In Part 1 of this article, we pointed out that the Roman Republic has never ceased to attract the attention of historians and to serve as a model of social and political organization. It was carefully studied and judiciously emulated by the framers of the U.S. Constitution. The U.S. founding fathers acknowledged that precious lessons can be learned from the rise, decline, and fall of the Roman Republic. It would be well if the contemporary U.S. policymakers were as keen students of ancient history as were their forefathers.

In this part two, we propose to offer a brief survey of the Roman Republic, to learn some valuable lessons from its rise and fall, and to apply those lessons to another Republic—the United States of America. This we do for two main reasons: The American Republic was modeled on the Roman Republic. And second, the apocalyptic prophecy in Revelation 13 speaks of both Rome and the United States as the last major global powers that will attempt to establish worldwide dominance and impose laws in opposition to the law of God.

In 167 BC, the Roman army took an educated and accomplished Greek noble a hostage and transported him to Rome to be detained there for 17 years. Due to his upbringing and culture, the Greek noble was admitted to the most distinguished Roman houses. There he was appointed a teacher and entrusted with the education of two sons of Aemilius Paulus, a celebrated military commander and two-time consul. For many years, that Greek teacher was to remain in the inner circle of the most powerful Roman magistrates and accompany them on their military campaigns. He would have the privilege to observe directly the rise of the Roman Republic to the height of its global power in the Mediterranean world. The Greek nobleman’s name was Polybius and his great historical work on the Roman Republic is entitled The Histories. In that notable work, Polybius was to narrate the Roman history from 264 BC‑?146 BC.

As one of the stunned spectators, Polybius questioned how such an austere, agrarian civilization had come to dominate the Mediterranean with such unprecedented success. Polybius sought to answer this question in The Histories. He believed that the secret of Rome’s success was only partly attributable to the Roman leaders who displayed great personal and civic virtue. He found that an equally important ingredient to Rome’s success story was the Roman Constitution, particularly the division of powers between the Republic’s main governing institutions (“mixed government”). Chapter 6 of Polybius’ History was to be carefully studied by the fathers of the American Constitution, and for a good reason. In this part of the article, we will take a brief look at the same subject matter. The starting point will be a sketch of Rome’s earliest history.

In a magazine article we can offer only a brief sketch of Roman history by limiting ourselves to the survey of the key historical events, social institutions, and persons that are relevant to our subject matter.

Rome’s origins are to a large extent shrouded in the mist of legendary tales. It is undisputed, however, that the Italian peninsula was inhabited by various tribes and peoples at the time the Latins settled in the region of Latium, a plain of west-central Italy (2nd millennium BC). Latins spoke one of the Italian dialects, the other two dialects being Oscan-Umbrian and Venetic, all of them belonging to the Indo-European family of languages. Rome emerged and evolved in a multicultural environment from which the Latins largely benefited. From the 8th century BC, two developed civilizations would exert profound influences on the Latins—Etruscans to their north, and Greeks to their south. From these peoples, especially from the Etruscans, Romans borrowed and adapted their alphabet, political institutions and military organization, urban infrastructure, art and architecture, entertainment (gladiatorial combat).

Romans were flattered by and readily adopted the Greek historians’ account of their city’s origin. According to this myth, the Trojan hero, Aeneas, and some followers escaped the Greek destruction of Troy and set out on a sea voyage. After a few years of wandering, they settled in central Italy where they intermarried with the native population and became the Latins. Several kings, supposedly descending from Aeneas, ruled the city Alba Longa in Latium from the early 12th century BC, until the last of the royal line—the twin brothers Romulus and Remus—overthrew the wicked king and in 753 BC founded their own city on the Palatine Hill, the city of Rome. It is noteworthy that the ancient tale recounts how a struggle for dominance over the new city arose between the two brothers and how Romulus prevailed and killed Remus. It is highly emblematic and eerily foreboding that from this bloodshed emerged the state that would rule the Mediterranean world.

Early Latins engaged in agriculture and in animal husbandry, living in villages and small towns. Sometime in the 8th century BC a fortified settlement was established on the Tiber River, about 12 miles or 20 km inland from the sea. That site commanded a convenient river crossing and lay at the border area between Latium and Etruria. For the next 250 years, Rome was to be ruled by seven kings, several of them coming from the Etruscan dynasty. The first six kings apparently ruled well, but the last of them, Tarquinius Superbus (Tarquin the Proud) is reputed to have been a cruel tyrant who was overthrown by a popular uprising. The people’s revolt was triggered by an act of sexual violence perpetrated by the king’s son against a virtuous noblewoman, Lucretia. That event, most likely a mixture of truth and fable, is important for the understanding of the Roman Republic for two reasons: The Romans highly prized the concept of a republic and detested even an appearance of monarchy, and second, the early Romans held in high esteem individuals who displayed moral virtues and promoted a healthy and well-ordered family.

