Rogatio

Last updated

In the Roman republic, a rogatio (from Latin rogo, "ask, place a question before") is a proposed piece of legislation. All legislation during the republic was moved before an assembly of the people. The rogatio procedure underscores the fact that the Roman Senate could issue decrees, but was not a legislative. Only the people, organised in an assembly, could pass legislation. [1]

Contents

A magistrate with the jus contionandi could call a contio, an informal assembly of the people, before which he could announce new legislation. [2] A bill's proposer was its lator; a supporter was an auctor. [3] After a magistrate promulgated a bill, under the lex Caecilia Didia of 98 BC, a trinundium had to elapse. A trinundium meant three market days. [2] Immediately before an assembly was called to vote on a bill, a special contio was called so that a debate on the proposal could be held. Once that debate was over, the contio immediately became the assembly that could vote on the matter. [4]

With only a few exceptions, the main legislative assembly was the comitia tributa . [5] Told to depart into your groups (Latin : descedite, Quirites), the contio organised into the appropriate legislative assembly. [6] Then after an initial prayer, the presiding magistrate opened voting by asking the people velitis, iubeatis ... vos, Quirites, rogo ("Do you wish, do you command, ... I ask you, citizens"). [7] Each tribe was then called by an order set by lot; [8] the centuries voted according to a pre-determined order with the wealthier centuries voting first. [9] The citizens in each tribe then voted either uti rogas ("as you ask") or antiquo ("I contradict"). [7] When a majority was reached, voting ended and all tribes which had not yet voted were dismissed. [10]

Plebeian tribunes and other magistrates, most especially the consuls, could veto proceedings but only before the taking of lots for the order in which the tribes were to vote. It was also not acceptable for bills to be vetoed by any magistrate without any discussion. [6] Threats of veto against a bill or its general unpopularity among the people usually led to the bill's withdrawal. [11] If a bill was passed (rogatio lata est), it became a law ( lex ) after the presiding magistrate made a formal announcement (renuntiatio) of the assembly's decision.

In the early Republic, the Senate had to approve the constitutionality of a law before it was enacted; after the passage of the lex Publilia Philonis in 339 BC, which required that at least one of the two censores be a plebeian, this approval (patrum auctoritas ) was required before the bill was put to a vote in the assembly. With controversial measures, however, the Senate was sometimes bypassed. If a bill was proposed for the purpose of declaring war, it had to be brought before the comitia centuriata . [12]

All copies of statutes, proposed laws, and other public documents were recorded in the aerarium under the stewardship of the urban quaestors. [13]

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.

<span class="mw-page-title-main">Gracchi brothers</span> Ancient Roman brothers known for their social reforms

The Gracchi brothers were two brothers who lived during the beginning of the late Roman Republic: Tiberius Gracchus and Gaius Gracchus. They served in the plebeian tribunates of 133 BC and 122–121 BC, respectively. They have been received as well-born and eloquent advocates for social reform who were both killed by a reactionary political system; their terms in the tribunate precipitated a series of domestic crises which are viewed as unsettling the Roman Republic and contributing to its collapse.

Tiberius Sempronius Gracchus was a Roman politician best known for his agrarian reform law entailing the transfer of land from the Roman state and wealthy landowners to poorer citizens. He had also served in the Roman army, fighting in Africa during the Third Punic War and in Spain during the Numantine War.

<span class="mw-page-title-main">Senate of the Roman Republic</span> Governing and advisory assembly of the aristocracy

The Senate was the governing and advisory assembly of the aristocracy in the ancient Roman Republic. It was not an elected body, but one whose members were appointed by the consuls, and later by the censors, which were appointed by the aristocratic Centuriate Assembly. After a Roman magistrate served his term in office, it usually was followed with automatic appointment to the Senate. According to the Greek historian Polybius, the principal source on the Constitution of the Roman Republic, the Roman Senate was the predominant branch of government. Polybius noted that it was the consuls who led the armies and the civil government in Rome, and it was the Roman assemblies which had the ultimate authority over elections, legislation, and criminal trials. However, since the Senate controlled money, administration, and the details of foreign policy, it had the most control over day-to-day life. The power and authority of the Senate derived from precedent, the high caliber and prestige of the senators, and the Senate's unbroken lineage, which dated back to the founding of the Republic in 509 BC. It developed from the Senate of the Roman Kingdom, and became the Senate of the Roman Empire.

Gaius Sempronius Gracchus was a reformist Roman politician and soldier who lived during the 2nd century BC. He is most famous for his tribunate for the years 123 and 122 BC, in which he proposed a wide set of laws, including laws to establish colonies outside of Italy, engage in further land reform, reform the judicial system and system for provincial assignments, and create a subsidised grain supply for Rome.

<span class="mw-page-title-main">Citizens' assemblies of the Roman Republic</span> Political institutions in Roman Republic

The legislative assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of Roman laws, the carrying out of capital punishment, the declaration of war and peace, and the creation of alliances. Under the Constitution of the Roman Republic, the people held the ultimate source of sovereignty.

