Plebeian Council

From 509 to 471 BC

When the Roman Republic was founded in 509 BC, the Roman people were divided into a total of thirty curiae. Plutarch and Dionysus of Helicarnassus believed that these curiae were subdivisions of the three Romulean Tribes.^[3] The curiae were organized on the basis of the family, and thus the ethnic structure of early Rome. Each curia even had its own festivals, gods, and religious rites. The thirty curiae gathered into a legislative assembly known as the Comitia Curiata or Curiate Assembly. This assembly was created shortly after the legendary founding of the city in 753 BC, and it formally elected new Roman kings. During this time, plebeians had no political rights and were unable to influence Roman Law. Each plebeian family was dependent on a particular patrician family. Accordingly, each plebeian family belonged to the same curia as did its patrician patron. While the plebeians each belonged to a particular curia, only patricians could actually vote in the Curiate Assembly.

The Plebeian Council was originally organized around the office of the Tribunes of the Plebs in 494 BC. Plebeians probably met in their own assembly prior to the establishment of the office of the Tribune of the Plebs, but this assembly would have had no political role. The Offices of the plebeian tribune and plebeian aedile were created in 494 BC following the first plebeian secession. In 494 BC, the plebeians held nightly meetings in some districts, with their earliest attempts at organization focusing on matters relating to their class.^[4] Some of these issues included debt, civil and land rights, and military service.^[5] Tribunes of the Plebs were also charged with protecting the plebeian interests against the patrician oligarchy.^[6] In 492 BC, the office of Tribune was acknowledged by the patricians, thereby creating a legitimate assembly of plebeians (Concilium Plebis).^[5] After 494 BC, a plebeian tribune always presided over the Plebeian Curiate Assembly. This "Plebeian Curiate Assembly" was the original Plebeian Council,^[4] which elected the plebeian Tribunes and Aediles,^[7] and passed legislation (plebiscita) that applied only to the plebeians.

From 471 to 27 BC

During the later years of the Roman Kingdom, King Servius Tullius enacted a series of constitutional reforms. One of these reforms resulted in the creation of a new organizational unit, the tribe, to assist in the reorganization of the army.^[8] Its divisions were not ethnic (as the divisions of the Curia were), but rather geographical. Tullius divided the city into four geographical districts, each encompassing a single tribe. Between the reign of Tullius and the late 3rd century BC, the number of tribes expanded from 4 to 35. By 471 BC, the plebeians decided that organization by tribe granted them a level of political independence from their patrician patrons^[9] that the curiae did not. Therefore, around 471 BC,^[10] a law was passed to allow the plebeians to begin organizing by tribe. Thus, the "Plebeian Curiate Assembly" began to use tribes, rather than curiae, as its basis for organization. As such, the Plebeian Council changed from a "Plebeian Curiate Assembly" to a "Plebeian Tribal Assembly".^[11]

The only difference between the Plebeian Council after 471 BC and the ordinary Tribal Assembly (which also organized on the basis of the tribes) was that the tribes of the Plebeian Council included only plebeians, whereas the tribes of the Tribal Assembly included both plebeians and patricians. However, most Romans were plebeians. Therefore, the principal differences between the Plebeian Council and the Tribal Assembly were mostly legal rather than demographic. These legal differences derived from the fact that Roman law did not recognize an assembly consisting only of one group of people (plebeians in this case) from an assembly consisting of all of the People of Rome. Over time, however, these legal differences were mitigated with legislation. The Plebeian Council elected two plebeian officers, the tribunes and the aediles, and thus Roman law classified these two officers as the elected representatives of the plebeians.^[10] As such, they acted as the presiding officers of this assembly.

