held on an "as needed" basis.[13] The assembly would often decide these matters under the presidency of the pontifex maximus.[12]
During the years of the Roman Kingdom, this assembly was the principle legislative assembly (comitia).[11] As such, it was responsible for ratifying laws and (theoretically) electing the king. However, the rejection of such laws by the assembly would not prevent their enactment.
[edit] Comitia Calata
The Comitia Calata ("Calate Assembly") was the oldest of the Roman assemblies. Very little is known about this assembly. Like the Comitia Curiata, the Comitia Calata was also organized on the basis of the thirty curiae. The purpose of this assembly was to decide various religious matters (such as inaugurating priests and selecting Vestal virgins[15]). The pontifex maximus presided over this assembly.
[edit] Executive magistrates
During the period of the Roman Kingdom, the king was the sole executive magistrate.[16] His power, in practice, was absolute. The king would have several assistants. When a king died, an interrex would be selected to facilitate the election of a new king.
[edit] The king of Rome
The king was the chief executive[16], chief priest, chief lawgiver, chief judge, and the sole commander-in-chief[16] of the army.[14]
[edit] The election of a new king
The king of Rome was technically elected by the People of Rome. In practice, however, the senate held the real power over the election of new kings.
The period between the death of a king, and the election of a new king, was known as the interregnum.[3] During the interregnum, the senate would choose an interrex[9] to facilitate the election of a new king. The interrex would nominate an individual for election as king, and then the senate would vote on that nominee. If the senate voted in favor of the nominee, that person would stand for formal election before the People of Rome in the Comitia Curiata (popular assembly).[9] After the nominee was elected by the Comitia Curiata, the senate would ratify the election by passing the auctoritas patrum.[9] The interrex would then declare the nominee to be king.
The new king would then take the auspices, and be vested with imperium following the enactment of the lex curiata de imperio by the Comitia Curiata.[9]
[edit] Powers of the king
According to Sallust, the grade of imperium possessed by the king (following the passage of the lex curiata de imperio by the Comitia Curiata) was known as imperium legitimum.[14] This probably meant that the only restriction on the king was that he observe the mos maiorum (precedent).[14] The practical result was that the king had no real restrictions on his power.
[edit] Voluntary restrictions by the king on his power
The king would sometimes abide by the one restriction on his power (that he observe precedent). For example, the king would typically want to have declarations of war ratified by the Comitia Curiata. Such a ratification was unnecessary, but would serve to assure the king that he had the support of the people (who would fight in such a war).[13]
[edit] Assistants to the king
Several officers would be chosen to assist the king.[5]
When the king left the city, a substitute (the praefectus urbi or "city prefect") would preside over the city in place of the absent king.[5] The king also had two quaestors (quaestores parricidii) as general assistants. Several officers, known as duumviri perduellionis, would assist the king during treason cases. In war, the king would occasionally delegate command over the cavalry to a tribunus celerum.[5]
[edit] Interrex
When the king (Latin: rex) died, his powers would revert to the senate.[8] The period that would begin upon the death of a king, and end upon the election of a new king, was called the interregnum. When an interregnum began, an interrex would be chosen.[9]
[edit] Selection of the interrex
The method by which the first interrex was chosen during a given interregnum is not known.[9] What is known, however, is that each interrex would have to vacate his office after five days, and appoint a successor.[9]
[edit] The powers of the interrex
The only difference between the king and the interrex was the five day term limit that the interrex was subject to.[9] The interrex had the same level of imperium as did the king. Therefore, while the interrex was required to facilitate the election of a new king, the powers of the interrex were not limited to this function.
[edit] See also
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[edit] References
- Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics (ISBN 0-543-92749-0).
- Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23.
- Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. London: Edmund Spettigue. Vol. 1.
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).
- Polybius (1823). The General History of Polybius: Translated from the Greek. By Mr. Hampton. Oxford: Printed by W. Baxter. Fifth Edition, Vol 2.
- Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press (ISBN 0-472-08125-X).
[edit] Notes
- ^ a b c Abbott, 3
- ^ a b Abbott, 1
- ^ a b Abbott, 12
- ^ a b c d e f Abbott, 6
- ^ a b c d Abbott, 16
- ^ Byrd, 42
- ^ a b Abbott, 17
- ^ a b c Abbott, 10
- ^ a b c d e f g h i j k Abbott, 14
- ^ Byrd, 20
- ^ a b c d e Abbott, 18
- ^ a b c Byrd, 33
- ^ a b c d e f Abbott, 19
- ^ a b c d Abbott, 15
- ^ Lintott, 49
- ^ a b c Abbott, 8
[edit] Further reading
- Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
- Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
- Mommsen, Theodor. Roman Constitutional Law. 1871-1888
- Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
- Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
- The Histories by Polybius
- Cambridge Ancient History, Volumes 9–13.
- A. Cameron, The Later Roman Empire, (Fontana Press, 1993).
- M. Crawford, The Roman Republic, (Fontana Press, 1978).
- E. S. Gruen, "The Last Generation of the Roman Republic" (U California Press, 1974)
- F. Millar, The Emperor in the Roman World, (Duckworth, 1977, 1992).
- A. Lintott, "The Constitution of the Roman Republic" (Oxford University Press, 1999)
[edit] Primary sources
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius
[edit] Secondary source material
- Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu
- The Roman Constitution to the Time of Cicero
- What a Terrorist Incident in Ancient Rome Can Teach Us
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