Isabella Carter
The Roman Constitution was an accumulation of laws, legal decisions, and ancient customs that emerged after the overthrow of the Roman monarchy in 509 BC. It was a set of uncodified norms and customs that, along with various written laws, guided the procedural governance of the Roman Republic. The constitution evolved over almost 500 years, transforming from a republican form of government to an autocratic regime under Augustus in the late first century BC. The Roman Republic's constitution can be divided into three main branches: the Assemblies, the Senate, and the Magistrates, with power divided between them.
| Characteristics | Values |
|---|---|
| Date of constitution | The Roman Constitution was not a single act of legislation but an accumulation of laws, legal decisions, and ancient customs that emerged and evolved over time. The Roman Republic, which succeeded the Roman monarchy, is believed to have begun in 509 BC. |
| Literary sources | Livy and Dionysius of Halicarnassus are the main literary sources for the origins of the Roman political system. Modern scholars, however, view their accounts as a "literary creation of the late republic." |
| Written or unwritten | The Roman Constitution was a mix of written and unwritten laws. While some laws were written down, others were passed down as oral traditions and customs. Roman laws were not published but kept in the care of the pontifices and contained in sacred books. |
| Nature of laws | The Roman Constitution consisted of jus scriptum (written law) and jus non scriptum (unwritten law). Written laws included leges (enactments of assemblies), edicta (edicts issued by magistrates), and responsa prudentium (answers to legal questions by lawyers). |
| Legislative process | The legislative process involved the collaboration of voting assemblies, magistrates, and the Roman Senate. The assemblies did not have the right of legislative initiative but voted on matters presented by the presiding magistrate. The Senate advised the magistrates and exerted influence, especially in public religion, finance, and foreign affairs. |
| Voting procedures | Voting was organised into three units: curiae, centuria, and tribus or tribes. The lex Villia annalis in 180 BC set minimum age requirements for offices. Secret ballots were introduced in the 130s BC. Voting procedures aimed to reduce intimidation and prevent fraud. |
| Election of magistrates | Magistrates were elected by the people in various assemblies, including the centuriate assembly, the tribal assembly, and the plebeian council. The comitia centuriata, or Assembly of the Centuries, was a significant voting assembly. |
| Powers of magistrates | Magistrates had the power to reject votes, request reconsideration, and lead the republic's armies in war. The most important magistrates were the consuls, who were endowed with the power to command (imperium) and consult the gods. |
| Changes over time | The Roman Constitution evolved significantly over time, adapting to the expansion of the Roman Republic and the increasing centralisation of power. The emergence of Augustus as the legal head of state marked a shift towards an autocratic regime. |
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What You'll Learn
The Roman Constitution was unwritten
The Roman constitution was one of the general means by which the Roman people were governed. The first constitutional system of which anything meaningful is known is that of the Roman Republic, which developed after the overthrow of the Roman monarchy (traditionally dated to 509 BC). The second was that of the Roman Empire, which developed from the republic gradually during the early imperial period (from 27 BC on). The constitution of the Roman Republic can be divided into three main branches: the Assemblies, composed of the people, which served as the supreme repository of political power; the Senate, which advised the magistrates; and the magistrates themselves. The magistrates were elected by the people in various assemblies, with the most important being the consuls and the plebeian tribunes.
The middle and early late Republics saw gradual change in the constitution. The lex Villia annalis in 180 BC formalised the cursus honorum by setting minimum ages for each office. The 130s saw the introduction of the secret ballot through the lex Gabinia tabellaria and lex Cassia tabellaria. The lex Domitia de sacerdotis in 104 BC abolished the cooption of priests in favour of election. The Roman Republic began with the expulsion of the last king, Lucius Tarquinius Superbus (r. 534-510 BCE). In his "The Early History of Rome," Livy (59 BCE to 17 CE) wrote: "Tarquin the Proud reigned for twenty-five years. The whole period of monarchial government, from the founding of Rome to liberation was 244 years. After the liberation, two consuls were elected by popular vote."
The Romans divided their law into jus scriptum (written law) and jus non scriptum (unwritten law). By “unwritten law” they meant custom; by “written law” they meant not only the laws derived from legislation but, literally, laws based on any written source. There were various types of written law, the first of which consisted of leges (singular lex), or enactments of one of the assemblies of the whole Roman people. The earliest and most important legislation, or body of leges, was the Twelve Tables, enacted in 451–450 BCE during the struggle of the plebeians for political equality. It represented an effort to obtain a written and public code that patrician magistrates could not alter at will against plebeian litigants.
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The Roman Republic and its constitution
The constitution of the Roman Republic evolved significantly over the almost five hundred years of the republic. The Conflict of the Orders, which emerged in the fourth and third centuries BC, granted plebeian citizens equal political rights and created the tribunate to check patrician power. The tribunes had the power to veto any other magistrate's actions and were the main legislators, with the power to call an assembly of the people and propose laws. The Roman Senate, composed of former magistrates, advised the magistrates and directed them on what to do and how to do it, especially in the administration of public religion, finance, and foreign affairs. The magistrates, elected by the people in various assemblies, were responsible for presenting issues to the assemblies, which had the authority to enact or reject any law, confer any magistracies, and make any decision.
The middle and early late Republics saw gradual changes in the constitution. The lex Villia annalis in 180 BC formalised the cursus honorum by setting minimum ages for each office, and the 130s saw the introduction of the secret ballot. The expansion of Rome in the 3rd and 2nd centuries BC led to the acquisition of overseas provinces, which were governed by consuls or praetors assigned by the senate. The emergence of prorogation meant that by the end of the second century BC, the generals were no longer serving magistrates but their prorogued equivalents.