It is commonly assumed that the last Roman king was deposed in 509 or 510 BC and that Rome transitioned to the republican form of government from that time. As we stated earlier, the early Roman historians formed the chronological framework for their historic accounts by relying on a list of annual magistrates from the beginning of the republic onward (the consular fasti). It must be stressed, however, that the period of monarchy (753‑?509 BC) and the period of the early republic (509‑?264 BC) are historically not well documented. Considering the scope and the purpose of this article, we can offer only a basic outline of the most significant political and social institution in the Roman Republic (the Roman constitution).

Central to the abolition of the kingship and to the establishment of the republican government was the election of two highest magistrates—consuls, following their nomination by the highest governing body—the Senate. Two main prerogatives of the king—that of the high priest and the chief military commander—devolved to two classes of magistrates: Rex sacrorum or a priest-king assumed the leading religious function, while the supreme military command was entrusted to two chief magistrates called consuls. Consuls were elected annually by the Centuriate Assembly, and they exercised collegially the highest military and political executive powers (imperium). The vesting of Roman public office holders with equal powers (collegiality) was a common and effective way to check abuses of power. Thus, for example, any magistrate could veto the action of a magistrate of equal or lesser rank.

It is likely that the Senate (Latin senatus) originated during the monarchy as an advisory body assisting a king. Most likely it consisted of older, arguably “wise” men (Latin senex, gen. senis means “old” or “old man”). Livy, and later Cicero, report that Romulus selected the first 100 hundred senators from among the respected Roman families (e.g., Claudii, Iulii, Cornelii). The descendants of those men (“fathers”—Latin patres) would later form the patrician class or Roman nobility. During the middle republic the Senate numbered about 300 members who were collectively termed patres et conscripti (“the fathers and the enrolled”). The number of senators in the late republic increased to 900 and even 1,000 only to permanently settle at 600 in the empire. Plebeians, the Roman citizens without nobility, were later to obtain an equal access to the Senate and hold the offices of high-ranking magistrates.

The Senate was not an elected body but one to which the members were appointed by consuls and later by censors. Over the course of history, an election to magisterial office led to automatic Senate membership. The Senate advised both magistrates and the Roman people by issuing its majority decision (“senatus consultum”—“the Senate’s advice”). The Senate was by far the most influential deliberative and governing body, having enormous prestige and power both in domestic and foreign affairs. Even the celebrated name of the Roman Republic revealed the Senate’s significance. The famous abbreviation—SPQR—Senatus PopulusQue Romanus – “The Roman Senate and People”—testifies that the two sovereign entities in the Roman Republic were the Senate and the people of Rome.

The legislative and electoral powers rested with the Roman popular assemblies. Only adult male Roman citizens could exercise their political rights (right to vote) in one of two assemblies. Each person had one vote, but he cast it within a larger voting unit which in turn also had only one vote (this model is somewhat akin to the electoral college in the U.S.). These two popular assemblies were named Centuriate Assembly (Comitia Centuriata) and tribal assembly (Comitia Tributa).

The Centuriate Assembly (Comitia Centuriata) was a successor of the Curiate Assembly (Comitia Curiata) whose origins were in the Roman Kingdom, and which was based on the early Roman family, or more precisely, the thirty original patrician (aristocratic) clans. The sixth Roman king, Servius Tullius, introduced political reforms which resulted in the formation of the Centuriate Assembly. This assembly originally consisted of citizens- soldiers and had a military character. All voters in this assembly were divided into equites (cavalry) to which class was assigned 18 centuries, and to pedites (infantry) collectively assigned 170 centuries. The infantry class was further divided into five (or six) subclasses according to wealth criteria. Each class and subclass were entitled to a certain number of centuries, the total number of centuries being 193 (in 241 B.C. that number increased to 373). The wealthy class was allotted the largest number of centuries and thus acted as the dominant group in the assembly, although it was numerically the smallest. The Centuriate Assembly voted on war and peace and elected the highest magistrates (consuls, praetors, censors, and curule aediles, of which consuls and praetors exercised imperium). Until the late republic, this assembly also sat as a criminal court and exercised capital jurisdiction.

The Tribal Assembly (Comitia Tributa) was a civilian assembly organized not on wealth but on a territorial principle and thus somewhat more democratic in nature. The territory of the Roman state was divided in four urban and several rustic districts called tribes wherein Roman citizens voted according to their residence (the number of rustic tribes increased from 17 to 31, making the total number of all tribes 35). Tribal assembly elected magistrates who did not exercise imperium (plebeian tribunes, plebeian aediles, and questors) and it heard the cases involving serious public offences sanctioned by high monetary fines. It should be noted that about one third of the Roman society consisted of slaves with no political rights.

