Organization of the Roman Republic circa 200-100 BC:
The Executive Magistracy
All magistracies qualified one for membership in the senate
1. Consuls
a. 2 consuls elected annually by centuriate assembly
b. Consuls had a minimum age requirement of 42
c. Consuls could veto all lesser magistrates and eachother
d. Imperium, an indication of legal authority. A magistrate with imperium has absolute authority within the scope of his magistracy, and can only be vetoed by another magistrate with greater imperium. Consuls have greater imperium than praetors and anyone other than a dictator.
e. 12 Lictors
f. Convened the senate, curiate and centuriate assemblies. This role alternated by month
g. Carried out decrees of the senate and laws of the assemblies
h. Had the right of summons and arrest. Could carry out punishment, except capital punishment (within Rome, outside Rome, even capital punishment)
i. All magistrates except plebian tribunes were subordinate to them
j. Served as diplomats to foreign ambassadors
k. Commanders-in-chief of all roman legions when outside Rome
l. After a campaign, a consul is accountable for their actions
m. Expected not to run for office until 10 years after first term.
n. May direct quaestors to spend public money without senate vote
o. If a consul died in office, a suffect consul could be elected to take his place
2. Praetors
a. 6 Praetors were elected every year along with consul
b. Minimum age requirement of 39
c. Lesser imperium. Could veto other praetors and lesser magistrates
d. 6 lictors
e. Duties of individual Praetors
i. Praetor Urbanus dealt with matters inside Rome and could only leave Rome for 10 day periods
ii. Praetor Peregrinus dealt with foreign matters and was also responsible for Italy
iii. Other praetors were governors of specific territories, and held full imperium within those jurisdictions
1. Sicily
2. Sardinia/Corsica
3. Hispania Citerior
4. Hispandia Ulterior
f. Commanded armies on campaign
g. Could be assigned jobs by the senate so long as they were not minima (ess. means minor)
h. Appointed judges in criminal and civil cases.
3. Censors
a. 2 censors were elected every 5 years, but only served for one and a half. During those years, they conducted the census
b. Was the most distinguished of all offices, generally held by ex-consuls. Accorded enormous prestige and influence (auctoritas).
c. Elected by the centuriate assembly separately to praetors and consuls. Censors could only be elected for one term.
d. No imperium/lictors. Power was bound to the centuriate assembly, not the curiate
e. Held the census, which established who would be considered senators and knights, and catalogued citizens and their properties
f. Censors were considered the guardians of public morals
g. Construction and superintendence of public works
h. Can impeach and punish senators for corruption, trade, breaking of the law, etc. This was not often done
i. Can prevent individuals from senatorial office for personal failings. This was more common.
j. Oversaw the collection of public money and the balancing of the budget, although they did not actually spend (that being the senates prerogative)
k. If a censor died in office, the other censor would be required to resign and close the census.
4. Aediles
a. 2 Curule aediles and 2 plebeian aediles were elected every year. Curule aediles were elected in the tribal assembly, and plebeian aediles were elected by the plebeian council. The plebeian aediles are technically not magistrates.
b. 2 lictors
c. Curule Aediles must be at least 36 years old
d. All aediles functions were similar similar, except that only curule aediles could issue edicts, which established trading laws for preserving economic stability.
e. Divided the city between themselves, and each managed his own portion
f. In charge of public works and lands and to some extent management of the city(although not generally financially, as that was a censor’s job)
g. In charge of games and would have to pay for them themselves. This was incredibly expensive, but powerful politically. Curule aediles oversaw curule games, plebeian aediles oversaw the lesser plebeian games.
5. Quaestors
a. Elected by the tribal assembly
b. Must be at least 31 years old
c. Served as officers of the treasury, and were in charge of all of the senates duties over the treasury (although the senate still voted on how to spend the money).
d. Served as quartermasters and officers with Rome’s legions and as a conduit through which holders of imperium on campaign could spend state funds.
e. Occasionally served as lieutenant governors
f. At any time there could be as many as 40 quaestores or as few as two.
6. Plebeian Tribunes
a. They were 10 in number and elected by the plebeian council along with plebeian aediles, and therefore not technically a magistrate (still admitted to the senate).
b. Tribunes were sacrosanct. Therefore, in the people’s name, they could not be interfered with, impeded or harmed. To do so was a capital offense.
c. Had to remain within the city of Rome, and could not be outside it for more than 24 hours
d. Presided over the plebeian council
e. Could veto any act of government within Rome (but not provinces), except those authorized by dictators. Tribunes had to be present when an action was being carried out to veto it.
f. If a magistrate acted against a Roman citizen, that citizen had the right to appeal their case to a tribune. This was intended to allow tribunes to preserve plebeian civil liberties from the patrician government.
g. Proposed legislation (often recommended by the senate) in the plebeian council
h. Not directly accountable to dictators, although they could not overrule or veto them either.
