Constitution of The Roman Kingdom - Constitutional History

Constitutional History

The period of the kingdom can be divided into two epochs based on the legends. While the specific legends were probably not true, they were likely based on historical fact. It is likely that, before the founding of the republic, Rome had actually been ruled by a succession of kings. The first legendary epoch spans the reigns of the first four legendary kings. During this time, the political foundations of the city were laid, the city was organized into "curiae", the religious institutions were established, and the Senate and the assemblies evolved into formal institutions. The city fought several wars of conquest, the port of Ostia was founded, and the Tiber River was bridged. The early Romans were divided into three ethnic groups: the Ramnes (Latins), Tities (Sabines), and Luceres (Etruscans). The original "patrician" families belonged to these ethnic groups. In an attempt to add a level of organization to the city, these patrician families were divided into units called "curiae". The vehicle through which the early Romans expressed their democratic impulses was known as a "committee" (comitia or "assembly"). The two principle assemblies that formed were known as the "Curiate Assembly" and the "Calate Assembly". The two assemblies were designed to mirror the ethnic divisions of the city and, as such, the assemblies were organized according to curia. The vehicle through which the early Romans expressed their aristocratic impulses was a council of town elders, which became the Roman Senate. The elders of this council were known as patres ("fathers"), and thus are known to history as the first Roman senators. The populus ("people") and the elders eventually recognized the need for a single political leader, and thus elected the rex (king). The populus elected the rex, and the elders advised the rex.

The second epoch spans the reigns of the last three legendary kings. This epoch was more consequential than the first, which was due partly to the significant degree of territorial expansion that occurred. Regardless of whether these legends are true, it is likely that, as the legends claim, a series of conquests did occur during the late monarchy. As a result of these conquests, it became necessary to determine what was to be done with the conquered people. Often, some of the individuals whose towns had been conquered remained in those towns, while some others came to Rome. To acquire legal and economic standing, these newcomers adopted a condition of dependency toward either a patrician family, or toward the king (who himself was a patrician). Eventually, the individuals who were dependents of the king were released from their state of dependency, and became the first "plebeians". As Rome grew, it needed more soldiers to continue its conquests. When the plebeians were released from their dependency, they were released from their curiae. When this occurred, they were freed from the requirement to serve in the army, but they also lost their political and economic standing. To bring these new plebeians back into the army, the patricians were forced to make concessions. While it is not known exactly what concessions were made, the fact that they were not granted any political power set the stage for what history knows as the Conflict of the Orders.

To bring the plebeians back into the army, the army was reorganized. The legends give credit for this reorganization to King Servius Tullius. Per the legends, Tullius abolished the old system whereby the army was organized on the basis of the hereditary curiae, and replaced it with one based on land ownership. As part of his reorganization, two new types of unit were created; the army was divided into "centuries", and later reorganizations made the army more efficient through the use of "tribes". The centuries were organized on the basis of property ownership, and any individual, patrician or plebeian, could become a member of a century. These centuries formed the basis of a new assembly called the "Century Assembly", though this assembly was not immediately granted any political powers. In contrast, four tribes were created that encompassed the entire city of Rome, and while new tribes were to be created later, those tribes would encompass territory outside of the city of Rome. Membership in a tribe, unlike that in a curia, was open to both patricians and plebeians without regard to property qualification.