There was in the Roman Republic a third popular assembly from which the patricians were excluded—the Concilium Plebis or Plebeian Council/Assembly. Only plebeians (commoners) voted in this council to pass legislation (called plebiscites), to elect plebeian tribunes and plebeian aediles, and to try judicial cases. Plebeian tribunes were regarded as sacrosanct and possessed inviolability. They could also veto the action of any magistrate including another tribune. They interceded on behalf of citizens against the actions of a consul, introduced to the Tribal Assembly legislative proposals, only they could convoke Plebeian Council. Plebeian Council/Assembly should be distinguished from Tribal Assembly. Both assemblies were organized on the territorial principle, however, in the work of the Tribal Assembly participated both plebeians and patricians, while participation in the Plebeian Council was restricted only to plebeians. The Plebeian Council was gradually to fade away and disappear in the time of the Empire.

The creation of the Plebeian Council and of the plebeian tribune was the outcome of a struggle between the two classes of Roman citizens—plebeians and patricians. Plebeians served the Republic in the time of war by often neglecting their own farms and by falling into debt. The patricians imposed harsh debt laws which left the plebeians open to abuse and even enslavement by their creditors. As the patricians were in control of politics, the plebeians were left with no choice but to withdraw from the city at the time their military service was needed. The First Secession took place in 594 BC and two more followed. The patricians conceded and granted to the plebeians the right to meet in their own assembly, the Concilium Plebis, and to elect their own official to protect their rights, the tribune of the plebs.

The plebeians’ struggle for equality with the patricians and for an access to the magistracies lasted for about two hundred years. In 367 BC was passed the law named Lex Licinia Sextia (Licinio-Sextian rogations) allowing plebeians to stand for election as consul. The following year was elected the first plebeian consul, and from 342 BC onwards one of the two consuls had to be plebeian. The conflict of orders will continue until the passage of Lex Hortensia in 287 BC. This law finally gave the Plebeian Council the power to pass laws binding both on plebeians and patricians by taking away from the patrician senators their final check (auctoritas patrum—“authority of the fathers”) over the Plebeian Council.

According to the Roman tradition, the earliest high magistracy emerging from the conflict of the orders that opened to plebeians an access the consulship was created in 445 BC. It was the office of military tribunes with consular power (consular tribunes). The list of magistrates from 444 to 367 BC shows that the chief magistracy alternated between consuls and military tribunes. The consular tribunate was abolished in 367 BC and replaced by the consulship.

One of the most valuable outcomes of the conflict of the orders was the codification of the Roman customary law. That law code known as the Law of Twelve Tables came into being in about 450 or 451 BC upon the insistence of plebeians who sought legal protection from patrician abuse of power. The law was inscribed on twelve bronze tablets and publicly displayed in the Forum making it thus known to all citizens. It stated the rights and duties of the Roman citizens and contained rules of legal procedure (for courts and trials, enforcement of judgments) and of substantive law (contracts, family law, inheritance laws, acquisitions and possessions, land rights, torts and delicts, sacred law). The Law of Twelve Tables had an enormous weight and authority in the Roman Republic. It laid the foundation of the Roman law and, although much developed through succeeding centuries, it was never formally repealed. The contents of this law code are not known to us directly but rather through the authors who reproduced various legal provisions with their comments.

The governmental institutions of the Roman republic evolved over several hundred years and centered around a series of magistracies or offices.

All these magistracies shared several characteristics:

• Office holders obtained their positions by election.

• Office holders served one-year terms.

• Office holders had to meet minimum age requirements for each office, and

• Each office was collegial, meaning that more than one person held that same title at the same time.

The lowest magistracy was the quaestorship. Under the fully developed system, questers were supposed to be 30 years old and were entrusted with an oversight of various financial affairs, both domestic and provincial. As the republic expanded, so grew the number of questors from initially two to twenty.

The next magistracy was that of aediles. The aediles were originally two in number and were elected from the plebs. From 365/366 BC two patrician aediles were added to the existing two. These additional aediles were called curule (“higher”) aediles and they had the power to issue edicts (ius edicendi) governing commercial transactions. From that time onward, four aediles were elected each year and the minimal age requirement for this office was 36. The aediles were responsible for a variety of urban affairs, including the maintenance and repair of urban infrastructure, monitoring markets to ensure fair trade and enforce uniform standards of weights and measures, and staging public festivals.

Above the aediles and just one round below consuls, were the praetors. To qualify for this office, a person needed to be at least 39 years old. As with the questors, the number of praetors increased over time, from one to as many as eight. A praetor initially adjudicated only the cases involving Roman citizens (praetor urbanus), but later additional praetors were elected to administer justice in cases involving foreigners (praetor peregrinus). Praetors mainly served in judicial capacity, overseeing law courts and the running of the judiciary system. Praetors possessed imperium enabling them to command military units and to preside over popular assemblies including the Senate. Praetors’ edicts, laying out procedural law, had a major influence on the development of the Roman law.

