Eleanor Finch
The Roman constitution was a set of unwritten norms and customs that governed the Roman people. The first constitutional system emerged in the fourth and third centuries BC, after the overthrow of the Roman monarchy. The constitution evolved over time, with the collapse of the republican government leading to the rise of Augustus and his principate. The constitutional history of the Roman Republic can be divided into phases, with the final phase ending in 27 BC with the creation of the Roman Empire. The Roman constitution mixed elements of democracy, aristocracy, and monarchy into its political system. The constitutional evolution was driven by the struggle between the aristocracy and ordinary citizens, with the latter attaining theoretical equality. This set the stage for civil wars and Rome's transformation into a formal empire.
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What You'll Learn
The Roman Kingdom
Romulus, the son of the god of war and the daughter of King Numitor, was the first king of Rome. He played a pivotal role in the formation of the Roman Kingdom and its political institutions. Romulus established the Roman Senate, appointing 100 of the most noble men, known as patres, to serve as an advisory council. Their descendants became the patricians, the aristocratic class in Roman society. To assert his authority, Romulus surrounded himself with attendants, notably twelve lictors, and he organised the populace into three divisions of horsemen called centuries: the Ramnes (Romans), the Tities (named after the Sabine king), and the Luceres (Etruscans).
Romulus is also known for orchestrating the infamous incident known as the Rape of the Sabine Women. Seeking wives for his citizens, he invited the neighbouring Sabine tribe to a festival, where Roman men abducted their young women. This act led to war when Romulus refused to return the captives. Despite several unsuccessful attempts by the Sabines to invade Rome, the conflict ended during the Battle of the Lacus Curtius when the abducted women intervened to stop the fighting. Following this, Romulus shared the throne with the Sabine king, Titus Tatius, uniting their peoples under a joint kingdom.
After Romulus, there was an interregnum for one year, during which ten men from the Senate governed Rome. They ultimately chose the Sabine Numa Pompilius as Romulus' successor, accepted by the Curiate Assembly. Numa's reign was marked by peace and religious reform, including the establishment of the Vestal Virgins and various priesthoods.
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The Roman Republic
The early Roman Republic (509–264 BC) and the preceding regal period (753–509 BC) are the most poorly documented periods of Roman history. Historical writing in Rome did not begin until the late 3rd century BC, by which time Rome had already completed its conquest of Italy and become a major power in the ancient world. The main literary sources for the origins of the Roman political system, Livy and Dionysius of Halicarnassus, relied heavily on oral history, which poses problems for the reliability of the traditional account of the republic's origins.
During the early republican period, Rome's patrician aristocrats were the dominant force in politics and society. However, by the 4th century BC, the plebeians had achieved political equality with the patricians. In 367 BC, with the Licinio-Sextian rogations, plebeians were allowed to stand for the consulship, marking the emergence of the classical form of the republic. The middle and early late Republics saw gradual changes in the constitution, including the formalisation of the cursus honorum by setting minimum ages for each office, the introduction of the secret ballot, and the abolition of the cooption of priests in favour of election.
The late Republic, from 133 BC onwards, saw substantial domestic strife, which contributed to the fall of the Roman Republic and the rise of Augustus and his principate. Rome was in a state of near-perpetual war, and the expansion of its territories led to a struggle for power between conservative and reformist politicians. This set the stage for the civil wars of the 1st century BC and Rome's transformation into a formal empire. Julius Caesar, who held the office of Roman Dictator, increased his own authority while decreasing that of Rome's other political institutions. After Caesar was assassinated in 44 BC, his heir Octavian, along with Mark Antony, and Marcus Aemilius Lepidus, formed the Second Triumvirate, holding powers similar to Caesar's. Octavian, later known as Augustus, became the first Roman emperor in 27 BC, marking the end of the Roman Republic.
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The Conflict of the Orders
The conflict arose from the social and economic inequalities between the two classes. The patricians, constituting the wealthier class, held a monopoly on political, economic, and religious power, while the plebeians, the poorer citizens, were excluded from holding public office or participating in governance. The plebeians, who formed the majority of soldiers in the Roman army, found themselves in a precarious situation as their military service resulted in the neglect of their farms and livelihoods. Turning to the patricians for aid, they often faced abuse and even enslavement.
