The Latin words res publica which mean 'commonwealth' or 'state' is the source of today's term 'republic'. Rome was never a democracy as we would understand it today, nor as the Greeks understood it. For Roman society and the power within it was firmly divided by class. Most obviously, there was a division between the free and the enslaved. But the free Romans were further divided. If they were free from birth or had been released from slavery, if they were Roman citizens or Latins, if answerably to a guardian, etc...

The early Republic was solely ruled by the two upper classes, the senators, who qualified by birth and wealth, or the equestrians or knights. The latter were the second most wealthy group in Roman society. Their name stems from the fact that they were supplied, by public expense, with a horse when required for military duty.
The change from Monarchy to Republic was a gradual one. What was the King's main function, including the waging of war, was then taken care of by two consuls (initially called magistrates) of equal rank, elected for one year.

It was Lucius Valerius Publicola who decreed that the lictors, the bearers of the fasces were to march in front of each consul on alternate months, so that there was not to be more symbols of power under the Republic than under the Kings.

The Roman government of the Late Republic was basically a modified version of the government instituted when Rome was little more than a town with a few miles of territory around it. This government can be analyzed under three categories: magistrates, senate, assemblies.
Offices
Consul     Dictator     Pontifex Maximus     Censor     Praetor     Aedile     Quaestor

The Roman republic was led by two Consuls who were joint heads of the Roman state and commanders-in-chief of the army. They were elected only for one year and thereafter could not be re-elected again for 10 years, in order to prevent any form of tyranny. Until 367 BC plebeians were barred from the office of consul. The first plebeian consul followed immediately after the change in 366 BC.
The main role of consuls was to prepare and propose new laws. Though this required co-operation between the two consuls, as either had the power to veto any proposals by the other.

In times of crisis, a Dictator could be appointed. His time in office could not be longer than six months. But for his time in office he possessed the absolute power of a king.
Until 367 BC plebeians were barred from the office of consul. The first plebeian consul was appointed in 356 BC Gaius Marcius Rutilus).

Religion was firmly in the hands of the Pontifex Maximus (High Priest) - a title still held by the present day pope. The pontifex maximus was, as were pretty much all official positions, an elected office. But unlike other offices its holder enjoyed a residence at the Roman forum in the very heart of Rome. His chief duty was to preside at a state ceremonies, but apart from that he also oversaw the calendar and chose the vestal virgins, as well as some of the priesthoods. He also possessed powers to discipline members of the priesthood.

The Censor (of which there were two) was in his main duty the registrar of Rome. But he also oversaw the finances, including taxation, inspected the quality of public works and - more controversially - oversaw public morality.
In his role as registrar of Rome, he and his staff compiled lists of all Roman citizens, recording their name, age, ancestry, families, wealth as well as which one of the three tribes of Rome they belonged to.
If the initial purpose of the census, the counting of the people, was to allow for the military strength of Rome to be assessed, then it was naturally the censor, during the time of conscription, were in charge of assigning men, according to their status, to the various types of infantry or cavalry.
In their role of inspectors of public works, they oversaw the maintenance of the temples, roads, water systems.
Their powers of moral guardians were sweeping ones. Not only were they charged to discourage unmarried couples living together and to punish anyone who did not properly maintain his land, but they even possessed the power to bar a senator from the senate.
Simply for not seeing to his lands properly a citizen could be reduced to the lowest rank of citizenship.Equestrians too would be punished,if they were found to have neglected their horse, provided to them by public funds.
The office first arose in 444 BC, the first plebeian to hold it was Gaius Marcius Rutilus in 351 BC. Generally this powerful office was only ever granted to those who had already ascended the 'ladder of honour' from quaestor to consul and had thereby proved their worth. From the second century BC onwards, elections for this office were held every five years, coinciding with the census of the people. Despite the five yearly elections, a censor would only hold office for eighteen months, meaning that for the remaining three and a half years there would be no censors in place. Although his rulings would stay in place until the next election.