The plebeians, through the Plebeian Council, began to gain power during this time. Two secessions in 449 BC and 287 BC brought about increased authority for the plebeian assembly and its leaders, and it was greatly due to concessions made by dictators and consuls that the now mobilized and angry plebeian population began to develop power.^[4] In 339 BC, the Lex Publilia made plebiscites (plebeian legislation) law,^[12] however this was not widely accepted by patricians until the 287 BC Lex Hortensia, which definitively gave the council the power to create laws to which both plebeians and patricians would be subject.^[13] Additionally, between 291 and 219 BC, the Lex Maenia required the senate to approve any bill put forward by the Plebeian Council.^[13]

In 88 BC, Sulla introduced measures which transferred all voting power to the Comitia Centuriata from tribal assemblies, therefore rendering the Council of the Plebs virtually powerless.^[14]

After 27 BC

Although the Plebeian Council survived the fall of the Roman Republic,^[15] it quickly lost its legislative, judicial and electoral powers to the Senate. By virtue of their status as perpetual tribunes, both Julius Caesar and the Emperor Augustus always had absolute control over the Plebeian Council.^[15] The Plebeian Council disappeared shortly after the reign of Tiberius.

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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.

King of Rome

King of Rome

The king of Rome was the ruler of the Roman Kingdom. According to legend, the first king of Rome was Romulus, who founded the city in 753 BC upon the Palatine Hill. Seven legendary kings are said to have ruled Rome until 509 BC, when the last king was overthrown. These kings ruled for an average of 35 years.

Roman Kingdom

Roman Kingdom

The Roman Kingdom was the earliest period of Roman history when the city and its territory were ruled by kings. According to oral accounts, the Roman Kingdom began with the city's founding c. 753 BC, with settlements around the Palatine Hill along the river Tiber in central Italy, and ended with the overthrow of the kings and the establishment of the Republic c. 509 BC.

Servian constitution

Servian constitution

The Servian constitution was one of the earliest forms of military and political organization used during The Roman Republic. Most of the reforms extended voting rights to certain groups, in particular to Rome's citizen-commoners who were minor landholders or otherwise landless citizens hitherto disqualified from voting by ancestry, status or ethnicity, as distinguished from the hereditary patricians. The reforms thus redefined the fiscal and military obligations of all Roman citizens. The constitution introduced two elements into the Roman system of government: a census of every male citizen, in order to establish his wealth, tax liabilities, military obligation, and the weight of his vote; and the comitia centuriata, an assembly with electoral, legislative and judicial powers. Both institutions were foundational for Roman republicanism.

Roman army

Roman army

The Roman army was the armed forces deployed by the Romans throughout the duration of Ancient Rome, from the Roman Kingdom to the Roman Republic and the Roman Empire, and its medieval continuation, the Eastern Roman Empire. It is thus a term that may span approximately 2,205 years, during which the Roman armed forces underwent numerous permutations in size, composition, organisation, equipment and tactics, while conserving a core of lasting traditions.

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 Hortensia

Lex Hortensia

The lex Hortensia, also sometimes referred to as the Hortensian law, was a law passed in Ancient Rome in 287 BC which made all resolutions passed by the Plebeian Council, known as plebiscita, binding on all citizens. It was passed by the dictator Quintus Hortensius in a compromise to bring the plebeians back from their secession to the Janiculum.

Sulla

Sulla

Lucius Cornelius Sulla Felix, commonly known as Sulla, was a Roman general and statesman. He won the first large-scale civil war in Roman history and became the first man of the Republic to seize power through force.

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.

Roman emperor

Roman emperor

The Roman emperor was the ruler and monarchial head of state of the Roman Empire during the imperial period. The emperors used a variety of different titles throughout history. Often when a given Roman is described as becoming "emperor" in English, it reflects his taking of the title augustus. Another title often used was caesar, used for heirs-apparent, and imperator, originally a military honorific. Early emperors also used the title princeps civitatis. Emperors frequently amassed republican titles, notably princeps senatus, consul, and pontifex maximus.

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.

