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Constitution |
Political institutions |
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Senatus consultum ultimum |
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The Senate of the Roman Kingdom was a political institution in the ancient Roman Kingdom. The word senate derives from the Latin word senex , which means "old man". Therefore, senate literally means "board of old men" and translates as "Council of Elders". 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 tribal communities often included an aristocratic board of tribal elders, who were vested with supreme authority over their tribe. [3] The early tribes that had settled along the banks of the Tiber eventually aggregated into a loose confederation, and later formed an alliance for protection against invaders.
The early Romans were deeply patriarchal. 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 pater (the Latin word for "father"). The pater was the undisputed master of his clan. [4] He had the absolute power to resolve any disputes, and to make any decisions for the collective gens. 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] Legend states that the senate grew to a membership of 300 after three blocks of 100 senators were added at fixed points in time. According to Abbott, however, what likely happened was a gradual aggregation of patres over time, as more clans achieved high status. [5] The early senate derived its ultimate sovereignty from the fact that it was composed of the patriarchal heads of the leading families. As the individual patres led their families, the board of patres led the confederation of those families. 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] The king presided over the senate, appointed individuals to the senate (for life), and expelled individuals from the senate. When the king died, his sovereign power naturally reverted to the patres. [4]
According to Livy, the senate was created by Rome's first king, Romulus, and consisted of 100 men. The descendants of those 100 men subsequently became the patrician class. [7]
One hundred more men were added to the Senate by Rome's fifth king, Lucius Tarquinius Priscus, from amongst the minor leading families. [8]
The senate of the Roman Kingdom could only be convened by the king, and usually met in either a templum, or in some other location that had been consecrated by a religious official (an augur). [9] While the senate could pass "laws", 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. The king had the absolute power to make any law. However, he often involved both the senate and the popular assembly (the "Curiate Assembly") in the process. The primary role of the senate in this process was to either assist the king, or to provide additional legitimacy to a decree of the king by declaring its support. Sometimes this involved debate in the senate over the proposed law or an actual vote on the law. However, the king was free to ignore any ruling that the senate ultimately passed. [9] In addition, during the days of the kingdom, the senate's limited prestige made it an accepted practice for the king to ignore advice handed down by the senate. The senate did, however, become an influential advisory council to the king. This tradition was maintained throughout the life of the Roman Republic, although in practice, the republican magistrates rarely acted against the wishes of the senate. [9]
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.
While the king was technically elected by the people, it was actually the senate who 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 pater over his family was absolute, [4] the king was vested with the absolute authority over those families (and thus over the entire state). Since the king derived his authority from the patres, he (theoretically) could not pass that power on to an heir upon his death. Thus, the authority reverted to the senate when the king died.
The period between the death of one king, and the election of a new king, was called the interregnum. [10] The interregnum was the only period during which the senate exercised its sovereign power. During the first interregnum after the death of Romulus, the senate, comprised at that time of 100 men, arranged itself into ten decuries, and each decurio governed Rome for five days as interrex. The decurios continued to rotate the government amongst themselves for a year until the senate elected Numa Pompilius as king. [10]
The practice eventually evolved that, when a king died, it was a member of the senate (the Interrex) who nominated a candidate to replace the king. [11] If the senate gave its approval, then in practice, the people were unlikely to reject the nominee. [12] The formal election of the king by the people, however, did serve to confirm to the senate that the people (many of whom fought in the armies that were commanded by the king) found their new potential commander-in-chief to be acceptable. [11] After the senate gave its final approval, the Interrex declared the individual king, and then returned to the ranks of the senate. [11] In effect, the senate chose the king, the people ratified that choice, and the senate finalized the decision.
The Roman Kingdom, also referred to as the Roman monarchy or the regal period of ancient Rome, was the earliest period of Roman history when the city and its territory were ruled by kings. According to tradition, the Roman Kingdom began with the city's founding c. 753 BC, with settlements around the Palatine Hill along the river Tiber in central Italy, and ended with the overthrow of the kings and the establishment of the Republic c. 509 BC.
Lucius Junius Brutus was the semi-legendary founder of the Roman Republic, and traditionally one of its first consuls in 509 BC. He was reputedly responsible for the expulsion of his uncle the Roman king Tarquinius Superbus after the suicide of Lucretia, which led to the overthrow of the Roman monarchy. He was involved in the abdication of fellow consul Tarquinius Collatinus, and executed two of his sons for plotting the restoration of the Tarquins.