The Praetor (of which there were six after 197 BC) was in charge of the judiciary of Rome. He was in effect the chief law officer. He acted as the chief judge, apart from the consuls who possessed higher authority, should they choose to use it.
He also acted as a deputy to the consuls, in particular regarding the administration of the provinces. And it is therefore that provincial governors were either drawn from former consuls (proconsul) or from former praetors (propraetor).
The office of praetor was created in 366 BC, within about a century the post was held by two. The first plebeian praetor took up office 337 BC.

The Aedile (of which there were four after 421 BC) was the supervisor of public works. He oversaw the public works, temples and markets. (Therefore there must have been some cooperation with the censors who had similar or related duties.) Also he oversaw the organization of festivals and games, which made this a very sought after office for a career minded politician of the late republic, as it was a good means of gaining popularity by staging spectacles.
In 367 BC BC the refusal of the plebeian aediles on one occasion to stage circus games for the length the senate desired, led to the senate simply creating two new patrician aediles, the so-called curule aediles (aediles curules) who then obliged in staging the games for the appropriate length of time. The curule aediles were hence of senior authority. But within twelve months the differences were settled and also plebeians were allowed into the curule aedileship.

The Quaestor (of which there were four after 421 BC, and ten after 267 BC) was in charge of the military and civic treasury of Rome as well as keeping records. (Therefore there must have been some cooperation with the censors who had similar or related duties.)
Further the quaestors also acted as aides to the consuls. This office was the lowest of the magistracies, the beginning of the 'ladder of honour' which would lead to the office of consul.
The minimum age at which one could stand for this office was 25, allowing time for service in the legion. The first ever plebeian to take office as quaestor did so in 409 BC.

Magistrates

There was no qualification for office, but only the wealthy held office. A certain number of families had a tradition of holding office, and those whose ancestors had held the consulship were called nobles. Within the nobility a particular mark of honor went to the patricians. No one knows exactly what the rank originally meant, but it goes back to the senatorial families at the foundation of the Republic. Certain priesthoods were reserved for patricians. Those who had not held office before were eligible, but were obviously at a disadvantage. A man whose ancestors had never held the office for which he was running was called a "new man" (novus homo). Rome was in effect an elective oligarchy.

Roman government was carried out by a hierarchically arranged series of magistrates. Magistracies were normally held for one year.

The senior magistrates possessed a power called imperium, originally the power of life and death. By the Late Republic magistrates could not execute or flog Roman citizens but could exercise this power against foreigners. By virtue of their imperium senior magistrates could raise and command armies. Two kinds of magistrates held imperium.
Consuls

The consuls were the chief magistrates of the Roman state. There were two consuls and the year was named after them. The consuls normally dealt with the most pressing issues, usually wars.
Praetors

Below the consuls were the praetors, who held a lesser form of imperium. By 133 there were six praetors. The urban and peregrine praetors dealt with legal matters in Rome, and the other four were to govern provinces.
Prorogation

However, by this date there were six provinces. The Romans dealt with this excess of provinces over magistrates with imperium though the institution called prorogation. Through prorogation a magistrate's imperium was extended for another year (and he became a proconsul or propraetor). Prorogation thus allowed the Romans to increase the number of magistrates with imperium without unduly increasing the number of elected magistrates (and thereby cheapening the honor). Imperium extended through prorogation could be exercized only outside of Rome and was lost if the magistrate re-entered the city. A magistrate in the city could leave after his year in office to govern a province through prorogation or a magistrate who governed a province during his year in office could also be prorogued. No prorogation was allowed within the city.

There were also a number of junior magistrates without imperium.
Aediles

The aediles originally dealt with the upkeep of the city, but by the late Republic their most prestigious job was the task of putting on public festivals, which allowed them to win popular acclaim.
Quaestors

Below the aediles were the quaestors, who were financial officials assigned to every magistrate with imperium.

