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Old November 5th, 2012, 06:25 AM   #1

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Roman Republic Constitution


Hello, This is one of my first posts and I was wondering if some people could help me out. I know the basis of the Roman Republic's constitution, but I would like to learn more. If we could create a thread with different sections referring to different parts of the Republic, that would be great!
Thanks,
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Old November 5th, 2012, 11:00 AM   #2

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My mother studied law, still I am unable to find any books on the matter at home. I shall consult her regarding this later, this is a very interesting and important discussion in my opinion.
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Old November 5th, 2012, 11:07 AM   #3

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Thank you evilsummoned, I am looking forward to hearing more from you.
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Old November 5th, 2012, 12:38 PM   #4

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Well, I'll help you with some guidelines. First you have to search for sources of Roman law. That is fundament for every, even basic studying of roman law. You must know that sometimes written law was not "a must", but Romans were rather flexible, so custom might come over the law.

However, here are some sources of law:

1. acta consualae - edicts and laws imposed by consuls,
2. custom law - non - written law, but in power in real life
3. emperor's edicts - edicts and laws issued by emperor,
5. senate's laws - edicts and laws issued by senate,
6. religious laws - interpretations of laws by certain religious instances or interpretations of omens which by their recommendation becomes a law.

Cheers!
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Old November 5th, 2012, 12:42 PM   #5

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Ups, sorry I mentioned emperors, please neglect it. you asked republican constitution.

Last edited by Lucius Vorenus; November 5th, 2012 at 01:01 PM.
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Old November 5th, 2012, 12:47 PM   #6

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I think my esay on Roman senate might help you a bit:

http://www.historum.com/ancient-hist...ate-essay.html
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Old November 5th, 2012, 01:06 PM   #7
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IMHO the obligatory introductory Classical source must be this famous & illustrative passage from the Scipionic client Polybios s/Lykortas of Megalopolis, written circa the middle of the II century BC:
Quote:
The three kinds of government that I spoke of above all shared in the control of the Roman state.
And such fairness and propriety in all respects was shown in the use of these three elements for drawing up the constitution and in its subsequent administration that it was impossible even for a native to pronounce with certainty whether the whole system was aristocratic, democratic, or monarchical.
This was indeed only natural.
For if one fixed one's eyes on the power of the consuls, the constitution seemed completely monarchical and royal;
if on that of the senate it seemed again to be aristocratic;
and when one looked at the power of the masses, it seemed clearly to be a democracy.

The parts of the state falling under the control of each element were and with a few modifications still are as follows.

The consuls, previous to leading out their legions, exercise authority in Rome over all public affairs,
since all the other magistrates except the tribunes are under them and bound to obey them, and it is they who introduce embassies to the senate.
Besides this it is they who consult the senate on matters of urgency, they who carry out in detail the provisions of its decrees.
Again as concerns all affairs of state administered by the people it is their duty to take these under their charge, to summon assemblies, to introduce measures, and to preside over the execution of the popular decrees.
As for preparation for war and the general conduct of operations in the field, here their power is almost uncontrolled;
for they are empowered to make what demands they choose on the allies, to appoint military tribunes, to levy soldiers and select those who are fittest for service.
They also have the right of inflicting, when on active service, punishment on anyone under their command;
and they are authorized to spend any sum they decide upon from the public funds, being accompanied by a quaestor who faithfully executes their instructions.
So that if one looks at this part of the administration alone, one may reasonably pronounce the constitution to be a pure monarchy or kingship.
I may remark that any changes in these matters or in others of which I am about to speak that may be made in present or future times do not in any way affect the truth of the views I here state.

To pass to the senate.
In the first place it has the control of the treasury, all revenue and expenditure being regulated by it.
For with the exception of payments made to the consuls, the quaestors are not allowed to disburse for any particular object without a decree of the senate.
And even the item of expenditure which is far heavier and more important than any other the outlay every five years by the censors on public works, whether constructions or repairs is under the control of the senate, which makes a grant to the censors for the purpose.
Similarly crimes committed in Italy which require a public investigation, such as treason, conspiracy, poisoning, and assassination, are under the jurisdiction of the senate.
Also if any private person or community in Italy is in need of arbitration or indeed claims damages or requires succour or protection, the senate attends to all such matters.
It also occupies itself with the dispatch of all embassies sent to countries outside of Italy for the purpose either of settling differences, or of offering friendly advice, or indeed of imposing demands, or of receiving submission, or of declaring war;
and in like manner with respect to embassies arriving in Rome it decides what reception and what answer should be given to them.
All these matters are in the hands of the senate, nor have the people anything whatever to do with them.
So that again to one residing in Rome during the absence of the consuls the constitution appears to be entirely aristocratic;
and this is the conviction of many Greek states and many of the kings, as the senate manages all business connected with them.