<span class="mw-page-title-main">Conflict of the Orders</span> Political conflict in the Roman Republic, 500–287 BC

The Conflictof the Orders, sometimes referred to as 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.

<span class="mw-page-title-main">Plebeian Council</span> Principal assembly of the ancient Roman Republic

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.

<span class="mw-page-title-main">Curiate assembly</span> 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.

The lex Hortensia, also sometimes referred to as the Hortensian law, was a law passed in Ancient Rome in 287 BC which made all resolutions passed by the Plebeian Council, known as plebiscita, binding on all citizens. It was passed by the dictator Quintus Hortensius in a compromise to bring the plebeians back from their secession to the Janiculum.

<span class="mw-page-title-main">Roman tribe</span> Grouping of Roman citizens

A tribus, or tribe, was a division of the Roman people for military, censorial, and voting purposes. When constituted in the comitia tributa, the tribes were the voting units of a legislative assembly of the Roman Republic.

<span class="mw-page-title-main">Constitution of the Roman Republic</span> 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 beginning in 133 BC would lead to the rise of Augustus and his principate.

<span class="mw-page-title-main">Roman Constitution</span> Set of guidelines and principles

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.

<span class="mw-page-title-main">Roman assemblies</span> Assemblies active in the time of Roman rule

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.

<span class="mw-page-title-main">Tribal assembly</span> Assembly of the Roman Republic

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

<span class="mw-page-title-main">Centuriate assembly</span> Roman assembly that elected all magistrates holding imperium

The Centuriate Assembly of the Roman Republic was one of the three voting assemblies in the Roman constitution. It was named the Centuriate Assembly as it originally divided Roman citizens into groups of one hundred men by classes. The centuries initially reflected military status, but were later based on the wealth of their members. The centuries gathered into the Centuriate Assembly for legislative, electoral, and judicial purposes. The majority of votes in any century decided how that century voted. Each century received one vote, regardless of how many electors each Century held. Once a majority of centuries voted in the same way on a given measure, the voting ended, and the matter was decided. Only the Centuriate Assembly could declare war or elect the highest-ranking Roman magistrates: consuls, praetors and censors. The Centuriate Assembly could also pass a law that granted constitutional command authority, or "Imperium", to Consuls and Praetors, and Censorial powers to Censors. In addition, the Centuriate Assembly served as the highest court of appeal in certain judicial cases, and ratified the results of a Census.

<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.

<span class="mw-page-title-main">Elections in the Roman Republic</span>

Elections in the Roman Republic were an essential part of its governance, with participation only being afforded to Roman citizens. Upper-class interests, centered in the urban political environment of cities, often trumped the concerns of the diverse and disunified lower class; while at times, the people already in power would pre-select candidates for office, further reducing the value of voters’ input. The candidates themselves at first remained distant from voters and refrained from public presentations, but they later more than made up for time lost with habitual bribery, coercion, and empty promises. As the practice of electoral campaigning grew in use and extent, the pool of candidates was no longer limited to a select group with riches and high birth. Instead, many more ordinary citizens had a chance to run for office, allowing for more equal representation in key government decisions.

<span class="mw-page-title-main">Ballot laws of the Roman Republic</span> 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.

The contio was a public assembly in Ancient Rome, which existed during the monarchy as well as in the Roman Republic and Roman Empire. At the contio, magistrates informed the Roman citizens on various topics related to politics. The main difference between the contio and other public assemblies in Rome, such as the comitia, is that the citizens who attended contiones did not get to vote. The contio merely served a communicative function, offering magistrates the opportunity to give the people a report of what had been decided during a senate meeting or to discuss a proposed legislative bill (rogatio) in front of the citizens to help them make up their mind before they had to vote on it in other assemblies. Magistrates also used the contio as a means of self-promotion, presenting themselves as capable and honest politicians who kept the interests of the people in mind, hoping to gain sympathy and support from the people.

References

  1. Millar 1998, pp. 157–58.
  2. 1 2 Mouritsen 2001, p. 38.
  3. Millar 1998, p. 26.
  4. Mouritsen 2001, pp. 38–39.
  5. Lintott 1999, p. 55, noting that "almost all legislation" took place before the tribes.
  6. 1 2 Lintott 1999, p. 46.
  7. 1 2 de Libero 2006.
  8. Mouritsen 2001, p. 19.
  9. Lintott 1999, p. 48.
  10. Lintott 1999, pp. 60–61.
  11. Lintott, Andrew William (1992). Judicial reform and land reform in the Roman republic. Cambridge University Press. pp.  6–7. ISBN   978-0-521-40373-3. Lintott believes Cicero exaggerates the extent to which the plebs could influence withdrawal.
  12. Millar, Fergus (2002). Rome, the Greek world, and the East. University of North Carolina Press. p. 116.
  13. Lintott 1999, p. 137.

Bibliography