Below the quaestors there were a number of minor offices that were not obligatory but often were the first step in a young man's political career.
Cursus honorum (ladder of offices)

1. Within the Roman values system--honos/honestus, gloria.

(1) tribune> curule aedile> quaestor> proquaestor>

(2) praetor> propraetor> consul> censor

There was a fixed order of offices: quaestor, praetor, consul. All had to be held, in that order. The age for holding the quaestorship was about 25, while the praetorship and consulship were fixed respectively at 39 and 42. The aedileship was not obligatory and was held between the quaestorship and praetorship.
Tribunes of the plebs

In addition to these regular magistracies were the ten tribunes of the plebs. These officials originally not the Roman People as a whole but only the plebs. At the foundation of the Republic, only patrician families could hold office, and everyone else belonged to the plebs. The first two centuries saw a struggle by the plebs to win equality with the patricians, and the tribunes were elected only by the plebs to represent them. By the mid- fourth century plebeians won the right to hold office, and a new ruling class called the nobility, consisting of older patrician and wealthy plebeian families, came into existence. But the old distinction between plebs and the state as a whole (the Populus Romanus) continued. The plebeians had their own assembly (see below), which elected the tribunes. The tribunes could in person veto the action of any magistrate in the city, could summon the senate and propose laws in the plebeian assembly. Though the office was founded for the defence of the plebs, in the Mid Republic it was held by members of the ruling nobility and co- opted into the government. Starting in 133, tribunes would begin to use the inherent powers of the plebeian assemblies against the governing oligarchy.

 

As in any large society with growing sophistication and complexity there arises the need for ever more governmental offices to oversee and regulate aspects of life. In the Roman Republic the following offices were created in order to deal with the expanding demands on government.

Pontifex Maximus

Religion     Censor

Public Morality     Praetor

Law Officer     Aedile

Public Works     Quaestor

Treasurer
Lex Villia annalis 180 BCE

Before becoming a Roman Republican Consul a young man followed the cursus honorum, or course of honor, which required him to serve in a series of increasingly important positions in the magistracy. This was a time honored and accepted custom which provided a Consul with the experience and wisdom needed to successfully lead the Republic. The Republican Senate felt that this experience was absolutely necessary prior to holding the office of Consul. In 180 BCE the Senate adopted the Villian Law which established minimum ages for holding the curule magistracies. These minimum ages were: Curule Aedileship Age 36 Praetorship Age 39 Consulship Age 42 A magistrate could not hold successive office in the same position but could be elected to the same office after a two year period.
Assemblies

The Senate     Comitia Curiata     Comitia Centuriata     Comitia Tributa     Concilium Plebis

The Senate had roughly 300 members. In the very early days of Roman history entry to the senate was by birth or rank. Later it was the consuls who nominated new members to the senate.
Plebeians gained entry in the course of the fourth century BC. It was their entry into the house which saw the assembly become a body of experienced magistrates, rather than merely being the privileged nobility.
Somewhere in the early to mid fourth century it became the censors who decided upon whom to allow to join the assembly. If usually it was consuls who joined the senators at the end of their year in office, Sulla introduced rules by which all quaestors entered the senate after their term in office. Had he created 300 new senators after the civil war his proscriptions it is estimated that the number of senators remained roughly around 500.
The senate itself didn't pass any laws of its own, but far more offered advice. However, it authority lay in its longevity. Any magistrate would only serve for one year. So despite enjoying more effective power than the senators he would be out of office after only twelve months, they wouldn't.
With the senate consisting entirely of former magistrates, one must consider that it was a body of vast experience and great competence.
Although the senate didn't appear to possess any defined powers, much of its power lay in customary acceptance of the senators advice on particular matters. And so foreign policy and major financial issues effectively lay firmly in the hands of the senate.
But so too did it advise on legislation and religious questions.
In effect, the senate formed, once plebeians had entered it, represented a aristocracy of political merit. Although, it must be said, that most were sons of former senators, continuing a long line of professional politicians in their family. And so there were few 'new men' to be found in the assembly.

The comitia curiata under the Roman kings acted as the people's assembly. It was up of representatives of the three old tribes of the city of Rome (three old tribes: ramnes, tities, luceres). It is apparently based on these three old tribes that ten divisions of each tribe mere made to form a curia, which would then be represented in the comitia curiata. This although King Servius Tullius defined the four new urban tribes of Rome (four new tribes:sucusana, esquilina, collina, palatina) which meant that the tribes no longer were matters of birth, but merely where in the city you held residence. Despite such changes the division of Rome into thirty curiae remained.
As an assembly the comitia curiata didn't really possess any real political powers. Far more its role was to 'confirm' magistrates in their position, once they had already been confirmed by the senate. In essence they therefore held no real political power, but acted as a discussion forum from which the spokesmen of the ordinary people could make their voices heard. The comitia curiata though also could act as a court of appeal for death sentences, if the quaestors deemed it suitable to hand a case to them for review.
The minimum age for the spokesman for a curia was fifty years and he was elected for life.