The Conflict of the Orders or the Struggle of the Orders was a political struggle between the plebeians (commoners) and patricians (aristocrats) of the ancient Roman Republic lasting from 500 BC to 287 BC in which the plebeians sought political equality with the patricians. It played a major role in the development of the Constitution of the Roman Republic. Shortly after the founding of the Republic, this conflict led to a secession from Rome by the Plebeians to the Sacred Mount at a time of war. The result of this first secession was the creation of the office of plebeian tribune, and with it the first acquisition of real power by the plebeians.
The interrex was an extraordinary magistrate during the Roman Kingdom and Republic. Initially, the interrex was appointed after the death of the king of Rome until the election of his successor, hence its name—a ruler "between kings". The position was retained during the Republic when both consuls were unable to assume their duties, especially holding elections. Interreges ruled for only five days, which often led several of them to be appointed in succession, the record being 15 interreges in 326 BC. They were exclusively chosen from among patrician senators, and during the Conflict of the Orders, their appointment was sometimes designed to hinder plebeians from reaching power or passing laws.
Tribune of the plebs, tribune of the people or plebeian tribune was the first office of the Roman state that was open to the plebeians, and was, throughout the history of the Republic, the most important check on the power of the Roman Senate and magistrates. These tribunes had the power to convene and preside over the Concilium Plebis ; to summon the senate; to propose legislation; and to intervene on behalf of plebeians in legal matters; but the most significant power was to veto the actions of the consuls and other magistrates, thus protecting the interests of the plebeians as a class. The tribunes of the plebs were typically found seated on special benches set up for them in the Roman Forum. The tribunes were sacrosanct, meaning that any assault on their person was punishable by death. In imperial times, the powers of the tribunate were granted to the emperor as a matter of course, and the office itself lost its independence and most of its functions.
The Concilium Plebis was the principal assembly of the common people of the ancient Roman Republic. It functioned as a legislative/judicial assembly, through which the plebeians (commoners) could pass legislation, elect plebeian tribunes and plebeian aediles, and try judicial cases. The Plebeian Council was originally organized on the basis of the Curia but in 471 BC adopted an organizational system based on residential districts or tribes. The Plebeian Council usually met in the well of the Comitium and could only be convoked by the tribune of the plebs. The patricians were excluded from the Council.
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.
The king of Rome was the ruler of the Roman Kingdom. According to legend, the first king of Rome was Romulus, who founded the city in 753 BC upon the Palatine Hill. Seven legendary kings are said to have ruled Rome until 509 BC, when the last king was overthrown. These kings ruled for an average of 35 years.
The Roman magistrates were elected officials in ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army. When the king died, his power reverted to the Roman Senate, which then chose an Interrex to facilitate the election of a new king.
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.
The Roman Senate was the highest and constituting assembly of ancient Rome and its aristocracy. With different powers throughout its existence it lasted from the first days of the city of Rome as the Senate of the Roman Kingdom, to the Senate of the Roman Republic and Senate of the Roman Empire and eventually the Byzantine Senate of the Eastern Roman Empire, existing well into the post-classical era and Middle Ages.
The Roman Assemblies were institutions in ancient Rome. They functioned as the machinery of the Roman legislative branch, and thus passed all legislation. Since the assemblies operated on the basis of a direct democracy, ordinary citizens, and not elected representatives, would cast all ballots. The assemblies were subject to strong checks on their power by the executive branch and by the Roman Senate. Laws were passed by Curia, Tribes, and century.
The History of the Roman Constitution is a study of Ancient Rome that traces the progression of Roman political development from the founding of the city of Rome in 753 BC to the collapse of the Western Roman Empire in 476 AD. The constitution of the Roman Kingdom vested the sovereign power in the King of Rome. The king did have two rudimentary checks on his authority, which took the form of a board of elders and a popular assembly. The arrangement was similar to the constitutional arrangements found in contemporary Greek city-states. These Greek constitutional principles probably came to Rome through the Greek colonies of Magna Graecia in southern Italy. The Roman Kingdom was overthrown in 510 BC, according to legend, and in its place the Roman Republic was founded.
