Lex Cassia de senatu

Last updated

The lex Cassia de senatu was a Roman law, introduced in 104 BC by the tribune L. Cassius Longinus. [1] The law excluded from the senate individuals who had been deprived of imperium by popular vote [2] [3] or had been convicted of a crime in a popular assembly (Judicium Populi). [4] [5]

Contents

Background

The law was a move to restrain the discretionary power of the senate. [6] It was seen as reinforcing the voice of the Roman people. [7] The provision on magistrates stripped of their imperium was a deliberate attack against Quintus Servilius Caepio, proconsul in 105 BC, whose imperium was removed after the disaster of Arausio. [8]

See also

Related Research Articles

<i>Cursus honorum</i> The sequential order of public offices held by politicians in Ancient Rome

The cursus honorum was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The cursus honorum comprised a mixture of military and political administration posts; the ultimate prize for winning election to each 'rung' in the sequence was to become one of the two consuls in a given year. Each office had a minimum age for election; there were also minimum intervals between holding successive offices and laws forbade repeating an office.

Tribune Elected Roman officials

Tribune was the title of various elected officials in ancient Rome. The two most important were the tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs acted as a check on the authority of the senate and the annual magistrates, holding the power of ius intercessionis to intervene on behalf of the plebeians, and veto unfavourable legislation. There were also military tribunes, who commanded portions of the Roman army, subordinate to higher magistrates, such as the consuls and praetors, promagistrates, and their legates. Various officers within the Roman army were also known as tribunes. The title was also used for several other positions and classes in the course of Roman history.

Praetor Official of the Roman Republic

Praetor, also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected magistratus (magistrate), assigned to discharge various duties. The functions of the magistracy, the praetura (praetorship), are described by the adjective: the praetoria potestas, the praetorium imperium, and the praetorium ius, the legal precedents established by the praetores (praetors). Praetorium, as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his castra, the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship.

Patrician (ancient Rome) Hereditary nobility of ancient Rome

The patricians were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after the Conflict of the Orders. By the time of the late Republic and Empire, membership in the patriciate was of only nominal significance.

Roman dictator Extraordinary magistrate of the Roman Republic

A dictator was a magistrate of the Roman Republic, entrusted with the full authority of the state to deal with a military emergency or to undertake a specific duty. All other magistrates were subordinate to his imperium, and the right of the plebeian tribunes to veto his actions or of the people to appeal from them was extremely limited. In order to prevent the dictatorship from threatening the state itself, severe limitations were placed upon its powers, as a dictator could only act within his intended sphere of authority, and was obliged to resign his office once his appointed task had been accomplished, or at the expiration of six months. Dictators were frequently appointed from the earliest period of the Republic down to the Second Punic War, but the magistracy then went into abeyance for over a century, until it was revived in a significantly modified form, first by Sulla between 82 and 79 BC, and then by Julius Caesar between 49 and 44 BC. The office was formally abolished after the death of Caesar, and not revived under the Empire.

The magister equitum, in English Master of the Horse or Master of the Cavalry, was a Roman magistrate appointed as lieutenant to a dictator. His nominal function was to serve as commander of the Roman cavalry in time of war, but just as a dictator could be nominated to respond to other crises, so the magister equitum could operate independently of the cavalry; like the dictator, the appointment of a magister equitum served both military and political purposes.

<i>Senatus consultum ultimum</i> Ancient Roman state of emergency law

Senatus consultum ultimum, is the modern term given to a decree of the Roman Senate during the late Roman Republic that was passed in times of emergency. It expressed the opinion that to preserve the republic, an urgent threat needed countering. Although an SCU could grant rhetorical or argumentative support to the use of state power, it did not change a magistrate's legal powers or deprive a Roman citizen of his right to a trial.

Curiate Assembly Peoples assembly in ancient rome

The Curiate Assembly was the principal assembly that evolved in shape and form over the course of the Roman Kingdom until the Comitia Centuriata organized by Servius Tullius. During these first decades, the people of Rome were organized into thirty units called "Curiae". The Curiae were ethnic in nature, and thus were organized on the basis of the early Roman family, or, more specifically, on the basis of the thirty original patrician (aristocratic) clans. The Curiae formed an assembly for legislative, electoral, and judicial purposes. The Curiate Assembly passed laws, elected Consuls, and tried judicial cases. Consuls always presided over the assembly. While plebeians (commoners) could participate in this assembly, only the patricians could vote.

Roman consul Political office in ancient Rome

A consul held the highest elected political office of the Roman Republic, and ancient Romans considered the consulship the second-highest level of the cursus honorum after that of the censor. Each year, the Centuriate Assembly elected two consuls to serve jointly for a one-year term. The consuls alternated in holding fasces each month when both were in Rome and a consul's imperium extended over Rome and all its provinces.