The comitia centuriata had already under the kings been the council representing the military units (the 'centuries'). The comitia centuriata elected the higher magistrates (consuls, praetors, censors-although it was the senate which nominated the candidates), officially declared war and peace (although the actual decisions for this lay with the consuls). Also it was the highest court of appeal for executions or exile.
When considering the comitia centuriata one needs to keep in mind that its great influence was reflecting the fact that it was made up of the soldiery, which in republican times was almost entirely made up of the landowning classes.
Its influence decreased in the later republic, being eclipsed by the comitia tributa and the concilium plebis.

The comitia tributa, the tribal assembly, was made up of spokesmen for the 'new' tribes, as initially defined by king Servius Tullius. If the king had originally created 20 tribes, then this was expanded to 35, of which four remained the tribes of the city of Rome (four 'new' tribes:sucusana, esquilina, collina, palatina).
It elected the lower magistrates (curule aediles, quaestors) and other officials. In the later republic became the chief law making body, together with the concilium plebis.

The concilium plebis, was the plebeian assembly. It could only be summoned by the Tribunes of the People (tribuni plebis). It was made up in the same was as the comitia tributa, but with the exception that the upper classes were excluded, hence only allowing admission to plebeians.
If at first the assembly could only pass laws (plebiscita) which would affect the plebeians, then from 287 BC onwards its decrees became effective for all Romans, irrespective of class. The assembly also elected the tribunes and plebeian aediles.
In the later republic became the chief law making body, together with the comitia tributa.
 

The Roman People were theoretically supreme. In their assemblies, they elected all magistrates, passed all laws, and could hold trials. Various aspects of the assemblies minimized the influence of poorer voters.
Curiate Assembly (Comitia Curiata)

Oldest: Curiate Assembly, the 30 original neighborhoods: (1) Concerned with family matters: status, manus, adoption (2) Maintained neighborhood shrines along with Collegia Compitalici, drinking clubs/mummers? The Curiate Assembly was still a going organization on 62
Centuriate Assembly (Comitia Centuriata)

Next: the Centuriate Assembly, the Army in Council: (1) Centuries share common root with Census (2) Every lustrum each citizen divided into one of five categories based on the original army organization (a) Sword, breastplate, shield, spear--80 (b) Sword, shield, spear--20 (c) Shield, spear--20 (d) Light shield, Javelins--20 (e) Slingers--30 (f) 5 centuries of support troops (3) Wealthiest citizens in 18 centuries of cavalry=The Equestrians (4) "Knights" and 1st Class voted first, and elections did not continue after the decision (5) Each class divided into same number of Seniores/Juniores, 46-64/17-45 year olds, fewer elders with same vote so even then... (6) Summoned by officials with imperium, who could dissolve or cancel the election for religious or legal reasons (7) Elected same, ratified consulta of the Senate into leges, declared war

The highest assembly was the centuriate assembly. It organization originally derived from that of the Roman army. There were five census classes, and to serve in the army one had to have the minimum census qualification for the fifth class. The five classes were assigned 188 of the 193 voting units (centuries), and all those who fell below the minimum qualification were grouped into a single century, and members of the first class controlled 88 centuries. Elections were not decided by the counting of all votes, but instead the votes of each century were counted separately and then the majority of that century had a vote equal to that of any other century. Thus a hugely disproportionate weight was given to a vote in the highest class. The centuriate assembly elected magistrates with imperium, conducted capital trials and could pass laws.

The other two assemblies were organized by tribe. There were thirty-five tribes, and these were simply territorial units: a citizen was assigned to a tribe on the basis of the location of his home.
Tribal Assembly (Comitia Tributa) / Plebian Assembly (Concilium Plebis)

The tribal assembly was the Roman People assembled by tribe and it elected magistrates without imperium and decided non-capital trials.