After this we are naturally inclined to ask what part in the constitution is left for the people,
considering that the senate controls all the particular matters I mentioned, and, what is most important, manages all matters of revenue and expenditure,
and considering that the consuls again have uncontrolled authority as regards armaments and operations in the field.
But nevertheless there is a part and a very important part left for the people.
For it is the people which alone has the right to confer honours and inflict punishment, the only bonds by which kingdoms and states and in a word human society in general are held together.
For where the distinction between these is overlooked or is observed but ill applied, no affairs can be properly administered.
How indeed is this possible when good and evil men are held in equal estimation?
It is by the people, then, in many cases the offences punishable by a fine are tried when the accused have held the highest office;
and they are the only court which may try on capital charges. As regards the latter they have a practice which is praiseworthy and should be mentioned.
Their usage allows those on trial for their lives when found guilty liberty to depart openly, thus inflicting voluntary exile on themselves, if even only one of the tribes that pronounce the verdict has not yet voted.
Such exiles enjoy safety in the territories of Naples, Praeneste, Tibur, and other civitates foederatae.
Again it is the people who bestow office on the deserving, the noblest regard of virtue in a state;
the people have the power of approving or rejecting laws,
and what is most important of all, they deliberate on the question of war and peace.
Further in the case of alliances, terms of peace, and treaties, it is the people who ratify all these or the reverse.
Thus here again one might plausibly say that the people's share in the government is the greatest, and that the constitution is a democratic one.

Having stated how political power is distributed among the different parts of the state, I will now explain how each of the three parts is enabled, if they wish, the counteract or co-operate with the others.
The consul, when he leaves with his army invested with the powers I mentioned, appears indeed to have absolute authority in all matters necessary for carrying out his purpose;
but in fact he requires the support of the people and the senate, and is not able to bring his operations to a conclusion without them.
For it is obvious that the legions require constant supplies, and without the consent of the senate, neither corn, clothing, nor pay can be provided;
so that the commander's plans come to nothing, if the senate chooses to be deliberately negligent and obstructive.
It also depends on the senate whether or not a general can carry out completely his conceptions and designs, since it has the right of either superseding him when his year's term of office has expired or of retaining him in command.
Again it is in its power to celebrate with pomp and to magnify the successes of a general or on the other hand to obscure and belittle them.
For the processions they call triumphs, in which the generals bring the actual spectacle of their achievements before the eyes of their fellow-citizens, cannot be properly organized and sometimes even cannot be held at all, unless the senate consents and provides the requisite funds.
As for the people it is most indispensable for the consuls to conciliate them, however far away from home they may be;
for, as I said, it is the people which ratifies or annuls terms of peace and treaties,
and what is most important, on laying down office the consuls are obliged to account for their actions to the people.
So that in no respect is it safe for the consuls to neglect keeping in favour with both the senate and the people.

The senate again, which possesses such great power, is obliged in the first place to pay attention to the commons in public affairs and respect the wishes of the people,
and it cannot carry out inquiries into the most grave and important offences against the state, punishable with death, and their correction, unless the senatus consultum is confirmed by the people.
The same is the case in matters which directly affect the senate itself.
For if anyone introduces a law meant to deprive the senate of some of its traditional authority, or to abolish the precedence and other distinctions of the senators or even to curtail them of their private fortunes, it is the people alone which has the power of passing or rejecting any such measure.
And what is most important is that if a single one of the tribunes interposes, the senate is unable to decide finally about any matter, and cannot even meet and hold sittings;
and here it is to be observed that the tribunes are always obliged to act as the people decree and to pay every attention to their wishes.
Therefore for all these reasons the senate is afraid of the masses and must pay due attention to the popular will.