7. Dictator
a. Appointed by the consuls after a consultus ultimatum passed by the senate.
b. Dictators were appointed for 6 months only
c. Had 24 lictors who carried weapons even within the pomerium
d. Greatest imperium (imperium magnum). This allowed him to overrule other magistrates, put to death who he wished, and essentially do whatever he wanted. The goal of a dictators term would be decided by the senate ruling that commissioned him (for instance: to kick Hannibal out of Italy or reform the government).
e. Wasn’t liable for his actions while in office
f. Had absolute military and civil authority in the city.
g. The dictator was not allowed to spend public money that wasn’t already allocated for their use by the senate (when they were appointed), and they could not leave Italy. He was not allowed to ride on horseback unless allowed by the plebeian tribunes.
h. Master of Horse (Magister Equitum)
i. Appointed by senate order commissioning a dictator, or by the dictator himself.
j. Dictators second in command and senior official
k. Possessed 6 lictors and praetorian imperium
8. Promagistrate
a. Could be appointed by senatus consultum, although this was only unofficial.
b. A promagistrate is generally any magistrate (usually quaestors, praetors and consuls) that is allowed to maintain their current imperium past their normal term. Technically, a promagistrate did not need to have held the original office, but this was uncommon.
c. Generally managed provinces
The Senate:
1. Unelected body whose members were appointed by censors. Magistrates would also become senators (appointed by censors). Its power was based on precedent and the power of its members.
2. Once appointed to the senate, a senators career was for life (unless removed by a censor)
3. Presided over by senior consul, consul or praetor (in that order)
4. Votes were set up by the presiding magistrate. A quorum of 200 must exist. A bill could be vetoed by a tribune that was present at the time before it was passed.
5. Members spoke in order of seniority, and then in order of heritage (patricians then plebeians). Every member had to be heard before a vote could be carried out. This process started in the morning, and if a bill were not voted on by that night, it failed. This allowed individual senators to filibuster, providing they could talk for that long.
6. Senators could delay magistrates by requiring quorum calls (quorum = 200) and senate consultations (where a magistrate must ask the opinions of the senators).
7. Had jurisdiction over money, administration and foreign affairs
8. Issued senatus consultum. These acts (voted on by a majority) were nonbinding (could be overruled by assembly), but were generally followed. These allowed the senate to control both provincial governors and assembly matters to some extent.
9. Issued senates consultum ultimatum, an act which would appoint a dictator
10. Meetings could not take place more than a mile from the pomerium
11. Senators can not engage in banking, trading, leave Italy without the senates blessing, or own a ship of sufficient size to trade.
12. Senators can create new magistrate positions before elections
Assemblies
1. Committees, called comitia. These were assemblies of all Roman citizens
a. Curiate Assembly (comitia curiata): Only made up of patricians. Organized as a committee despite the fact it should be a council.
i. Votes are by 30 lictors, one from each patrician family
ii. Presided over by consul or pontifex maximus
iii. After first years of the republic, didn’t do that much
iv. Dealt with patrician matters such as religious appointments, wills, adoptions and transferring citizens between plebian and patrician classes
v. Gave authority to consuls and praetors to control military in name but not practice (in practice, this authority was given by the centuriate assembly).
b. Centuriate Assembly (comitia centuriata). A military organization of citizens into centuries. As a military body, met outside the pomerium.
i. Presided over by praetor or consul. Always consul for an election. Magistrate in charge had complete control over the assembly.
ii. Ratifies the census results
iii. Elects consuls, praetors and censors
iv. Bestows Imperium to praetors and consuls
v. Bestows censorial powers to censors
vi. Court of appeal in important judicial cases (capital punishment among others)
vii. Overseen by a magistrate (consul or praetor)
viii. Declares war
ix. 373 Centuries
1. 35 tribes divided into 350 centuries
2. 10 centuries per tribe with an old and young soldier century from each of the five classes
3. 18 centuries were roman officers
4. 5 centuries were unarmed soldiers
c. Tribal Assembly. An organization of citizens into tribes.
i. Presided over by a consul or praetor
ii. Citizens were organized into geographical “tribes”. There were 35.
iii. Made judicial decisions in non-capital public matters. Overseen in this case by aedile or tribune.
iv. Made legislative decisions
v. When a measure received enough votes to pass, voting would end. Vote order was chosen by lot. Order generally mattered in voting, because most tribes voted in agreement with the first tribe (principum)
vi. Elects quaestors, curule aediles, and military tribunes
2. Council , called concilium. These were assemblies of specific groups of Roman citizens
a. Plebeian Assembly
i. Summoned by the plebian tribunes, and made up of all citizens except patricians
ii. A subset of the tribal assembly as it was the tribal assembly minus the patrician families
iii. Elected plebian aediles and tribunes
iv. Made the majority of legislative decisions
v. Still strongly influenced by the senate
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Roman republican government organization
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