Tiberius

Tiberius

Tiberius Julius Caesar Augustus was the second Roman emperor. He reigned from AD 14 until 37, succeeding his stepfather, the first Roman emperor Augustus. Tiberius was born in Rome in 42 BC. His father was the politician Tiberius Claudius Nero and his mother was Livia Drusilla, who would eventually divorce his father, and marry the future-emperor Augustus in 38 BC. Following the untimely deaths of Augustus' two grandsons and adopted heirs, Gaius and Lucius Caesar, Tiberius was designated Augustus' successor. Prior to this, Tiberius had proved himself an able diplomat, and one of the most successful Roman generals: his conquests of Pannonia, Dalmatia, Raetia, and (temporarily) parts of Germania laid the foundations for the empire's northern frontier.

Chart showing the checks and balances of the Constitution of the Roman Republic.

The creation of the office of plebeian tribune and plebeian aedile marked the end of the first phase of the struggle between the plebeians and the patricians (the Conflict of the Orders). The next major development in this conflict occurred through the Plebeian Council. During a modification of the original Valerian law in 449 BC, plebiscites acquired the full force of law, and thus applied to all Romans. Before this time, plebiscites had applied only to plebeians. By the early 4th century BC, the plebeians, who still lacked any real political power,^[16] had become exhausted and bitter. In 339 BC they facilitated the passage of a law (the lex Publilia), which brought the Conflict of the Orders closer to a conclusion. Before this time, a bill passed by any assembly could become law only after the patrician senators gave their approval, which came in the form of a decree called the auctoritas patrum ("authority of the fathers" or "authority of the patrician senators"). The lex Publilia required the auctoritas patrum to be passed before a law could be voted on by one of the assemblies, rather than afterward.^[17] This modification seems to have made the auctoritas patrum irrelevant.^[18] Thus, the Plebeian Council became independent of the patrician aristocracy in everything but name.

By 287 BC, the economic condition of the average plebeian had deteriorated further. The problem appears to have centered on widespread indebtedness.^[19] The plebeians demanded relief, but the senators, most of whom belonged to the creditor class, refused to abide by the plebeians' demands. The plebeians withdrew en masse to the Janiculum hill, resulting in the final plebeian secession. To end this movement, a plebeian dictator (Quintus Hortensius) was appointed, who ultimately passed a law called the "Hortensian Law" (lex Hortensia). The most significant component of this law was its termination of the requirement that auctoritas patrum be obtained before any bill could be considered by the Plebeian Council.^[19] In this way the law removed from the patrician senators their final check over the Plebeian Council.^[20] The lex Hortensia, however, should not be viewed as the final triumph of democracy over aristocracy.^[20] Close relations between the plebeian tribunes and the senate meant that the senate could still exercise a great degree of control over the Plebeian Council. Thus, the ultimate significance of this law was that it robbed the patricians of their final weapon over the plebeians.^[20] This ended the Conflict of the Orders, and brought the plebeians to a level of full political equality with the patricians.

Discover more about The Plebeian Council and the Conflict of the Orders related topics

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.

Patrician (ancient Rome)

Patrician (ancient Rome)

The patricians were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after the Conflict of the Orders. By the time of the late Republic and Empire, membership in the patriciate was of only nominal significance.

Conflict of the Orders

Conflict of the Orders

The Conflict of the Orders, sometimes referred to as the Struggle of the Orders, was a political struggle between the plebeians (commoners) and patricians (aristocrats) of the ancient Roman Republic lasting from 500 BC to 287 BC in which the plebeians sought political equality with the patricians. It played a major role in the development of the Constitution of the Roman Republic. Shortly after the founding of the Republic, this conflict led to a secession from Rome by Plebeians to the Sacred Mount at a time of war. The result of this first secession was the creation of the office of plebeian tribune, and with it the first acquisition of real power by the plebeians.

Janiculum

Janiculum

The Janiculum, occasionally the Janiculan Hill, is a hill in western Rome, Italy. Although it is the second-tallest hill in the contemporary city of Rome, the Janiculum does not figure among the proverbial Seven Hills of Rome, being west of the Tiber and outside the boundaries of the ancient city.

