Roman Republic: Patrician-Plebeian Conflict, Magistrates, and Assemblies
The Patrician-Plebeian Struggle in the Roman Republic
The early Roman Republic (6th-4th centuries BC) was marked by conflict between patricians and plebeians. Patricians, descendants of the city’s founders, held all political and civil power, forming a state based on a gentile system. Plebeians, a diverse group of people who settled in Rome under the king’s protection, received small land plots for their livelihood. They were also composed of merchants and artisans attracted to the city.
The plebeians fought the patricians on three fronts:
- Politically: To hold magistracies and priesthoods, which were exclusively occupied by patricians. This was crucial for interpreting and applying legal rules.
- Economically: To participate in the distribution of conquered lands, which were the basis for organizing the Centuriate Assembly, and to ease the plight of debtors, who were usually plebeians.
- Socially: To abolish conubium, the prohibition of marriage between patricians and plebeians.
Secessions, like a “strike,” involved the withdrawal of plebeians to the Sacred and Aventine hills, refusing to cooperate in any function of the city. In 494 BC, the first secession occurred, leading to the creation of the Tribune of the People. In 450 BC, the Law of the Twelve Tables was published, establishing legal equality. The Licinian Laws of 367 BC allowed one consul to be a plebeian. The Canuleia Act of 445 BC abolished the prohibition of marriage between plebeians and patricians. The Poetelia Papiria Law of 326 BC addressed debtor liability. The Ovinia Act of 312 BC allowed censors to elect senators from both patricians and plebeians. The Ogulnia Act of 300 BC allowed plebeians to be part of priestly colleges. Finally, the Hortensia Law of 286 BC equated plebiscites (decisions of the plebeian assembly) with laws.
Roman Magistrates
Magistrates held political positions, usually elected in popular assemblies. Any Roman citizen could aspire to a magistracy with two conditions: 10 years of military service and not being a former slave. Magistrates were classified by origin (patrician or plebeian), time and duration (ordinary or extraordinary), and the assembly that elected them (higher or lower). Higher magistrates, like consuls and praetors, were elected by the Centuriate Assembly, while lower magistrates were chosen by the Tribal Assembly.
Magistrates held imperium (power to rule), a power inherited from the monarchy, with strong military content. In the Republic, this power referred to government functions and was theoretically unlimited. Magistrates were invested with power through the Lex Curiata de Imperio. Those without imperium held potestas (power). Magistrates had military power, the power to punish, the right to issue edicts, and the power to convene the people and the Senate.
Characteristics of Roman Magistrates
- Collegiality: Magistrates were collegial, with two consuls sharing power.
- Annuity: Magistrates served annual terms, except for censors (18 months every five years) and dictators (maximum 6 months).
- Electives: The Lex Villia established a political career hierarchy: quaestor, aedile, praetor, consul.
- Gratuity: Magistrates did not receive payment, but the positions were highly coveted by wealthy families.
Magistrates had no civil or criminal liability during their term. The Consulate was the highest office, accessible to both patricians and plebeians after 367 BC. The dictator was an extraordinary office, appointed by the consuls for a maximum of 6 months. Censors were elected every five years for 18 months, responsible for the census and electing senators. The praetor was in charge of administering justice, with the urban praetor handling disputes between Roman citizens and the peregrine praetor handling disputes involving foreigners. Aediles were plebeian magistrates responsible for police and market surveillance. Quaestors managed public finances. Tribunes of the people had the power to veto any decision of any magistrate.
The Roman Senate
The Senate was composed of prestigious citizens, playing a crucial role in the city’s political leadership. Senators were initially chosen by the consuls from among the patricians, but after 312 BC, the censors elected senators from both patricians and plebeians. Senators served for life unless censured. The Senate met in a closed space, usually in the forum, and could be convened by a magistrate with imperium. The Senate’s views were taken in a senatus consultum, which was not legally binding but carried significant political weight. The Senate’s most important functions included the interregnum, the patrum auctoritas, and financial, military, administrative, religious, and judicial matters.
People’s Assemblies
There were four types of assemblies in the Republican era:
- Curiae Assembly: Symbolic in the Republican era, with limited functions.
- Centuriate Assembly: The most important assembly, based on wealth, with 193 centuries. It elected higher magistrates, voted on laws, and had judicial functions.
- Tribal Assembly: Based on territorial districts, it was the most democratic assembly, with 35 tribes. It elected lower magistrates, voted on laws, and heard appeals.
- Plebeian Council: A meeting of plebeians only, organized territorially.