Roman Government

  • The basis for Roman Government was the concept of Imperium, which was conferred by the Roman Law, ‘Lex Curiata de Imperio’, and gave the legal Right to Command, both military and civil. Unauthorised exercise of Imperium was a capital offence.
  • Imperium was implemented by an Imperator, a commander such as the Consul, Proconsul, Prefect, Promagistrate or the Emperor. Originally held by the Kings, Imperium was passed to two ruling Consuls under the Roman Republic, and finally given to the Emperor under the Roman Empire.

Kings of Ancient Rome (753-509 BCE)

  • Absolute Monarchy
    • The Kings of Rome possessed Imperium or absolute power and could not be legally overruled.
    • Under the Monarchy, the Roman Senate held no power to oppose the Kings.
    • The King was Head of State, Commander of the Roman Armies, Supreme Judge and Ruler for life.

Constitution of the Roman Republic

  • Twelve Tables
    • In 449 BCE, The Senate voted the Twelve Tables to be the basis of the Roman Constitution which then replaced the Absolute Monarchy of the Kings of Ancient Rome (753-510 BCE).
    • The Constitution was largely unwritten and so had no Codes. New Acts and Edicts were then formulated on the basis of Precedent, ie, the previous Judgements of the Courts.
    • However, the Roman Army retained the tradition of Imperium. Roman Commanders continued to hold Absolute Power over their officers and soldiers.
  • Checks and Balances, and the three divisions of Power
    • The Constitution was designed with a system of checks and balances, to prevent all the Powers of the State being held by one or more individuals. It was neither a Monarchy (like Sparta with two Kings), nor an Oligarchy (like the Greek City States), nor a Democracy (like Athens), but instead, it united all three concepts into one basic system.
    • Under the Roman Republic, Government was divided into three Branches, the Judiciary, the Legislature (although these two branches were mixed) and the Executive.
      1. The Legislature: (Makes the Laws)
        • The Roman Senate consisting mostly of Patricians who advised the Leaders and proposed and reviewed Legislation.
        • The Three Popular Assemblies, the Plebian Councils each representing slightly different elements of the Population. The Comitia Curiata, the Comitia Centuriata, and the Comitia Tributa. They presented and Ratified Legislation. Every Roman male Citizen was entitled to Vote for the Popular Assemblies.
      2. The Judiciary: (Interprets the Laws)
        • Eight Judges Praetors supervised the Courts and Provinces
      3. The Executive: (Enforces the Laws)
        • Two Chief Magistrates Consuls, governed the Republic, and in a National Emergency they could elect a Dictator. Consulship was opened to the Plebians after 367 BCE, which also opened to them the positions of Censor and Dictator.
  • Imperium
    • This was an essential concept in Roman Law. It was the ‘Power to Command’ both Military and Civil, and normally held by the Consuls and Praetors.

The Roman Senate

  • Organisation
    • Roman Government was conducted in the name of the Senate rather than in the name of any other Popular Assembly. SPQR - Senatus Populusque Romanus meant ‘The Senate and the Roman People’.
      • During the Republic there were 300 Senators, until Sulla doubled their number in 80 BCE. Although it was mostly Patrician, it was open to Plebeians as well.
      • Qualification: A Senator must have served as a Quaestor. Although the Senate was mostly Patrician, it was also open to Plebeians. Senators were usually Magistrates or Ex-Magistrates who served for Life. They were appointed by the Consuls, but during the Republic only the Censor had the power to enrol or expel a Senator.
      • Princeps Senatus was the Leader of the Senate.
  • Location
    • Curia Hostilia:
      • This was the name of the original Roman Senate House, located in the Forum Romanum.
    • Curia Cornelia:
      • In 80 BCE, the Curia Hostilia was rebuilt, enlarged and renamed by Sulla. He doubled the number of Senators.
    • Curia Julia:
      • In 44 BCE Julius Caesar then rebuilt the Curia Cornelia and it was completed by his adopted son Augustus.
  • Functions
    • The Senate did not possess Legislative power, but could influence it:
      • It debated and gave advice on Proposals in Bills and Decrees, which were then subsequently ratified by the Assemblies.
      • ‘Senatus Consulta’ was a directive issued by the Senate, which was not legally binding until incorporated into a Resolution of an assembly or an Edict of a magistrate. The Senate could declare Proposals invalid if they did not follow Procedure.
      • Before a Magistrate could pass an Edict or Law, he had to submit it to the Senate and only if they approved it, could it be put to the assembly to be voted on.
    • The Senate did control:
      • Financial Policy through control of the Public Treasury Aerarium and the Public Finances.
      • Foreign Policy.
      • Awards of Military Commands.
      • Election of Governors to Provinces.

