Curiate Assembly
Encyclopedia
The Curiate Assembly was the principal assembly during the first two decades of the Roman Republic
. During these first decades, the People of Rome were organized into thirty units called "Curia
". The Curia were ethnic in nature, and thus were organized on the basis of the early Roman family, or, more specifically, on the basis of the thirty original Patrician (aristocratic) clans. The Curia assembled into an assembly, the Curiate Assembly, for legislative, electoral, and judicial purposes. The Curiate Assembly passed laws, elected Consuls
(the only elected magistrates at the time), and tried judicial cases. Consuls always presided over the assembly. While Plebeians (commoners) could participate in this assembly, only the Patricians (the Roman aristocrats) could vote.
Since the Romans used a form of Direct Democracy, citizens, and not elected representatives, voted before each assembly. As such, the citizen-electors had no power, other than the power to cast a vote. Each assembly was presided over by a single Roman Magistrate, and as such, it was the presiding magistrate who made all decisions on matters of procedure and legality. Ultimately, the presiding magistrate's power over the assembly was nearly absolute. The only check on that power came in the form of vetoes handed down by other magistrates. Any decision made by a presiding magistrate could be vetoed by a magistrate known as a Plebeian Tribune. In addition, decisions made by presiding magistrates could also be vetoed by higher-ranking magistrates.
, two primary types of gatherings were used to vote on legislative, electoral, and judicial matters. The first was the Assembly (comitia, literally "going together" or "meeting place"). The Curiate Assembly was a comitia. Assemblies represented all citizens, even if they excluded the plebs
like the Curiate Assembly did, and were used for official purposes, such as for the enactment of statutes. Acts of an Assembly applied to all Roman citizens. The second type of gathering was the Council (concilium), which was a forum where a specific class of citizens met. In contrast, the Convention (conventio, literally "coming together") was an unofficial forum for communication. Conventions were simply forums where Romans met for specific unofficial purposes, such as, for example, to hear a political speech. Private citizens who did not hold political office could only speak before a Convention, and not before an Assembly or a Council. Conventions were simply meetings, and no legal or legislative decisions could be made in one. Voters always assembled first into Conventions to hear debates and conduct other business before voting, and then into Assemblies or Councils to actually vote.
A notice always had to be given several days before the Assembly was to actually vote. For elections, at least three market-days (often more than seventeen actual days) had to pass between the announcement of the election, and the actual election. During this time period (the trinundinum), the candidates interacted with the electorate, and no legislation could be proposed or voted upon. In 98 BC, a statute was passed (the lex Caecilia Didia) which required a similar three market-day interval to pass between the proposal of a statute and the vote on that statute. During criminal trials, the assembly's presiding magistrate had to give a notice (diem dicere) to the accused person on the first day of the investigation (anquisito). At the end of each day, the magistrate had to give another notice to the accused person (diem prodicere), which informed him of the status of the investigation. After the investigation was complete, a three market-day interval had to elapse before a final vote could be taken with respect to conviction or acquittal.
Only one assembly could operate at any given point in time, and any session already underway could be dissolved if a magistrate "called away" (avocare) the electors. In addition to the presiding magistrate, several additional magistrates were often present to act as assistants. They were available to help resolve procedural disputes, and to provide a mechanism through which electors could appeal decisions of the presiding magistrate. There were also religious officials (known as Augur
s) either in attendance or on-call, who would be available to help interpret any signs from the gods (omens), since the Romans believed that the gods let their approval or disapproval with proposed actions be known. In addition, a preliminary search for omens (auspices) was conducted by the presiding magistrate the night before any meeting. On several known occasions, presiding magistrates used the claim of unfavorable omens as an excuse to suspend a session that was not going the way they wanted.
On the day of the vote, the electors first assembled into their Conventions for debate and campaigning. In the Conventions, the electors were not sorted into their Curia. Speeches from private citizens were only heard if the issue to be voted upon was a legislative or judicial matter, and even then, only if the citizen received permission from the presiding magistrate. If the purpose of the ultimate vote was for an election, no speeches from private citizens were heard, and instead, the candidates for office used the Convention to campaign. During the Convention, the bill to be voted upon was read to the assembly by an officer known as a "Herald". Then the order of the vote had to be determined. An urn was brought in, and lots were cast to determine the sequence by which the Curia were to vote.