Quintus Hortensius (dictator)

Quintus Hortensius (dictator)

Quintus Hortensius was an ancient Roman, appointed to the office of dictator in the year 287 BC.

Lex Hortensia

Lex Hortensia

The lex Hortensia, also sometimes referred to as the Hortensian law, was a law passed in Ancient Rome in 287 BC which made all resolutions passed by the Plebeian Council, known as plebiscita, binding on all citizens. It was passed by the dictator Quintus Hortensius in a compromise to bring the plebeians back from their secession to the Janiculum.

Organization of the Plebeian Council

At its formation, the Plebeian Council was organized by Curiae and served as an electoral council wherein plebeian citizens could vote to pass laws. The Plebeian Council would elect Tribunes of the Plebs to preside over their meetings.^[21] It is unlikely, however, that the council had any constitutional recognition before the creation of the Twelve Tables between 451 and 450 BC.^[22] At the meetings of the Plebeian Council, they would pass resolutions, conduct trials, and discuss matters pertaining to the condition of the plebeians. Their ability to perform political prosecutions was later restricted by the Twelve Tables.^[22] The tribal unit organizational system was adopted by the council in 471 BC, although the exact relationship between the Tribunes and tribes is unclear, as the number of Tribunes was not equal to the number of tribes. Additionally, most tribes were located outside of the city, whereas the plebeian Tribunes were exclusive to the city.^[21]

Image depicting the engraving of the Twelve Tables

In the Tribal system, the Council of the Plebeians elected Tribunes of the Plebs, who acted as spokespeople for the plebeian citizens. The Tribunes were revered, and plebeians swore an oath to take vengeance on anyone who would bring them harm.^[22] Over time, the Concilium Plebis became the most effective medium of legislation in the Republic, until the introduction of Sulla’s measures in 88 BC.^[22]

Tribune of the Plebs

The Tribunes of the Plebs were elected by the Plebeian Council. At first, only 2 to 5 Tribunes were elected until the College of 10 was introduced in 457 BC.^[23] They served as spokespeople for the plebeians of Rome, with a purpose of protecting the interests of the plebeians against patrician supremacy.^[24] The Tribunes could call meetings of the council over which they presided.^[25] Since plebeians were not able to take political actions themselves, the Tribunes had the opportunity to make lasting impacts through their political office.^[23] Tribunes were responsible for organizing support for legislation, organizing contiones, a form of discourse or assembly, as well as prosecute criminals before the council.^[25] Their position as leaders of the Plebeian Council gave the Tribunes great control over the city in their ability to organize the plebeians into a political weapon.^[25]

Comitia Tributa Populi

The Comitia Tributa was a tribal assembly which organized citizens by place of residence.^[4] There is confusion concerning the difference between The Plebeian Council and the Comitia Tributa. Some scholars have found reason in believing that the Concilium Plebis became the Comitia Tributa in 339 or 287 BC.^[26] De Martino and Von Fritz believe that after the Lex Hortensia of 287 BC, patricians must not have been excluded from the Plebeian Council, as the laws created by the council were now applicable to the patricians.^[26] However, others believe that they were separate assemblies. Stavely introduced the possibility that Livy may not have recorded the emergence of the Comitia Tributa due to a lack of importance in terminological differences. Stavely therefore has proposed that the Comitia Tributa were established in 449 BC.^[26]

Laelius Felix and G.W. Botsford have proposed theories attempting to distinguish the terms concilium and comitia.^[27] Felix’s theory, although widely followed, is also heavily contested. His theory supposes that a concilium denotes an exclusive assembly which included only a part of the universus populus, whereas a comitia designates a meeting of a whole universus populus.^[27] The principal arguments against his theory are (1) his definition depends on a distinction between assemblies of the populus and of the plebeians, despite the routine denial of the existence of an assembly consisting solely of plebeians after 287 BC; and (2) there are passages from Roman authors which refer to plebeian assemblies as comitia, as opposed to Concilium Plebis.^[27] This then weakens Felix’s proposal that a comitia designates an assembly of the universus populus.