The Roman Magistrates

  • Each could veto decisions made by another Magistrate equal to him or below him:
  • Edicts could be issued by the Praetors, Aediles and Provincial Governors.
  • In 67 BCE the Lex Cornelia was passed which insisted that the magistrates act according to the Edicts they published.

The Roman Assemblies

  • There were three People’s Assemblies (Comitia). They could not Propose or Debate Legislation. They met to vote on proposals in draft Bills that had been debated in the Senate. The Assemblies could not debate the Bill, only accept or reject them. Voting was oral and in Public, then in the late Republic it changed to a secret ballot. For a Bill to pass it simply required a straightforward majority of votes.
  • Each Assembly included the entire population of the citizens of Rome. This gave the citizens three separate votes, the value of which varied with each type of Assembly.
    • Comitia Curiata
      • Assembly of the Curiae. Ceremonial Function. oldest Assembly and conferred powers on senior magistrates.
    • Comitia Centuriata
      • Assembly of the Centuries or Military Assembly -the most important Assembly as it elected senior magistrates and enacted the Twelve Tables.
    • Comitia Tributa
      • Assembly of the Tribes. It handled routine legislation and elected lesser magistrates.
      • Concilium Plebis

Roman Society

Early Roman Society was divided into the Patrician Class and the Plebeian Class and the History of Rome, is the history of the struggle between these two classes and the emergence of a third class, the Equestrian Class or Knights.

  1. Patrician
    • Wealthy land owning Aristocracy. They followed the Senatorial Career Path, the Cursus Honorum‘
  2. Plebeian
    • Everyone else. They were elected to the Popular Assemblies. The Office of Tribune of the Plebs arose in the 5th century BCE to protect the Plebeians from the Patricians.
  3. Equestrian
    • Equites were the Roman Knights who had not yet developed as a separate class until the Punic Wars (264-146 BCE) when they were defined by a minimum property value of 50,000 Denarii, and later still under Augustus, 100,000 Denarii.
    • The Equestrian career path was the Equo Publico.

Local Government of Ancient Rome

  • Under the Roman Republic (509-27 BCE), two Consuls were elected every year to rule Rome.
  • Under the Roman Empire (27 BCE-476 CE), the city of Rome was governed by a Mayor and four other Prefects who were subject to the Emperor.
    • However, the system of appointing two Consuls continued until the end of the Roman Empire, but they had no power.

Roman Provincial Government

Roman Foreign Policy

  • Under the Roman Republic

    • Foreign Policy was controlled by the Roman Senate.
    • The Princeps Senatus received and conducted business with Ambassadors of Foreign Nations.
    • The ‘Legatus’ or ‘Legati’ (Commander in Latin) was an Ambassador or Envoy appointed by the Senate to go on Diplomatic Missions, ‘Legatio’, to Foreign Nations.
      • He would be a Senator himself, usually very experienced, and it was considered a great honour to be chosen.
      • The Republic paid his expenses, and the Provinces he passed through did likewise.
      • If he died whilst on his mission, he was honoured with a Public Sepulchre and a statue in the Rostra.
    • An Ambassador from those Foreign Nations was also called a ‘Legatus’ (Legate).

  • Under the Roman Empire

    • Because he was now the Princeps Senatus, The Roman Emperor himself received and conducted business with Ambassadors of Foreign Nations.
    • As Princeps Senatus the Emperor could appoint the ‘Legatus’ (Ambassador) on behalf of the Senate to go on Diplomatic Missions, known as ‘Legatio’, to foreign Nations.

Roman Emperor (27 BCE-576 CE)

  • The Constitution of the Roman Republic was not abolished under the Emperors, but all the High Offices of State and their powers were transferred to one individual, under Augustus (27 BCE-14 CE).
  • However, the Constitution remained unchanged until Diocletian in 284 CE.

 

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