The electors were then told to break up the Convention ("depart to your separate groups", or discedite, quirites). The electors assembled behind a fenced off area and voted by placing a pebble or written ballot into an appropriate jar. The baskets (cistae) that held the votes were watched by specific officers (the custodes), who then counted the ballots, and reported the results to the presiding magistrate. The majority of votes in any Curia decided how that Curia voted. If the process was not complete by nightfall, the electors were dismissed without having reached a decision, and the process had to begin again the next day.
and the Tribal Assembly
. While it then fell into disuse, it did retain some theoretical powers, most importantly, the power to ratify elections of the top-ranking Roman Magistrates
(Consuls and Praetors) by passing a law (lex curiata de imperio
or "Curiate Law on Imperium") that gave them their legal command (Imperium
) authority. In practice, however, they actually received this authority from the Century Assembly (which formally elected them), and as such, this functioned as nothing more than a reminder of Rome's regal heritage. Even after it lost its powers, the Curiate Assembly continued to be presided over by Consuls and Praetors, and was subject to obstruction by Roman Magistrates
(especially Plebeian Tribunes
) and unfavorable omens (as were the other assemblies). Acts that the Curiate Assembly voted on were mostly symbolic and usually in the affirmative. At one point, possibly as early as 218 BC, the Curiate Assembly's thirty Curia were abolished, and replaced with thirty lictors, one from each of the original Patrician clans.
Since the Curia had always been organized on the basis of the Roman family, it actually retained jurisdiction over clan matters even after the fall of the Roman Republic
in 27 BC. Under the presidency of the Pontifex Maximus
, it witnessed wills and ratified adoptions, inaugurated certain priests, and transfer citizens from Patrician class to Plebeian class (or vice versa). In 59 BC, it transferred Publius Clodius Pulcher
from Patrician status to Plebeian status so that he could run for Plebeian Tribune. In 44 BC, it ratified the will of Julius Caesar
, and with it Caesar's adoption of his nephew Gaius Octavian (the future Roman Emperor
Augustus
) as his son and heir.
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
. During these first decades, the People of Rome were organized into thirty units called "Curia
Curia
A curia in early Roman times was a subdivision of the people, i.e. more or less a tribe, and with a metonymy it came to mean also the meeting place where the tribe discussed its affairs...
". The Curia were ethnic in nature, and thus were organized on the basis of the early Roman family, or, more specifically, on the basis of the thirty original Patrician (aristocratic) clans. The Curia assembled into an assembly, the Curiate Assembly, for legislative, electoral, and judicial purposes. The Curiate Assembly passed laws, elected Consuls
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...
(the only elected magistrates at the time), and tried judicial cases. Consuls always presided over the assembly. While Plebeians (commoners) could participate in this assembly, only the Patricians (the Roman aristocrats) could vote.
Since the Romans used a form of Direct Democracy, citizens, and not elected representatives, voted before each assembly. As such, the citizen-electors had no power, other than the power to cast a vote. Each assembly was presided over by a single Roman Magistrate, and as such, it was the presiding magistrate who made all decisions on matters of procedure and legality. Ultimately, the presiding magistrate's power over the assembly was nearly absolute. The only check on that power came in the form of vetoes handed down by other magistrates. Any decision made by a presiding magistrate could be vetoed by a magistrate known as a Plebeian Tribune. In addition, decisions made by presiding magistrates could also be vetoed by higher-ranking magistrates.
Assembly procedure
In the Roman system of direct democracyDirect democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
, two primary types of gatherings were used to vote on legislative, electoral, and judicial matters. The first was the Assembly (comitia, literally "going together" or "meeting place"). The Curiate Assembly was a comitia. Assemblies represented all citizens, even if they excluded the plebs
Plebs
The plebs was the general body of free land-owning Roman citizens in Ancient Rome. They were distinct from the higher order of the patricians. A member of the plebs was known as a plebeian...
like the Curiate Assembly did, and were used for official purposes, such as for the enactment of statutes. Acts of an Assembly applied to all Roman citizens. The second type of gathering was the Council (concilium), which was a forum where a specific class of citizens met. In contrast, the Convention (conventio, literally "coming together") was an unofficial forum for communication. Conventions were simply forums where Romans met for specific unofficial purposes, such as, for example, to hear a political speech. Private citizens who did not hold political office could only speak before a Convention, and not before an Assembly or a Council. Conventions were simply meetings, and no legal or legislative decisions could be made in one. Voters always assembled first into Conventions to hear debates and conduct other business before voting, and then into Assemblies or Councils to actually vote.