The plebeian assembly (concilium plebis) was basically the same as the tribal assembly but excluded the patricians. In origin it was simply the corporate assembly of the plebs and its decisions applied only to the plebs, but in 287 these decisions (plebiscites) were made binding on the Roman People as a whole. Because the religious formalities associated with the plebeian assembly were significantly less cumbersome than those of the centuriate assembly, in the Mid Republic the senate preferred to have tribunes pass the laws it wanted in plebeian assembly. In the Late Republic tribunes from the nobility would use the inherent powers of the plebeian assembly against the ruling oligarchy.

Tribal/Plebeian Assembly, a relic of the Revolution: (1) Summoned by tribunes (2) When Plebs resorted to joint action (secessiones to Aventine) to gain basic role in government, they formed their own deliberative body, and elected the tribunes. (3) Plebeian tribes elected (a) tribunes (b) Two aediles: curules, city management, public games (4) Plebiscita, with the force of law after 287 (5) Courted by vote-seekers and power-mongering tribunes
The Senate

All senior magistrates automatically sat in the senate. Eventually the quaestorship gave the right to sit in the senate. Strictly speaking, the senate had no statutory powers at all, and could only issue "advice" (decrees of the senate). However, since the senate comprised the most important political men in the state, magistrates generally obeyed its decrees. Furthermore, during the war with Hannibal (218-202 BC) the senate had assumed control of overall policy, and controlled the prorogation of magistrates. The senate also oversaw the state finances by controlling the distribution of money from the state treasury.
Assessment of the Assemblies

(1)The assemblies were not often in session. Ask any bureaucrat--day to day control is where the REAL power lies.

(2) Membership originally king's prerogative, then consul's, then censors, then every office-holder from curule aedileship upwards. For life, unless thrown out by a censor

(3) Assembled first by kings, then by officials with imperium to advise them

(4) Could vote and pass consulta as way of: (a) Instructing magistrates: S.C.U (b) Advising people--but remember the mechanics of the Centuriate Assembly

(5) Essentially the Roman upper classes in union to maintain their res publica against enemies foreign and domestic: Cineas, again.

(6) They did a good job of that, it must be admitted. B. No time to go over the early rounds of the Struggle of the Orders but 1. In between the gerrymandering, the clients voting with their patron families, patrician control of the priesthood and censorship, the plebs basically had no vote and no way of holding office 2. Just as in Athens, what finally drove the people into revolt was upper-class abuse of debt-slavery, nexum 3. That mess largely grew out of plebs being drafted off their farms to fight in the wars. One day the army marched off in the wrong direction and told the patricians to defend their own damn estates 4. One of the reasons the Romans were so generous with their citizenship was their need for draftees 5. There were also wealthy plebs who, by the Lex Canuleia of 445 were able to contract marriage alliance with impoverished patrician families 6. The gerrymandering in the Centuriate Assembly favored whichever group was in charge--so it was upper-class plebs and patricians vs. lower class everybody 7. Therefore, as long as everybody was in cahoots, the system worked. . . but what if people fell out of cahoots?

XII. Enter the Gracchi:


Analysis of Rome's institutions by Polybius noted that the senate controlled the most important spending on public buildings by the censors and the investigation of the crimes of treason, conspiracy, and murder. Foreign affairs and the imposing of penalties or rewards on other nations were also the prerogative of the senate. Nonetheless the people were responsible for conferring honors and punishment, bestowing of offices, passing or repealing laws, declaring war or peace, and ratifying treaties. Tribunes could still veto decrees of the senate and could even prevent them from meeting. By this time the rise of "new men" to the consulship from the plebeians ennobled their families so that now there were many noble plebeian families and more plebeians in the senate than patricians. The senate usurped more power by nullifying new laws that did not give due regard to existing laws and by appointing judicial commissions with unlimited punitive power. According to Polybius all citizens were supposed to serve at least ten years in the army except for the poorest, who served in the navy, and no one could hold office before completing ten years of military service.