In 494 BC, during a war with three Italic tribes (the Aequi, Sabine, and Volsci), the plebeian soldiers, advised by Lucius Sicinius Vellutus, refused to fight and instead seceded to the Mons Sacer outside Rome. This act of defiance marked a pivotal moment in the Conflict of the Orders. The patricians, faced with a crisis, negotiated a settlement that granted the plebeians the right to meet in their own assembly, the Plebeian Council (Concilium Plebis), and elect their own officials, known as plebeian tribunes, to protect their rights.
Over time, the laws restricting plebeians from holding political offices were revoked, and all offices became accessible to them. This shift in political representation led to a transformation within the Roman Senate, as the plebeians gained membership and influence within this powerful institution. The Conflict of the Orders culminated in the achievement of political equality for the plebeians, with the lex Publilia requiring the election of at least one plebeian censor every five years.
However, despite these gains, the social dynamics remained complex. A small number of plebeian families rose to aristocratic status, mirroring the old patrician elite, while the majority of plebeians continued to face challenges. The emergence of a new group, the nobilitas, composed of families with multiple consular ties, further reshaped the social landscape of Rome.
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The Assemblies
There were two essential components to any assembly: the convening magistrate, who presided over the proceedings, and the citizens in the assembly, who formed the voting blocks. The assemblies did not engage in discussions but listened to speakers presented by the presiding officer before voting. The Roman assemblies could be categorised into two main types: the contio and the comitia. A contio was a gathering where citizens convened to hear speeches or statements without further formalities. On the other hand, a comitia was a decision-making assembly where citizens were organised into voting blocks to elect officials or pass laws.
The curiate assembly, or comitia curiata, was the oldest assembly in Rome and was central to the legislative and electoral processes during the regal and early republican periods. However, by the late republic, its role was largely ceremonial and focused on matters of public religion. The centuriate assembly, or comitia centuriata, and the tribal assembly, or comitia tributa, also played significant roles in the middle and late republics. The centuriate assembly, dating back to the regal period, was responsible for electing magistrates, while the tribal assembly emerged shortly after the establishment of the republic.
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The Rise of Augustus
The Roman Republic was founded in 510 BC, marking the end of the Roman Kingdom and the beginning of a new era of constitutional evolution. The collapse of the republican government and norms in 133 BC paved the way for the rise of Augustus, a pivotal figure in Roman history.
Augustus, originally known as Octavian, rose to power through a series of strategic alliances and military victories. In 44 BC, following the assassination of Julius Caesar, Mark Antony formed an alliance with Octavian, Caesar's adopted son and great-nephew. Alongside Marcus Aemilius Lepidus, they established the Second Triumvirate, mirroring the powers held by Caesar. Octavian strengthened his position by retaining his role as Roman Consul and his tribunician powers, which granted him influence over the legislative process and the people.
Octavian further solidified his authority by disposing of his rivals, Lepidus in 32 BC and Antony, who was allied with Cleopatra, at the Battle of Actium in 31 BC. This victory established him as the sole ruler of the Roman Empire, a turning point in Roman constitutional history. Octavian was bestowed with the title of "Princeps" or "first citizen," marking his preeminence in the state.
In 27 BC, Octavian officially accepted the title of Augustus, a name that carried the meaning of "venerable." He relinquished his Consulship in 23 BC, expanding his Proconsular imperium and tribunician powers. Augustus' reforms transformed every aspect of Roman life, bringing peace and prosperity to the Greco-Roman world. He secured outlying provinces, fostered the arts, and promoted Roman morality.
The reign of Augustus, lasting from 31 BC to 14 AD, marked a significant shift in Roman constitutional history. His consolidation of power and subsequent reforms laid the foundation for the Roman Empire, transitioning from the previous era of the Roman Republic. Augustus' dominance and influence over the government and military solidified his position as the foremost figure in Roman constitutional history, shaping the trajectory of Rome for centuries to come.
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Frequently asked questions
The Roman Republic was a democratic society that lasted from 509 BC to 27 BC. It was centred on the city of Rome and was governed by the Senate and four assemblies.
The three main bodies of the Roman Republic were the magistrates, the senate, and the people. The most important magistrates were the consuls and the plebeian tribunes.
The Roman Senate was a board of elders that advised the magistrates and passed decrees called senatus consulta. The Senate's focus was usually on foreign policy.
There were two types of legislative assemblies in the Roman Republic: the comitia ("committees"), which were assemblies of all Roman citizens, and the concilia ("councils"), which were assemblies of specific groups of citizens.
