Curiate Assembly

In the Roman system of direct democracy, primary types of gatherings were used to vote on legislative, electoral, and judicial matters. The first was the Assembly (comitia, literally "going together" or "meeting place").^[6] The Curiate Assembly was a comitia. Assemblies represented all citizens,^[7] even if they excluded the plebs like the Curiate Assembly did, and were used for official purposes, such as for the enactment of statutes. Acts of an Assembly applied to all Roman citizens. The second type of gathering was the Council (concilium), which was a forum where a specific class of citizen met. In contrast, the Convention (conventio, literally "coming together") was an unofficial forum for communication. Conventions were simply forums where Romans met for specific unofficial purposes, such as, for example, to hear a political speech.^[6] Private citizens who did not hold political office could only speak before a Convention, and not before an Assembly or a Council.^[8] Conventions were simply meetings, and no legal or legislative decisions could be made in them. Voters always assembled first into Conventions to hear debates and conduct other business before voting, and then into Assemblies or Councils to vote.^[9]

Chart Showing the Checks and Balances of the Constitution of the Roman Republic

A notice always had to be given several days before the Assembly was to vote. For elections, at least three market-days (often more than seventeen actual days) had to pass between the announcement of the election, and the actual election. During this time period (the trinundinum), the candidates interacted with the electorate, and no legislation could be proposed or voted upon. In 98 BC, a statute was passed (the lex Caecilia Didia) which required a similar three market-day interval to pass between the proposal of a statute and the vote on that statute.^[10] During criminal trials, the assembly's presiding magistrate had to give a notice (diem dicere) to the accused person on the first day of the investigation (anquisito). At the end of each day, the magistrate had to give another notice to the accused person (diem prodicere), which informed him of the status of the investigation. After the investigation was complete, a three market-day interval had to elapse before a final vote could be taken with respect to conviction or acquittal.^[11]

Only one assembly could operate at any given point in time, and any session already underway could be dissolved if a magistrate "called away" (avocare) the electors.^[10] In addition to the presiding magistrate, several additional magistrates were often present to act as assistants. They were available to help resolve procedural disputes, and to provide a mechanism through which electors could appeal decisions of the presiding magistrate.^[12] There were also religious officials (known as Augurs) either in attendance or on-call, who would be available to help interpret any signs from the gods (omens), since the Romans believed that the gods let their approval or disapproval with proposed actions be known.^[12] In addition, a preliminary search for omens (auspices) was conducted by the presiding magistrate the night before any meeting.^[13] On several known occasions, presiding magistrates used the claim of unfavorable omens as an excuse to suspend a session that was not going the way they wanted.

On the day of the vote, the electors first assembled into their Conventions for debate and campaigning.^[9] In the Conventions, the electors were not sorted into their Curiae. Speeches from private citizens were only heard if the issue to be voted upon was a legislative or judicial matter, and even then, only if the citizen received permission from the presiding magistrate.^[14] If the purpose of the ultimate vote was for an election, no speeches from private citizens were heard, and instead, the candidates for office used the Convention to campaign.^[15] During the Convention, the bill to be voted upon was read to the assembly by an officer known as a "Herald". Then the order of the vote had to be determined. An urn was brought in, and lots were cast to determine the sequence by which the Curiae were to vote.^[16]

The electors were then told to break up the Convention ("depart to your separate groups", or discedite, quirites). The electors assembled behind a fenced off area^[9] and voted by placing a pebble or written ballot into an appropriate jar.^[17] The baskets (cistae) that held the votes were watched by specific officers (the custodes), who then counted the ballots, and reported the results to the presiding magistrate. The majority of votes in any Curia decided how that Curia voted. If the process was not complete by nightfall, the electors were dismissed without having reached a decision, and the process had to begin again the next day.^[18]

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Direct democracy

Direct democracy

Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic was the core of work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.

Constitution of the Roman Republic

Constitution of the Roman Republic

The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman kingdom, evolved substantively and significantly—almost to the point of unrecognisability—over the almost five hundred years of the republic. The collapse of republican government and norms from 133 BC would lead to the rise of Augustus and his principate.