A. How did the Roman government, officially, work? (Starr, pp. 468 ff.)

 

2. The concept of Imperium--the inheritance from the King after 509. Keep it divided in order to prevent a tyrant (bad) or a king (unthinkable!) except in emergencies:

(1) dictator, appointed by one of the two consuls on the Senate's nomination

(2) His orders (except for executions) not subject to veto or appeal

(3) Maximum term 6 mos., ideally to resign (Cinncinnatus) as soon as the emergency had passed

(4) Could not ride horse, had to appoint a Magister Equitum to command the cavalry

b) Two consuls, initially from the oldest settlers, the patricians vs. plebeians

c) In 366 a praetor--home defense, and then the addition of judicial authority, later two. Still had imperium, but subordinate to the consuls.

d) Proconsuls--leave the person who had the office last with the same responsibilities outside of the city. Generals, later provincial administrators.

e) Aediles--four, supervisors of markets, roads, and commerce, inc. foreign commerce., no imperium.

f) Quaestors--collected, counted, distributed state revenues, no imperium.

g) Ten tribunes, products of the secessions of the 500's

    (1) Title is the old military one, 6/legion, coming from the Plebs in the army marching over to the Aventine and forcing the patricians to make terms

    (2) "Slow Burn" revolution--protectors of the plebs, could forbid the action of any Roman citizen and the plebs had sworn to kill anyone who interfered with one

(3) ONLY Plebs could be tribunes or vote for them

h) Lesser officials: lictors, judges, scribes

(1) lictors closest thing to police

    (a) Enforced order in the assembly, cleared paths

    (b) praetor urbanus 2, consuls 6/12, dictators 12/24

(2) duo viri noctunales--night court

i) Religious Administration

The Pontifex Maximus led a college of 9 Pontifices to maintain ritual, open and close temples and a college of 9 Augurs to watch for bird sign

j) Outside, yet Inside--the Censorship

(1) Always elected from consulares, ex-consuls but no imperium

(2) Elected for 18 mos every five years, a lustrum linked to religious ceremony purifying the city

(3) Every Roman citizen asked to declare wealth, size of family

(4) Also let public contracts (since aware of the tax base?) for roads, aquaeducts, cf. Flaminius as censor and the Via Flaminia

(5) Could excersise the power of the purse, or control Roman politics by throwing people out of the Senate or their census rating for charges such as immorality, hence the modern association.

 
 

 

Clientela

One reason that the Roman oligarchy was able to maintain itself was the social institution called clientela. By this when anyone who sought the assistance of another the former became the client of the latter, who was thus his patron. This system meant that lower members of society had a greater interest in supporting the position of his patron than in getting rid of all patrons. However, the facts that any magistrate who benefitted citizens naturally became their patron and that all distributions of land had to be implemented by specific magistrates made the oligarchy very averse to any form of land distribution in the Late Republic. This situation was to cause the oligarchy much trouble.

The Romans extended this system to their foreign policy. Conquered peoples became the clients of the generals who conquered them, and could adopted other leading men as clients.
Optimates/populares

The second century was one of comparative calm in Roman politics. The ruling oligarchy maintained its control of Roman government without any challenge, and led the Roman state to victory in numerous wars of conquest. In the Late Republic this control was challenged by members of the ruling class who championed the powers of the popular assemblies against the oligarchy. Those who supported the oligarchy, which on the whole is equivalent to the position of the senate, are called optimates. Those who challenge the oligarchy are called populares. The populares had no coherent policy, and a man who was a popularis politician in youth generally became an optimate once he achieved higher office.
Equites

[Lat.,=horsemen], the original cavalry of the Roman army, chosen, according to legend, by Romulus from the three ancient Roman tribes; the equites were selected from the senatorial class on the basis of wealth. During the late republic they numbered 1,800, but during the empire their number more than doubled. A law passed by Caius Sempronius Gracchus in 123 B.C. transferred judicial functions from the senate to the body of equites, who, though later deprived of these powers by Sulla, attained much influence in the state. In the 1st cent. B.C. the equites were a distinct class allowed to engage in business and they allied themselves alternately with the popular and the senatorial parties. During the reign of Augustus, the equites lost their political power.