Only one assembly could operate at any given point in time, and any session already underway could be dissolved if a magistrate "called away" (avocare) the electors. In addition to the presiding magistrate, several additional magistrates were often present to act as assistants. They were available to help resolve procedural disputes, and to provide a mechanism through which electors could appeal decisions of the presiding magistrate. There were also religious officials (known as Augur
Augur
The augur was a priest and official in the classical world, especially ancient Rome and Etruria. His main role was to interpret the will of the gods by studying the flight of birds: whether they are flying in groups/alone, what noises they make as they fly, direction of flight and what kind of...
s) either in attendance or on-call, who would be available to help interpret any signs from the gods (omens), since the Romans believed that the gods let their approval or disapproval with proposed actions be known. In addition, a preliminary search for omens (auspices) was conducted by the presiding magistrate the night before any meeting. On several known occasions, presiding magistrates used the claim of unfavorable omens as an excuse to suspend a session that was not going the way they wanted.
On the day of the vote, the electors first assembled into their Conventions for debate and campaigning. In the Conventions, the electors were not sorted into their Curia. Speeches from private citizens were only heard if the issue to be voted upon was a legislative or judicial matter, and even then, only if the citizen received permission from the presiding magistrate. If the purpose of the ultimate vote was for an election, no speeches from private citizens were heard, and instead, the candidates for office used the Convention to campaign. During the Convention, the bill to be voted upon was read to the assembly by an officer known as a "Herald". Then the order of the vote had to be determined. An urn was brought in, and lots were cast to determine the sequence by which the Curia were to vote.
The electors were then told to break up the Convention ("depart to your separate groups", or discedite, quirites). The electors assembled behind a fenced off area and voted by placing a pebble or written ballot into an appropriate jar. The baskets (cistae) that held the votes were watched by specific officers (the custodes), who then counted the ballots, and reported the results to the presiding magistrate. The majority of votes in any Curia decided how that Curia voted. If the process was not complete by nightfall, the electors were dismissed without having reached a decision, and the process had to begin again the next day.
Decline of the Assembly
Shortly after the founding of the republic, the powers of the Curiate Assembly were transferred to the Century AssemblyCentury Assembly
The Century Assembly of the Roman Republic was the democratic assembly of Roman soldiers. During the years of the Roman Republic, citizens were organized on the basis of Centuries for military purposes. The Centuries gathered into the Century Assembly for legislative, electoral, and judicial...
and the Tribal Assembly
Tribal Assembly
The Tribal Assembly of the Roman Republic was the democratic assembly of Roman citizens. During the years of the Roman Republic, citizens were organized on the basis of thirty-five Tribes: Four Tribes encompassed citizens inside the city of Rome, while the other thirty-one Tribes encompassed...
. While it then fell into disuse, it did retain some theoretical powers, most importantly, the power to ratify elections of the top-ranking Roman Magistrates
Roman Magistrates
The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army...
(Consuls and Praetors) by passing a law (lex curiata de imperio
Lex curiata de imperio
In the constitution of ancient Rome, the lex curiata de imperio was the law confirming the rights of higher magistrates to hold power, or imperium...
or "Curiate Law on Imperium") that gave them their legal command (Imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
) authority. In practice, however, they actually received this authority from the Century Assembly (which formally elected them), and as such, this functioned as nothing more than a reminder of Rome's regal heritage. Even after it lost its powers, the Curiate Assembly continued to be presided over by Consuls and Praetors, and was subject to obstruction by Roman Magistrates
Roman Magistrates
The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army...
(especially Plebeian Tribunes
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...
) and unfavorable omens (as were the other assemblies). Acts that the Curiate Assembly voted on were mostly symbolic and usually in the affirmative. At one point, possibly as early as 218 BC, the Curiate Assembly's thirty Curia were abolished, and replaced with thirty lictors, one from each of the original Patrician clans.
Since the Curia had always been organized on the basis of the Roman family, it actually retained jurisdiction over clan matters even after the fall of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
in 27 BC. Under the presidency of the Pontifex Maximus
Pontifex Maximus
The Pontifex Maximus was the high priest of the College of Pontiffs in ancient Rome. This was the most important position in the ancient Roman religion, open only to patricians until 254 BC, when a plebeian first occupied this post...
, it witnessed wills and ratified adoptions, inaugurated certain priests, and transfer citizens from Patrician class to Plebeian class (or vice versa). In 59 BC, it transferred Publius Clodius Pulcher
Publius Clodius Pulcher
Publius Clodius Pulcher was a Roman politician known for his popularist tactics...
from Patrician status to Plebeian status so that he could run for Plebeian Tribune. In 44 BC, it ratified the will of Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
, and with it Caesar's adoption of his nephew Gaius Octavian (the future Roman Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...
Augustus
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...
) as his son and heir.
See also
Primary sources
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius