Jonah Patel
The Roman constitution was an accumulation of laws, legal decisions, and ancient customs. It was unwritten and relied on the wisdom and customs of their ancestors as Roman law developed gradually over time. The first constitutional system was that of the Roman Republic, which emerged after the overthrow of the monarchy in 509 BC. The constitution of the Roman Republic was malleable and evolving, with substantive entrenched norms. It had three main bodies: the voting assemblies, the magistrates, and the senate. The magistrates administered the laws enacted by the voting assemblies, and the senate functioned as an advisory body to the magistrates. The Conflict of the Orders granted plebeian citizens equal political rights and created the tribunate to check patrician power. The constitution evolved gradually, with the emergence of provincial administration and the prorogation of magistrates' terms as Rome acquired overseas provinces. Later, the imperial constitution developed from Augustus' victory in the civil wars of the late first century BC, which established him as the legal head of state with the power to overrule all other magistrates.
| Characteristics | Values |
|---|---|
| Assemblies | Essential for the functioning of the constitution; composed of adult male citizens, likely from the upper class |
| Voting | In-person; dominated by the rich landholding magnates of the rural tribes |
| Division of Power | Collaboration between voting assemblies, magistrates, and the Roman Senate |
| Consuls | Most important magistrates; led the republic's armies in war and had the power to command and consult the gods |
| Tribunes | Created to check patrician power and empower the plebeian assembly |
| Cursus honorum | The road to becoming a magistrate; the lex Villia annalis in 180 BC set minimum ages for each office |
| Ballot | Secret ballots were introduced in the 130s BC |
| Election of Priests | Cooption was abolished in favour of election in 104 BC |
| Provincial Administration | Developed in the 3rd and 2nd centuries BC as Rome acquired overseas provinces governed by consuls or praetors |
| Prorogation | Emergence in the second century BC meant generals were no longer serving magistrates |
| Republican Precedents | Subverted by Augustus after his victory in the civil wars of the late first century BC to establish himself as the legal head of state |
| Ancestral Wisdom and Customs | The basis for Roman law, which developed gradually over time |
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What You'll Learn
The constitution was an accumulation of laws, customs, and legal decisions
The Roman constitution was an accumulation of laws, customs, and legal decisions that evolved over time. It was not a single act of legislation but a gradual development of Roman law, influenced by the wisdom and customs of their ancestors. The constitution was characterised by a division of power between the voting assemblies, magistrates, and the Roman Senate, with the people holding the authority to override norms, precedents, and ancient laws.
The constitution of the Roman Republic emerged after the overthrow of the monarchy, traditionally dated to 509 BC, and evolved during the early imperial period from 27 BC onwards. It was a malleable and evolving system, with substantive entrenched norms. Institutions such as the consuls, the senate, and tribunes underwent significant changes in the early republic but stabilised by the fourth century BC. The Conflict of the Orders granted plebeian citizens equal political rights and established the tribunate to check patrician power, empowering the plebeian assembly with full legislative authority.
The Roman constitution was not truly democratic, as the Roman Republic replaced the rule of a single monarch with the rule of the elite, the patricians. The voting assemblies were essential to the functioning of the constitution, with citizens assigned to thirty-five tribes based on geography. The tribal assembly, composed of citizens from the thirty-one rural tribes and four urban tribes, was dominated by the rich landholding magnates due to the logistical challenges faced by the rural poor in participating. The plebeian council, in which only plebeians could participate, elected the plebeian tribunes and aediles.
The magistrates played a crucial role in the Roman constitution, administering the laws enacted by the assemblies. The cursus honorum outlined the steps towards becoming a magistrate, with the ultimate goal of a consulship. The duties of magistrates evolved over time, and their collaboration with the voting assemblies and the Roman Senate was central to the constitution's effectiveness. The senate served as an advisory body to the magistrates, and its role evolved with Rome's expansion, assigning consuls or praetors to govern newly acquired overseas provinces.
The imperial constitution developed from Augustus' victory in the civil wars of the late first century BC, where he established himself as the legal head of state with the power to overrule all other magistrates. This marked a gradual shift from a republican form of government towards an autocratic monarchical system.
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The role of voting assemblies and magistrates
Voting assemblies and magistrates were integral to the functioning of the Roman constitution. The constitution was an accumulation of laws, legal decisions, customs, and institutions such as the consuls, the senate, and tribunes. It was not a single act of legislation, but a gradual evolution of governance. The magistrates, the senate, and the people were the three main bodies of the Roman Republic.
The voting assemblies played a crucial role in enacting the laws, while the magistrates were responsible for administering them. The assemblies were composed of adult male citizens, with each assembly requiring a convening magistrate to legally call upon it. The citizens in the assembly would hear the speakers put forth by the presiding officer and then cast their votes. The tribal assembly, organised by thirty-five tribes, was likely dominated by the rich landowning magnates of the thirty-one rural tribes, as the rural poor were unable to travel to Rome to vote in person. The tribal assembly elected junior magistrates like aediles and quaestors. The plebeian council, in which only plebeians could participate, elected the plebeian tribunes and aediles.
The magistrates, on the other hand, served as administrators and leaders. The consuls, the most important magistrates, had the power to command the republic's armies in wartime and consult the gods. They also served as advisors to the Roman Senate. The road to becoming a consul involved progressing through the cursus honorum, which set minimum ages for each office. The quaestor, for example, was usually elected at the age of thirty after serving as a military tribune.