Augur

Augur

An augur was a priest and official in the classical Roman world. His main role was the practice of augury, the interpretation of the will of the gods by studying events he observed within a predetermined sacred space (templum). The templum corresponded to the heavenly space above. The augur's decisions were based on what he personally saw or heard from within the templum; they included thunder, lightning and any accidental signs such as falling objects, but in particular, birdsigns; whether the birds he saw flew in groups or alone, what noises they made as they flew, the direction of flight, what kind of birds they were, how many there were, or how they fed. This practice was known as "taking the auspices". As circumstance did not always favour the convenient appearance of wild birds or weather phenomena, domesticated chickens kept for the purpose were sometimes released into the templum, where their behaviour, particularly how they fed, could be studied by the augur.

Shortly after the founding of the republic, many of the political powers of the Curiate Assembly were transferred to the Centuriate Assembly and the Tribal Assembly.^[2] This included the transfer of the election of tribunes to the Tribal Assembly by the Lex Publilia in 471 BC.^[19]

While it then fell into disuse, it did retain some theoretical powers, most importantly, the power to ratify elections of the top-ranking Roman Magistrates (consuls and praetors) by passing a law (lex curiata de imperio or "Curiate law on imperium") that gave them their legal command (imperium) authority. In practice, however, they received this authority from the Centuriate assembly (which formally elected them), and as such, this functioned as nothing more than a reminder of Rome's regal heritage.^[3] Even after it lost its powers, the Curiate Assembly continued to be presided over by Consuls and Praetors, and was subject to obstruction by Roman magistrates (especially plebeian tribunes) and unfavorable omens (as were the other assemblies).^[3]

By the time of the middle and late Republic, there was considerable debate about the need for confirmation in imperium by the Curiate assembly. For example, praetors were not permitted to undertake judicial business without confirmation in the imperium and nor could consuls command troops or call the comitia centuriata to hold the election of his successor.^[20] Cicero's contemporaries argued that without confirmation in the imperium, a magistrate could not as a promagistrate, or without it, govern the province at his own expense and be ineligible for a triumph after a military victory.^[20] These rules would have prohibited magistrates from engaging in serious public business before confirmation, but for the fact they were widely ignored and legislation often included provisions stating that in the lack of a curiate law, they "be magistrates in as legal a sense as those who are elected according to the strictest forms of law".^[20] By 212 BC, the lack of such a law granting imperium to the propraetor of Spain, Lucius Marcius, was no issue for the senate, which refrained from declaring the election illegal.^[21] During the late Republic, by 54, the consul Appius Claudius insisted that he held imperium, due to statute passed by Sulla granting imperium to promagistrates until their return to the city without mention of the curiate grant of imperium, and also that he held the authority to call the Assembly to elect new magistrates.^[22] However, in the late Republic, with increasing conflict between the optimates and the populares, it is likely that the senate, trying to increase its control over provincial governors, stressed the importance of this law, even as magistrates ignored their complaints.^[23]

Acts that the Curiate Assembly voted on were mostly symbolic and usually in the affirmative.^[3] At one point, possibly as early as 218 BC, the Curiate Assembly's thirty Curiae were abolished, and replaced with thirty lictors, one from each of the original Patrician clans.^[3]

Since the Curiae had always been organized on the basis of the Roman family,^[4] it retained jurisdiction over clan matters even after the fall of the Roman Republic in 27 BC.^[5] Under the presidency of the Pontifex Maximus,^[2] it witnessed wills and ratified adoptions,^[2] inaugurated certain priests, and transfer citizens from Patrician class to Plebeian class (or vice versa). In 59 BC, it transferred Publius Clodius Pulcher from Patrician status to Plebeian status so that he could run for Plebeian Tribune. In 44 BC, it ratified the will of Julius Caesar, and with it Caesar's adoption of his nephew Gaius Octavian (the future Roman Emperor Augustus) as his son and heir.^[3]

With the rise of the empire, the sanctioning powers of the Curiate assembly fell into disuse, as the power to grant imperium, along with the vast majority of the other powers of the Curiate assembly, were transferred into the hands of the Senate or delegated to the emperor through a special lex de imperio.^[24]

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Centuriate Assembly

Centuriate Assembly

The Centuriate Assembly of the Roman Republic was one of the three voting assemblies in the Roman constitution. It was named the Centuriate Assembly as it originally divided Roman citizens into groups of one hundred men by classes. The centuries initially reflected military status, but were later based on the wealth of their members. The centuries gathered into the Centuriate Assembly for legislative, electoral, and judicial purposes. The majority of votes in any century decided how that century voted. Each century received one vote, regardless of how many electors each Century held. Once a majority of centuries voted in the same way on a given measure, the voting ended, and the matter was decided. Only the Centuriate Assembly could declare war or elect the highest-ranking Roman magistrates: consuls, praetors and censors. The Centuriate Assembly could also pass a law that granted constitutional command authority, or "Imperium", to Consuls and Praetors, and Censorial powers to Censors. In addition, the Centuriate Assembly served as the highest court of appeal in certain judicial cases, and ratified the results of a Census.

