Constitution of the Middle Republic

Origins of Republic

Traditional date for foundation of city ca. 753 BC
- Foundation in reality a gradual process over centuries
Kingdom replaced by Republican form of government ca. 509 BC
- Republic not democratic
- Rule of elected wealthy landowners

Three Elements of the Constitution

Magistrates
Senate
Assemblies

Magistrates

Elected by assemblies
Senior magistates have imperium
- imperium is old power of kings
- Used to command armies
- Its use restricted within Rome
Colleges
- Negative prevails over positive
- Prevents tyranny through rivalry
Annual tenure
No pay
- Only wealthy landowners hold office

Consuls

Chief magistrates at start of Rep.
- Replace kings
Only two
"Eponymous" (year named after them)
- "In the consulship of X and Y"
Command Roman armies

Dictators

Regular office
- Bad associations of word in English come from tyrannical use of the office's in Late Republc
Not proper magistrate
Used to prevent split command among quarreling consuls during military emergency
- Appointed by a consul
- One consul sometimes appointed his colleague
Stood above regular magistrates, who continued in office
Held only six-month tenure
Office later used to provide stand-in for absent consuls
- for holding elections
- for performing religious duties
Office fell into abeyance after 200
- Not needed once there were large numbers of magistrates
- Office felt to be out of sync with oligarchic form of government

Censors

Peculiar office
- Violates normal rules for magistrates
Two
Hold census, let out contracts, enroll senators
Hold office 18 mos.
Elected every five years

Praetors

At first only one
Junior colleague of consuls
Initial position eventually called "urban praetor"
Later more praetorships created

Quaestors

Have no imperium

Financial officials

Start as aids to consuls

Elected starting 447

More created over time

Each mag. with imperium has one

Promagistrates

Annual tenure of imperium-holding magistrates found to cause problems
- Bad idea to replace successful commander in field during major campaign if he's doing well
- Why replace with untried new commander?
In later 300s, magistrates retained in field if authorized by law
Later, (uncontroversial) law to extend command dispensed with
Senate authorization good enough
Magistrate with extended imperium called proconsul or propraetor depending on original office
Promagistrates lose imperium if they set foot in city of Rome

Senate

Body of ex-magistrates
Derived from old council of kings
- "Senator" derived from "elder" (senex)
Called into session by a magistrate
Its decrees not laws
- Its advice hard to ignore
Eventually gains control over provincial assignments, state finances

Assemblies

Very limited powers of deliberation
- Called into session by magistrate
- Could only accept/reject proposal of magistrate
- Public feeling sounded out in contio (informal assembly)
Voting by units
- Units of unequal numbers of members
- Each unit has one vote determined by majority of its voters
Powers:
- Elect magistrates
- Vote on laws
- Determine legal cases

Centuriate Assembly (comitia centuriata)

Originally based on organization of army
Arrangements become fossilized, real army changes
Based on census qualifications
- Five census classes based on wealth
  - Higher classes had:
    - higher minimum qualifications
    - obligations in terms of mil. equip.
  - 187 centuries divided among the five classes
  - First census class plus cavalry control half of votes (later reduced to just under half)
  - Everyone who doesn't meet minimum qualification for military service (majority of pop.) votes in one century
Powers:
- Elect magistrates with imperium
- Basically the soldiery elect their senior commanders
- Pass laws
- Decide capital trials

Tribal assembly

Voting units: geographical tribes
Powers:
- Elect mags. w/out imperium
- Decide non-capital trials (those involving a fine)

Patricians vs. Plebs

Patricians
- Patrician families recognizable in late Republic by distinctive attire, right to hold certain offices priesthoods
- Literary tradition says status existed under Kingdom
- Estblished a hereditary monopoly on office-holding in 400s BC

Plebs

Etymology unclear

"mob"?

Collective body of everyone not a patrician

individuals called "plebeians"

Struggle of Orders

Protracted domestic conflict in which plebs seek:
- Redress of economic grievances
- Demand political equality
Representatives of plebs called "tribunes
- "officers of tribes"
- Wealthy plebeians who act as spokesmen of plebs
- Don't represent populus (=plebs + patricians)
Assembly of plebs (concilium plebis)
- Voting decided by tribes
- Resolutions called "plebiscite" ("decision of plebs")
  - Not binding on populus
- Elections of tribunes

Struggle resolved 367-ca. 287 BC

Praetor created

Consulship opened to plebeians

Later other offices, priesthoods opened

Ones not opened show patrician status

Ca. 287 plebiscites given force of law

Apply to populus

Tribunate recognized as official position

Can summon senate
Pass legislation (plebiscites)
Intervene with magistrates

Nobility

Wealthy plebeians who hold office soon combine with patricians
- Give up alliance with plebs
Anyone with consul ancestor is "noble"
"Nobility" are the wealthy families who control public life over the generations
Noble tribunes use assembly of plebs for benefit of senate

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