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The Roman Assemblies functioned as the machinery of the Roman legislative branch, and thus (theoretically at least) passed all legislation. Since the assemblies operated on the basis of 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 senate. The assemblies functioned in a similar manner as the Electoral College of the United States. The President of the United States, for example, is elected by states, and not by citizens. The citizens in each state vote, and a simple majority determines the candidate to whom the state supports in the Electoral College. In the Roman system, laws were passed (and magistrates elected) not by states, but rather by curia (in the Curiate Assembly), tribes (in the Tribal Assembly), and centuries (in the Century Assembly).

When the city of Rome was founded (traditionally dated at 753 BC), a senate and an assembly, the Curiate Assembly, were both created. The Curiate Assembly was the principal legislative assembly during the era of the Roman Kingdom. While its primary purpose was to elect new kings, it also possessed rudimentary legislative powers. Shortly after the founding of the Roman Republic (traditionally dated to 510 BC), the principal legislative authority shifted to two new assemblies, the Tribal Assembly ("Citizen's Assembly") and the Century Assembly ("Army Assembly"). Eventually, most legislative powers were transferred to another assembly, the Plebeian Council ("Assembly of the Commoners"). Ultimately, it was the Plebeian Council that disrupted the balance between the senate, the legislative branch, and the executive branch. This led to the collapse of the republic, and the founding of the Roman Empire in 27 BC. Under the empire, the powers that had been held by the assemblies were transferred to the senate. While the assemblies eventually lost their last semblance of political power, citizens continued to gather into them for organizational purposes. Eventually, however, the assemblies were ultimately abandoned.

Legislative assemblies of the Roman Kingdom

During the years of the kingdom, all citizens were divided into units called "curia".[1] The thirty curia were organized to resemble the ethnic breakdown of Rome under the kings[2]. The legislative assembly of this era, the Curiate Assembly, theoretically had some legislative and electoral powers.[1] The citizens of Rome would not vote individually in the Curiate Assembly. Instead, the citizens would divide into their thirty curia, and vote in those curia. A majority of the vote in each of the thirty curia would determine the one vote that the entire curia would formally cast in the assembly

Comitia Curiata

Growth of the city region during the kingdom

The Comitia Curiata ("Curiate Assembly") was the only popular assembly with any political significance during the period of the Roman Kingdom.[1] It was organized on the basis of the thirty curiae. The king would preside over the assembly, and submit decrees to it for ratification.[3] 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.

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.[3]

After a king died, the interrex would select a candidate to replace the king.[4] 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.[3] These announcements usually regarded the calendar.

Appeals heard by this assembly often dealt with questions concerning the gentes ("family").[5] 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).[3] All other meetings were held on an "as needed" basis.[3] The assembly would often decide these matters under the presidency of the pontifex maximus.[2]

This article is part of the

Roman Constitution series.

Roman Senate
Roman Assemblies
Roman Magistrates
History of the Roman Constitution

Constitution of the Roman Kingdom

Senate of the Roman Kingdom
Legislative Assemblies of the Roman Kingdom
Executive Magistrates of the Roman Kingdom
History of the Constitution of the Roman Kingdom

Constitution of the Roman Republic

Senate of the Roman Republic
Legislative Assemblies of the Roman Republic
Executive Magistrates of the Roman Republic
History of the Constitution of the Roman Republic

Constitution of the Roman Empire

Senate of the Roman Empire
Legislative Assemblies of the Roman Empire
Executive Magistrates of the Roman Empire
History of the Constitution of the Roman Empire

Constitution of the Late Roman Empire

History of the Constitution of the Late Roman Empire

During the years of the Roman Kingdom, this assembly was the principle legislative assembly (comitia).[1] 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.

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[6]). The pontifex maximus presided over this assembly.

Legislative assemblies of the Roman Republic

There were two types of Roman assembly. The first was the comitia ("committee"). [7] Comitiae were assemblies of all citizens (populus Romanus, or "People of Rome").[8] 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).[8] For example, the concilium plebis would be a concilium where plebeians would meet.[9] 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.[7] Ordinary citizens could only speak before a conventio (and not before a comitia or concilium).[10] 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. [11]

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").[11] 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.[12] 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.[13]

Assembly of the Curiae

During the first decades of the republic, the People of Rome were organized into thirty curiae.[14][2][15] The curiae were organized on the basis of the clans (ethnic kinships).[16] 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.[17] 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).[2]

The now-obsolete Comitia Curiata would still be presided over by a consul[18]. 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.[15]

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.[15]

The curiae were organized on the basis of clan (or ethnic kinship).[16] Therefore, long after the Comitia Curiata had lost most of its political powers, it retained jurisdiction over clan matters.[17] Under the presidency of the Pontifex Maximus[2], it would witness wills and ratify adoptions (adrogatio)[2]. It would also inaugurate certain priests, and transfer citizens from patrician class to plebeian class.