Similarly, again, the people must be submissive to the senate and respect its members both in public and in private.
Through the whole of Italy a vast number of contracts, which it would not be easy to enumerate, are given out by the censors for the construction and repair of public buildings, and besides this there are many things which are farmed, such as navigable rivers, harbours, gardens, mines, lands, in fact everything that forms part of the Roman dominion.
Now all these matters are undertaken by the people, and one may almost say that everyone is interested in these contracts and the work they involved.
For certain people are the actual purchasers from the censors of the contracts, others are the partners of these first, others stand surety for them, others pledge their own fortunes to the state for this purpose.
Now in all these matters the senate is supreme.
It can grant extension of time;
it can relieve the contractor if any accident occurs;
and if the work proves to be absolutely impossible to carry out it can liberate him from his contract.
There are in fact many ways in which the senate can either benefit or indicate those who manage public property, as all these matters are referred to it.
What is even most important is that the judges in most civil trials, whether public or private, are appointed from its members, where the action involves large interests.
So that all citizens being at the mercy of the senate, and looking forward with alarm to the uncertainty of litigation, are very shy of obstructing or resisting its decisions.
Similarly everyone is reluctant to oppose the projects of the consuls as all are generally and individually under their authority when in the field.

Such being the power that each part has of hampering the others or co-operating with them, their union is adequate to all emergencies, so that it is impossible to find a better political system than this.
For whenever the menace of some common danger from abroad compels them to act in concord and support each other, so great does the strength of the state become, that nothing which is requisite can be neglected, as all are zealously competing in devising means of meeting the need of the hour,
nor can any decision arrived at fail to be executed promptly, as all are co-operating both in public and in private to the accomplishment of the task which they have set themselves;
and consequently this peculiar form of constitution possesses an irresistible power of attaining every object upon which it is resolved.
When again they are freed from external menace, and reap the harvest of good fortune and affluence which is the result of their success, and in the enjoyment of this prosperity are corrupted by flattery and idleness and wax insolent and overbearing, as indeed happens often enough,
it is then especially that we see the state providing itself a remedy for the evil from which it suffers.
For when one part having grown out of proportion to the others aims at supremacy and tends to become too predominant, it is evident that, as for the reasons above given none of the three is absolute, but the purpose of the one can be counterworked and thwarted by the others, none of them will excessively outgrow the others or treat them with contempt.
All in fact remains in statu quo, on the one hand, because any aggressive impulse is sure to be checked and from the outset each estate stands in dread of being interfered with by the others. . . .
(Οι Ιστορίες, VI: XI. XI - XVIII. VIII )

(Emphasis is mine)

Polybios was ostensibly writing for the pro-Roman proselytism of contemporary Hellenic politics & scholars.
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Old November 5th, 2012, 01:25 PM   #8

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Quote:
Originally Posted by sylla1 View Post
IMHO the obligatory introductory Classical source must be this famous & illustrative passage from the Scipionic client Polybios s/Lykortas of Megalopolis, written circa the middle of the II century BC:
(Οι Ιστορίες, VI: XI. XI - XVIII. VIII )

(Emphasis is mine)

Polybios was ostensibly writing for the pro-Roman proselytism of contemporary Hellenic politics & scholars.
However you realise that Polybios didnt really understand the nature of Roman political system? It wasnt really such as was presented by him. At least thats what my professors were saying when we were reading Polybios.
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Old November 5th, 2012, 01:27 PM   #9

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You must note, that before laws were codified in XII tables for example, the only source of laws were customs, and customs keepers was collegium of pontifics. So law(and constitution) from the very beggining was connected with religion. At the earliest time, law was divided at ius and fas. Ius are regulations of government and court, while fas are divine laws. At this earliest age, fas covered large area of life of a state; international relationships, borders, marriage, punishments, contracts... and it was all strongly linked with religion. The executor of laws and punishments was the king himself, and he id that at certain days(dies fasti). Until codification of law, Rome was based mostly on customs and if you're about to study law and constitution you always have to bear that in mind.
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Old November 5th, 2012, 01:29 PM   #10

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Quote:
Originally Posted by Mosquito View Post
However you realise that Polybios didnt really understand the nature of Roman political system? It wasnt really such as was presented by him. At least thats what my professors were saying when we were reading Polybios.
Polybius was rather unreliable at this matter, he tried to prove that Roman state was indeed the best state world has or will ever see.
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