The roles of the voting assemblies and magistrates evolved over time, reflecting the malleable nature of the Roman constitution. The introduction of the secret ballot and the election of priests instead of cooption are examples of constitutional changes. The emergence of prorogation in the late Republic led to generals serving as prorogued equivalents of magistrates rather than as magistrates themselves.
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The Conflict of Orders: the power struggle between patricians and plebeians
The Conflict of the Orders, or the Struggle of the Orders, was a political power struggle between the plebeians (commoners) and the patricians (aristocrats) of ancient Rome. It lasted from 500 BCE to 287 BCE, though some sources state that it began in 495 BCE or 494 BCE. This conflict played a significant role in shaping the Constitution of the Roman Republic.
The patricians held almost all political, economic, and religious power in the city, and the plebeians sought political equality. The plebeians were common workers and often poor, consisting of farmers, bakers, traders, and shop owners. They were viewed as less than equal to the patricians, who believed their ancestors were the founders of Rome. The patricians controlled Roman politics, and the plebeians felt frustrated and unfairly treated. They had little to no power in politics and society, and their grievances included long working hours, few benefits, and imposed taxes.
The plebeians' most effective political strategy was to refuse to cooperate with the system that harmed them. During the First Secession, or the first secessio plebis, the plebeians went on strike. They left their fields and businesses and seceded to the Sacred Mountain, or Mons Sacer, in 495 BCE or 494 BCE. This was a powerful move as the plebeians made up the majority of the Roman army, and their absence could lead to military disaster. The patricians were forced to negotiate, and the plebeians secured several concessions.
Two new political roles were created: the Plebeian Aedile and the Tribune of the Plebs. Only plebeians could hold these positions, and they were responsible for advocating for the concerns of the plebeians. The office of the plebeian tribune was particularly powerful as it granted tribunes the ability to veto unfavourable legislation.
Over the course of the Conflict of the Orders, the plebeians gradually gained more rights. They became able to hold political office, pass laws, marry patricians, and hear their own judicial cases. However, despite these advancements, true equality was not achieved during this period. While some plebeian families gained equality with the patricians, most plebeians were still considered inferior. It was only in the 1st century BCE that most plebeian families would gain their rights.
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The constitution of the Roman Republic
The Roman Republic emerged in the fourth and third centuries BC, after the overthrow of the Roman monarchy. The constitution of the Roman Republic was an accumulation of laws, legal decisions, customs, and institutions that evolved gradually and was subject to continual tweaks and improvements. It was not a single act of legislation but a general means by which the Roman people were governed. The constitution had three main bodies: the magistrates, the senate, and the people.
The magistrates were responsible for administering the laws enacted by the voting assemblies. The most important magistrates were the consuls, who led the republic's armies in war and had the power to command and consult the gods. Other magistrates included the praetors, aediles, quaestors, curule aediles, military tribunes, and other minor magistrates. The cursus honorum set the steps and minimum ages for each office, with the ultimate goal of becoming a consul.
The senate functioned as an advisory body to the magistrates, and its role evolved significantly over time. The people, or voting assemblies, were also essential to the functioning of the constitution. These assemblies included the tribal assembly, the centuriate assembly, and the plebeian council. The tribal assembly was likely dominated by the rich landowning magnates of the rural tribes, while the plebeian council was composed only of plebeians. The centuriate assembly elected the consuls, praetors, and censors.
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The constitution of the Roman Empire
The Roman constitution was an accumulation of laws, legal decisions, customs, and institutions that governed the Roman people. It was not a single act of legislation but a gradual development of norms and precedents. The constitution of the Roman Empire evolved from that of the Roman Republic, which emerged after the overthrow of the monarchy in 509 BC.
The Roman Republic was a system of government that evolved slowly and was subject to continual changes and improvements. It was marked by a division of power, with policy decisions relying on the collaboration of voting assemblies, magistrates, and the Roman Senate. The constitution of the Roman Republic had three main bodies: the magistrates, the senate, and the people.
The magistrates, the most important of whom were the consuls and the plebeian tribunes, served as the administrators of the laws enacted by the assemblies. The consuls led the republic's armies in war and had the power to command and consult the gods. The tribunes, on the other hand, had the power to call the senate, propose legislation, and exercise a veto. The senate, composed of patricians, functioned as an advisory body to the magistrates.
The voting assemblies were essential to the functioning of the Roman constitution. There were two main types: the tribal assembly and the plebeian council. The tribal assembly was likely dominated by the rich landowning magnates of the rural tribes, while the plebeian council, or concilium plebis, was composed solely of plebeians with full legislative authority. The duties and roles of these assemblies and magistrates evolved over time, with the introduction of secret ballots and the election of priests, for example.
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Frequently asked questions
The Roman constitution was an accumulation of laws, legal decisions, and ancient customs. It was not a single act of legislation but a reliance on the wisdom and customs of their ancestors as Roman law developed gradually over time.
The Roman constitution had three main bodies: the magistrates, the senate, and the people.
There were many magistrates, the most important being the consuls and the plebeian tribunes. Almost all magistrates served for a term of one year. The consuls' main role was to lead the republic's armies in war.
The first constitutional system was that of the Roman Republic, which emerged in the fourth and third centuries BC through the Conflict of the Orders. The second was that of the Roman Empire, which developed gradually from the constitution of the republic during the early imperial period (from 27 BC on).