The Roman Kingdom's unwritten constitution originated mainly through precedent. During the years of the Roman Kingdom, the constitutional arrangement was centered on the king, who had the power to appoint assistants, and delegate to them their specific powers. The Roman Senate, which was dominated by the aristocracy, served as the advisory council to the king. Often, the king asked the Senate to vote on various matters, but he was free to ignore any advice they gave him. The king could also request a vote on various matters by the popular assembly, which he was also free to ignore. The popular assembly functioned as a vehicle through which the People of Rome could express their opinions. In it, the people were organized according to their respective curiae. However, the popular assembly 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.
The Legislative Assemblies of the Roman Kingdom were political institutions in the ancient Roman Kingdom. While one assembly, the Curiate Assembly, had some legislative powers, these powers involved nothing more than a right to symbolically ratify decrees issued by the king. The functions of the other assembly, the Calate Assembly, was purely religious. During the years of the kingdom, the People of Rome were organized on the basis of units called curiae. All of the People of Rome were divided amongst a total of thirty curia, and membership in an individual curia was hereditary. Each member of a particular family belonged to the same curia. Each curia had an organization similar to that of the early Roman family, including specific religious rites and common festivals. These curia were the basic units of division in the two popular assemblies. The members in each curia would vote, and the majority in each curia would determine how that curia voted before the assembly. Thus, a majority of the curia was needed during any vote before either the Curiate Assembly or the Calate Assembly.
The executive magistrates of the Roman Kingdom were elected officials of the ancient Roman Kingdom. During the period of the Roman Kingdom, the Roman King was the principal executive magistrate. His power, in practice, was absolute. He was the chief executive, chief priest, chief lawgiver, chief judge, and the sole commander-in-chief of the army. He had the sole power to select his own assistants, and to grant them their powers. Unlike most other ancient monarchs, his powers rested on law and legal precedent, through a type of statutory authorization known as "Imperium". He could only receive these powers through the political process of a democratic election, and could theoretically be removed from office. As such, he could not pass his powers to an heir upon his death, and he typically received no divine honors or recognitions. When the king died, his power reverted to the Roman Senate, which then chose an Interrex to facilitate the election of a new king. The new king was then formally elected by the People of Rome, and, upon the acquiescence of the Roman Senate, he was granted his Imperium by the people through the popular assembly.
The legislative assemblies of the Roman Empire were political institutions in the ancient Roman Empire. During the reign of the second Roman Emperor, Tiberius, the powers that had been held by the Roman assemblies were transferred to the senate. The neutering of the assemblies had become inevitable for reasons beyond the fact that they were composed of the rabble of Rome. The electors were, in general, ignorant as to the merits of the important questions that were laid before them, and often willing to sell their votes to the highest bidder.
The executive magistrates of the Roman Empire were elected individuals of the ancient Roman Empire. During the transition from monarchy to republic, the constitutional balance of power shifted from the executive to the Roman Senate. During the transition from republic to empire, the constitutional balance of power shifted back to the executive. Theoretically, the senate elected each new emperor, although in practice, it was the army which made the choice. The powers of an emperor, existed, in theory at least, by virtue of his legal standing. The two most significant components to an emperor's imperium were the "tribunician powers" and the "proconsular powers". In theory at least, the tribunician powers gave the emperor authority over Rome's civil government, while the proconsular powers gave him authority over the Roman army. While these distinctions were clearly defined during the early empire, eventually they were lost, and the emperor's powers became less constitutional and more monarchical.
The history of the Constitution of the Roman Republic is a study of the ancient Roman Republic that traces the progression of Roman political development from the founding of the Roman Republic in 509 BC until the founding of the Roman Empire in 27 BC. The constitutional history of the Roman Republic can be divided into five phases. The first phase began with the revolution which overthrew the Roman Kingdom in 509 BC, and the final phase ended with the revolution which overthrew the Roman Republic, and thus created the Roman Empire, in 27 BC. Throughout the history of the Republic, the constitutional evolution was driven by the struggle between the aristocracy and the ordinary citizens.
The constitutional reforms of Julius Caesar were a series of laws to the Constitution of the Roman Republic enacted between 49 and 44 BC, during Caesar's dictatorship. Caesar was murdered in 44 BC before the implications of his constitutional actions could be realized.