Tribal Assembly

Tribal Assembly

The Tribal Assembly was an assembly consisting of all Roman citizens convened by tribes (tribus).

Lex Publilia (471 BC)

Lex Publilia (471 BC)

The lex Publilia, also known as the Publilian Rogation, was a law traditionally passed in 471 BC, transferring the election of the tribunes of the plebs to the comitia tributa, thereby freeing their election from the direct influence of the Senate and patrician magistrates.

Lex curiata de imperio

Lex curiata de imperio

In the constitution of ancient Rome, the lex curiata de imperio was the law confirming the rights of higher magistrates to hold power, or imperium. In theory, it was passed by the comitia curiata, which was also the source for leges curiatae pertaining to Roman adoption.

Imperium

Imperium

In ancient Rome, imperium was a form of authority held by a citizen to control a military or governmental entity. It is distinct from auctoritas and potestas, different and generally inferior types of power in the Roman Republic and Empire. One's imperium could be over a specific military unit, or it could be over a province or territory. Individuals given such power were referred to as curule magistrates or promagistrates. These included the curule aedile, the praetor, the consul, the magister equitum, and the dictator. In a general sense, imperium was the scope of someone's power, and could include anything, such as public office, commerce, political influence, or wealth.

Tribune

Tribune

Tribune was the title of various elected officials in ancient Rome. The two most important were the tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs acted as a check on the authority of the senate and the annual magistrates, holding the power of ius intercessionis to intervene on behalf of the plebeians, and veto unfavourable legislation. There were also military tribunes, who commanded portions of the Roman army, subordinate to higher magistrates, such as the consuls and praetors, promagistrates, and their legates. Various officers within the Roman army were also known as tribunes. The title was also used for several other positions and classes in the course of Roman history.

Roman Republic

Roman Republic

The Roman Republic was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world.

Publius Clodius Pulcher

Publius Clodius Pulcher

Publius Clodius Pulcher was a populist Roman politician and street agitator during the time of the First Triumvirate. One of the most colourful personalities of his era, Clodius was descended from the aristocratic Claudia gens, one of Rome's oldest and noblest patrician families, but he contrived to be adopted by an obscure plebeian, so that he could be elected tribune of the plebs. During his term of office, he pushed through an ambitious legislative program, including a grain dole; but he is chiefly remembered for his long-running feuds with political opponents, particularly Cicero, whose writings offer antagonistic, detailed accounts and allegations concerning Clodius' political activities and scandalous lifestyle. Clodius was tried for the capital offence of sacrilege, following his intrusion on the women-only rites of the goddess Bona Dea, purportedly with the intention of seducing Caesar's wife Pompeia; his feud with Cicero led to Cicero's temporary exile; his feud with Milo ended in his own death at the hands of Milo's bodyguards.

Julius Caesar

Julius Caesar

Gaius Julius Caesar was a Roman general and statesman. A member of the First Triumvirate, Caesar led the Roman armies in the Gallic Wars before defeating his political rival Pompey in a civil war, and subsequently became dictator from 49 BC until his assassination in 44 BC. He played a critical role in the events that led to the demise of the Roman Republic and the rise of the Roman Empire.

Augustus

Augustus

Caesar Augustus, also known as Octavian, was the first Roman emperor; he reigned from 27 BC until his death in AD 14. He is known for being the founder of the Roman Principate, which is the first phase of the Roman Empire, and is considered one of the greatest leaders in human history. The reign of Augustus initiated an imperial cult as well as an era associated with imperial peace, the Pax Romana or Pax Augusta. The Roman world was largely free from large-scale conflict for more than two centuries despite continuous wars of imperial expansion on the empire's frontiers and the year-long civil war known as the "Year of the Four Emperors" over the imperial succession.