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 increasing legitimisation of violence and centralisation of authority into the hands of a few, coupled with a collapse of trust in the republic's institutions, led to civil war and the transformation of the republic into an autocratic regime under Augustus.
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The influence of the Roman Senate
The Roman Constitution was an accumulation of laws, legal decisions, and ancient customs. It was unwritten and relied on the wisdom and customs of Roman ancestors. The constitution emerged from the overthrow of the Roman monarchy in 509 BC, which led to the establishment of the Roman Republic. The constitution was divided into three main branches: the Assemblies, the Senate, and the Magistrates.
The Roman Senate was the highest and constituting assembly of ancient Rome and its aristocracy. It was a governing and advisory council that was the most permanent element in the Roman Constitution. The Senate's power and authority derived from its unbroken lineage, which dated back to the founding of the Republic in 509 BC. The Senate was made up of former magistrates, and its collective influence made its advice to the magistrates essentially binding. The extent of deference to the Senate waxed and waned over time, but it was sufficiently strong during the republican period to direct magistrates on what to do and how to do it.
The Senate's influence was particularly strong in the areas of public religion, finance, and foreign affairs. The Senate held the fiscal responsibilities of the Roman Republic's treasury, with regulatory power over transactions. It was in charge of creating and maintaining public buildings, as only they could distribute grants. The Senate also oversaw judicial proceedings in extreme cases of violent offenses in Italy and, at the request of allies, in other territories. In addition, the Senate passed decrees called senatus consulta, which constituted "advice" to magistrates. While these decrees were not technically binding, they were usually obeyed in practice.
The Senate also had a significant degree of power over the civil government in Rome. It controlled money and administration and had extensive powers in foreign policy. The Senate acquired the right to assign duties to magistrates, determine the provinces to be entrusted to consuls, prolong a magistrate's term in office, and appoint senatorial commissions to help organise conquered territories. In an emergency, the Senate could authorise the appointment of a dictator, although this power was not used after 202 BC. After that point, the Senate responded to emergencies by passing the senatus consultum ultimum, which suspended civil government and declared a form of martial law.
The influence of the Senate was such that it could acquire more effective control by observing certain unwritten rules regulating the relationship between the Senate and magistrates. The Senate became a self-perpetuating body, independent of the annual magistrates, and a recognised factor in the Roman Constitution.
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The rise of Augustus and his principate
The Roman constitution was unwritten and emerged from the overthrow of the Roman monarchy in 509 BC. The first constitutional system was that of the Roman Republic, which was succeeded by the Roman Empire, established in 27 BC. The Roman Republic was governed by a set of uncodified norms and customs, along with various written laws.
The Rise of Augustus
Gaius Julius Caesar Augustus, also known as Octavian, was the founder of the Roman Empire and the first Roman emperor. Born in 63 BC, he was the adopted son and heir of Julius Caesar, inheriting his name, estate, and the loyalty of his legions. Octavian demonstrated his political skill and cunning by forming the Second Triumvirate with Mark Antony and Marcus Lepidus to defeat Caesar's assassins. In 31 BC, he defeated Mark Antony and Cleopatra at the Battle of Actium, solidifying his power.
Establishing the Principate
After his military victory, Octavian, now Augustus, faced the challenge of stabilising the Roman government while consolidating his power. He achieved this through a series of political manoeuvres and reforms. Augustus retained an annual consulate, which highlighted his de facto dominance over the Roman political system. He also held several offices simultaneously, including consul, tribune, and princeps, which granted him supreme authority and effectively transformed his rule into a monarchy.
The Illusion of the Republic
Augustus was clever in maintaining the facade of a republican system while concentrating power in his hands. He assumed the title of "Augustus," which carried religious authority and indicated his approach to divinity. He followed republican-era precedents, such as securing peace and stability, to justify his control of entire provinces and the military. By maintaining the institutions of the old Roman Republic, including the Senate and popular assemblies, Augustus created the illusion of respecting republican traditions.
The Pax Romana
Augustus' rule initiated an era of peace and stability known as the Pax Romana or Pax Augusta. Through his military successes and reforms, he established a long period of relative peace within the Roman Empire. He restructured the Roman legions, creating a standing army loyal to the Emperor, ensuring stability and strengthening his position.
The Legacy of Augustus
Augustus' reign laid the groundwork for the future of the Roman Empire. His political and military reforms, patronage of the arts, and emphasis on cultural achievements established Rome as a cultural force. The Augustan succession established a precedent for dynastic rule, leading to the rise of emperors like Caligula and Nero. The Principate system, a delicate balance between republican ideals and imperial power, endured for nearly three centuries until it gave way to the more autocratic Dominate form of government.
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The Twelve Tables
The first known publications of the text of the Twelve Tables were prepared by the first Roman jurists. Sextus Aelius Paetus Catus in his work on jurisprudence called Tripartita included a version of the laws of the Twelve Tables, his commentary on them, and the legal formulas (legis actiones) to use them in trials. Lucius Acilius Sapiens was another early interpreter of the Twelve Tables in the middle of the second century BC.
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Frequently asked questions
The Roman Constitution was never a single act of legislation. Instead, it was an accumulation of laws, legal decisions, and ancient customs that emerged from the Roman Kingdom.
The Roman Constitution was a set of uncodified norms and customs, which, together with various written laws, guided the procedural governance of the Roman Republic.
The main literary sources for the origins of the Roman political system were Livy and Dionysius of Halicarnassus, who relied on Roman annalists and supplemented the little written history with oral history.
The Roman Constitution was characterised by its division of power. All policy decisions were dependent on the collaboration of the voting assemblies, the magistrates, and the Roman Senate.