G. W. Botsford distinguishes these two types of assemblies in terms of their function. In his theory, a comitia refers to an electoral assembly, and a concilium would then be a legislative or judicial assembly.^[27] Although the theories put forth by Botsford and Felix are different, passages from Cicero and Livy can be found to support both.^[27] A comitia appears to designate organized voting assemblies, and a concilium often indicates a meeting of a certain group which is exclusive in some sense. The Concilium Plebis is definitively a political assembly.^[27]

Legislation & Legislative Actions

Three distinct forms of legislative actions undertaken by the Roman Republic exist. These are: Rogationes, Plebiscita and Leges. It is important to distinguish between these forms of legislation as it creates a deeper understanding of Roman political structure, and the role of the Plebeian Council.

Rogationes

Rogationes (sing. Rogatio) are proposals for legislation that are created by the Tribunes of the Plebs. Rogationes are incomplete legislation that are not applicable by law, as they are legislation that has been subject to tribunician veto or rejected by the senate. It is unclear whether Rogationes were presented in a formal meeting or not, however they are valuable because they demonstrate the matters which were of importance to the Tribunes.^[4]

Plebiscitas

Plebiscita (sing. Plebiscitum) were proposals brought forward by the Tribunes of the Plebs that were approved by majority vote of the tribes of the Concilium Plebis. After the Lex Hortensia was introduced in 287 BC, Plebiscitas became law for the entire Roman population, including patricians. Plebiscitas no longer required senatorial or magisterial approval, and were demonstrative of the will of the plebeian class.^[4]

Leges

Leges (sing. Lex) were legislation brought forth by a magistrate and presented to the Roman population in either the Comitia Tributa or Comitia Centuriata. A Plebiscitum could become a Lex if it was adopted by a magistrate and approved by a majority of tribes or centuries.^[4]

Some examples of leges introduced which pertained to the Plebeian Council include:

• Lex Genucia (342 BC), which required that one annual consulship be given to a plebeian.^[28]
• Lex Ogulnia (300 BC), which entitled plebeian citizens to one half of the priesthoods in the pontifices and augures colleges.^[28]
• Lex Hortensia (287 BC), which made all Roman citizens subject to the laws created by the Plebeian Council.^[28]
• Lex Maenia (between 291 and 219 BC), which required the senate to approve all bills approved by the Plebeian Council.^[28]

Legislative Actions

Legislative Actions by the Concilium Plebis can be categorized into four principal categories based on their purpose. These categories are: (1) Equality, (2) Broadening of Participation, (3) Protection and (4) Mutually Binding Consultation. Specifically, legislative Actions that fall under the 'Equality' category are actions which move to create equality between different groups of people. 'Broadening of Participation' is indicative of actions which aim to increase the political participation of groups which had previously been denied. The category of 'Protection' includes legislative actions seeking to place limits on arbitrary action of the state, as well as seeking rights (personal rights, rights to property). Finally, legislative actions under the category of 'Mutually Binding Consultation' are those which aim to solidify and increase the power and authority of the Council of the Plebs.^[4] These categories are based on Tilly's Dimensions of Democratization.

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Curia

Curia

Curia in ancient Rome referred to one of the original groupings of the citizenry, eventually numbering 30, and later every Roman citizen was presumed to belong to one. While they originally likely had wider powers, they came to meet for only a few purposes by the end of the Republic: to confirm the election of magistrates with imperium, to witness the installation of priests, the making of wills, and to carry out certain adoptions.

Twelve Tables

Twelve Tables

The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.

Charles Tilly

Charles Tilly

Charles Tilly was an American sociologist, political scientist, and historian who wrote on the relationship between politics and society. He was a professor of history, sociology, and social science at the University of Michigan from 1969 to 1984 before becoming the Joseph L. Buttenwieser Professor of Social Science at Columbia University.