Roman tribe

A tribus, or tribe, was a division of the Roman people, constituting the voting units of a legislative assembly of the Roman Republic. The word is probably derived from tribuere, to divide or distribute; the traditional derivation from tres, three, is doubtful.

Roman magistrate Elected official in Ancient Rome

The Roman magistrates were elected officials in Ancient Rome.

Constitution of the Roman Republic Norms, customs, and written laws, which guided the government of the Roman Republic

The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman kingdom, evolved substantively and significantly—almost to the point of unrecognisability—over the almost five hundred years of the republic. The collapse of republican government and norms from 133 BC would lead to the rise of Augustus and his principate.

Roman Constitution

The Roman Constitution was an uncodified set of guidelines and principles passed down mainly through precedent. The Roman constitution was not formal or even official, largely unwritten and constantly evolving. Having those characteristics, it was therefore more like the British and United States common law system than a sovereign law system like the English Constitutions of Clarendon and Great Charter or the United States Constitution, even though the constitution's evolution through the years was often directed by passage of new laws and repeal of older ones.

<i>Fasti Capitolini</i> List of the annual magistrates at Rome down to the time of Augustus

The Fasti Capitolini, or Capitoline Fasti, are a list of the chief magistrates of the Roman Republic, extending from the early fifth century BC down to the reign of Augustus, the first Roman emperor. Together with similar lists found at Rome and elsewhere, they form part of a chronology referred to as the Fasti Annales, Fasti Consulares, or Consular Fasti, or occasionally just the fasti.

Tribal Assembly

The Tribal Assembly was an assembly consisting of all Roman citizens convened by tribes (tribus).

<i>Prorogatio</i>

Prorogatio was a Roman practice in which a Roman magistrate's duties were extended beyond its normal annual term. It developed as a response to Roman expansion's demands for more generals and governors to administer conquered territories.

Marcus Baebius Tamphilus was a consul of the Roman Republic in 181 BC along with P. Cornelius Cethegus. Baebius is credited with reform legislation pertaining to campaigns for political offices and electoral bribery (ambitus). The Lex Baebia was the first bribery law in Rome and had long-term impact on Roman administrative practices in the provinces.

<i>Lex curiata de imperio</i>

In the constitution of ancient Rome, the lex curiata de imperio was the law confirming the rights of higher magistrates to hold power, or imperium. In theory, it was passed by the comitia curiata, which was also the source for leges curiatae pertaining to Roman adoption.

Volero Publilius

Volero Publilius was tribune of the plebs at Rome in 472 and 471 BC. During his time as tribune, he secured the passage of two important laws increasing the independence of his office.

Ballot laws of the Roman Republic Ancient Roman laws

The ballot laws of the Roman Republic were four laws which introduced the secret ballot to all popular assemblies in the republic. They were all introduced by tribunes, and consisted of the lex Gabinia tabellaria of 139 BC, applying to the election of magistrates; the lex Cassia tabellaria of 137 BC, applying to juries except in cases of treason; the lex Papiria of 131 BC, applying to the passing of laws; and the lex Caelia of 107 BC, which expanded the lex Cassia to include matters of treason. Prior to the ballot laws, voters announced their votes orally to a teller, essentially making every vote public. The ballot laws curtailed the influence of the aristocratic class and expanded the freedom of choice for voters. Elections became more competitive. In short, the secret ballot made bribery more difficult.

References

  1. "Harry Thurston Peck, Harpers Dictionary of Classical Antiquities (1898),L, Levee, Lex". www.perseus.tufts.edu.
  2. Berger, Adolf (1953). Encyclopedic Dictionary of Roman Law. The Lawbook Exchange, Ltd. ISBN   9781584771425.
  3. Hunter, William Alexander (1803). A Systematic and Historical Exposition of Roman Law in the Order of a Code. Sweet & Maxwell. p.  63. lex cassia 104.
  4. Hornblower, Simon; Spawforth, Antony; Eidinow, Esther (2012). The Oxford Classical Dictionary. ISBN   9780199545568.
  5. "Ascon. in Cic. Cornel. p78, ed. Orelli, reference via LaucusCurtius".
  6. Steel, Catherine; Blom, Henriette van der (2013). Community and Communication: Oratory and Politics in Republican Rome. OUP Oxford. ISBN   9780199641895.
  7. Millar, Fergus (2002). The Crowd in Rome in the Late Republic. University of Michigan Press. ISBN   0472088785.
  8. Broughton T. Robert S. (1952–1986). The Magistrates of the Roman Republic, American Philological Association, vol. I, p. 559.