Assembly of the Centuries

Roman Dictator Sulla, who attempted to increase the power of the Comitia Centuriata at the expense of the Comitia Tributa

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[18]. 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[19] in the Comitia Centuriata were divided into three different grades. These were the equites, pedites and unarmed adjuncts.[20][19] The equites (cavalry) were the higher ranking soldiers who fought on horseback. They represented the elite of the army, and thus the officer class.[20] The equites were organized into eighteen centuries.[19]

The 170 centuries of pedites constituted the foot soldiers (infantry) of the Roman army. The pedites were divided into five classes,[19] with each of the five classes divided evenly between centuries of iuniores (younger soldiers) and seniores (older soldiers).[19]

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.[21] [22]

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").[19] 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.[23] 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.[24] 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.[25]

Only the Comitia Centuriata could elect consuls, praetors and censors. In addition, only it could declare offensive war.[26] 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.[26] Only this assembly could ratify the results of a census.[15] It also served as the highest court of appeal in certain judicial cases (in particular, cases involving capital punishment).[27]

Assembly of the Tribes

Gaius Gracchus, tribune of the people, presiding over the Plebeian Council

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".[28]

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).[29]

The president of the Comitia Tributa was usually a consul[18]. Several additional magistrates would be present during meetings, to serve as adjuncts. Their primary purpose was to help resolve procedural disputes.[30] The Comitia Tributa elected quaestors, curule aediles, and military tribunes.[31]. 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.[32] 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. [33] Once a majority of tribes had voted the same way, voting would end.

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,[29] and pass legislation (plebiscite) which would only apply to the plebeians.

Around the year 471 BC,[29] 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.[34]

Cornelia, mother of the future Gracchi tribunes, pointing to her children as her treasures

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).[35] 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).

Legislative assemblies of the Roman Empire

During the reign of the second emperor, Tiberius, the powers that had been held by the legislative assemblies (the comitia) were transferred to the senate. The neutering of the comitia had become inevitable due to their decadence. The comitia were decedent for reasons beyond the fact that they were composed of the rabble of Rome. The electors in each of the comitia were ignorant as to the merits of the important questions that were laid before them.[36] In addition, the electors were often willing to sell their votes to the highest bidder.

Comitia Centuriata

Under the empire, soldiers continued to organize by centuries. However, after the fall of the republic, the centuries lost all of their relevance. The division of the Comitia Centuriata into centuries of seniores (senior soldiers) and iuniores (junior soldiers) continued well into the empire.[37] The classification of centuries on the basis of property ownership continued as well.[37]

Legislation was never submitted to the imperial Comitia Centuriata. After the founding of the empire, all judicial powers that had been held by the republican Comitia Centuriata were transferred to independent jury courts (quaestiones).[37] Under the emperor Tiberius, all electoral powers that had been held by the Comitia Centuriata were transferred to the senate.[37]

After the Comitia Centuriata lost its legislative, judicial, and electoral powers, it had no remaining authority. Now, its only function was to hear the renuntiatio.[37] The renuntiatio was heard after the senate had 'elected' the magistrates. It was a ceremony in which the results of the election were read to the electors. The renuntiatio allowed the emperor to claim that the magistrates had been elected by a sovereign people.

Comitia Tributa

After the founding of the empire, the tribal divisions of citizens and freedmen continued. The only political purpose of the tribal divisions was such that they better enabled the senate to maintain a list of citizens.[37] Tribal divisions also simplified the process by which grain was distributed.[37]

Any legislation that the emperor submitted to the assemblies for ratification would be submitted to the Comitia Tributa.[37]

Under the emperor Tiberius, the electoral powers of the Comitia Tributa were transferred to the senate. Each year, after the senate had elected the annual magistrates, the Comitia Tributa would hear the renuntiatio.[37] The renuntiatio served the same function in the Comitia Tributa as it served in the Comitia Centuriata.

Concilium Plebis

The Concilium Plebis did survive the fall of the republic.[37] The Concilium Plebis, however, lost its legislative, judicial and electoral powers to the senate. By virtue of his tribunician powers, the emperor always had absolute control over the Concilius Plebis.[37]

Comitia Curiata

After the fall of the republic, the Comitia Curiata no longer passed the lex curiata de imperio.[37] This power was transferred to the senate. After the founding of the empire, this assembly continued to consist of thirty lictors. The only two functions of the imperial Comitia Curiata were to witness wills and to ratify adoptions.[37]

See also

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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).

Notes

  1. ^ a b c d Abbott, 18
  2. ^ a b c d e f Byrd, 33
  3. ^ a b c d e Abbott, 19
  4. ^ Abbott, 14
  5. ^ Abbott, 15
  6. ^ Lintott, 49
  7. ^ a b Lintott, 42
  8. ^ a b Abbott, 251
  9. ^ Lintott, 43
  10. ^ Abbott, 252
  11. ^ a b Taylor, 2
  12. ^ Taylor, 40
  13. ^ Lintott, 48
  14. ^ Cicero, 211
  15. ^ a b c d Taylor, 3, 4
  16. ^ a b Abbott, 250
  17. ^ a b Abbott, 253
  18. ^ a b c Polybius, 132
  19. ^ a b c d e f Cicero, 226
  20. ^ a b Taylor, 85
  21. ^ Cicero, 227
  22. ^ Abbott, 21
  23. ^ Abbott, 75
  24. ^ Cicero, 226-227
  25. ^ Taylor, 87
  26. ^ a b Abbott, 257
  27. ^ Cicero, 241
  28. ^ Abbott, 259
  29. ^ a b c Abbott, 196
  30. ^ Taylor, 63
  31. ^ Taylor, 7
  32. ^ Lintott, 51
  33. ^ Taylor, 77
  34. ^ Abbott, 260
  35. ^ Byrd, 31
  36. ^ Abbott, 278
  37. ^ a b c d e f g h i j k l m Abbott, 397

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)

Primary sources

Secondary source material