The most prestigious post of all was the consulship. Only two were elected each year; each of them required to be at least 42 years old. They acted as the chief executives of the state and, for the greater part of the Republic, served as the generals of Rome’s armies. The office usually represented the pinnacle of a Roman’s noble career. More about consuls is stated earlier.

Each of the main magistrates in the Roman government was appointed several assistants or lictors, whose job was to enforce their orders and to march on the streets ahead of the magistrate to clear a path for him. The number of lictors granted to each magistrate varied, with the highest officer, like a consul, having the most, and junior magistrates having fewer lictors. As a symbol of the magistrate’s power, each lictor carried fasces, an axe surrounded by a bundle of rods tied together with a purple ribbon. In theory, the magistrate could order lictors to dispense punishment by beating offenders with the rods or executing them with the axe. One of the most dreaded commands that a magistrate could utter was the formulaic phrase: “Lictor, unbind the fasces”—since this meant that someone was either about to be beaten or decapitated. The modern word “fascism,” meaning an overly authoritarian form of government is derived from these bundles of sticks and axes that symbolized Roman administrative power (yet the fascism of the 20th century and the Republican Roman fasces, apart from the common symbol, have very little if anything else in common).

Two more high offices with special powers existed in the Roman Republic—the office of dictator and the office of censor. From time-to-time military emergencies necessitated that an outstanding leader be invested with extraordinary powers for a short period of time. According to ancient tradition, the office of dictator was created in 501 BC and was in existence until the Second Punic War (218-201 BC). During the military emergency, but only up to six months, the dictator held supreme military command over the Roman army (magister populi). This office was thoroughly constitutional and should not be confused with the late republican dictatorships of Sulla and Caesar which represented legalization of autocratic power arrogated through military usurpation.

The other slightly unusual office was the office of a censor. From 443 BC until 22 BC, the Centuriate Assembly was electing two censors for the term of eighteen months. The primary task of these two civil magistrates was to make up and to maintain census—the official list of Roman citizens (personal data, tribal assignment, assessment of the property). Census served as a basis for determining voting rights, liability for military service and for taxation. The censors were initially only patricians, from 339 BC at least one censor had to be a plebeian, from 131 BC both censors were plebeian. The censors also exercised a supervision of the public morality, revised the membership of the Senate, and oversaw the leasing of revenue-producing public property and for making contracts with the publicani (tax collectors). The office of a censor did not confer imperium, but it was highly prestigious and second only to that of consuls. It was typically filled with ex-consuls.

The middle and late Roman Republic created a sequence of magistracies that a leading Roman noble might hold. That “career path” was called the “cursus honorum” (the “course of honor”). Once the law beginning of the 2nd century BC stipulated that all consuls be ex-praetors, the basic progression was quaestor-aedile (or a tribune of the plebs)-praetor-consul. As stated earlier, the law set the minimal age for certain office holders and imposed the gap of at least two years between two offices. As the Republic grew, so grew the competition for public offices among the Roman elites. The most successful aspirants to the high offices did not miss a year climbing the cursus honorum until they reached the top, the consulship.

The Roman Republic was far from an ideal model of just society. Yet we cannot deny that it made several major contributions to the principles of governance that we hold dear. As we conclude our brief review of the Roman Constitution, we wish to bring out one noble feature of Roman system of republican government which we prize to our own day—the status of a citizen (civitas) and recognition of the rule of law. One of the rights of the citizens was that they could not be punished without a proper trial, that the type of punishment must be prescribed by law, and furthermore, this trial had to be held at Rome.

This legacy of the Roman Republic, retained during the Roman Empire, is documented in the New Testament historical books. Christians charged with any public offence, could not be persecuted or punished without due process if they were Roman citizens. A well-known example is the unlawful flogging of the apostle Paul and Silas on the order or lower magistrates in Philippi. Pursuant to Porcian Laws (Leges Porciae), a Roman citizen could not be tortured or whipped. When Paul claimed his Roman citizenship, he was granted the right of a citizen, namely, to be tried in Rome (Acts 16:20–40). If not a Roman citizen, the accused would be tried by a local magistrate.

One of the most potent phrases in Roman society was “Civis Romanus sum,” meaning “I am a Roman citizen.” By invoking his Roman citizenship, the citizen would be granted protection and accorded his full procedural rights. This phrase entered Roman legend when a corrupt governor, Verres, seized a Roman citizen and illegally ordered that the man be beaten and tortured notwithstanding the man’s repeated protestations: “Civis Romanus sum.”

The Roman author, Cicero, who successfully prosecuted Verres, vividly describes the scene stressing the importance of the man’s status as a citizen. In his oration “Against Verres,” Cicero writes: “Then he [orders the man to be most violently scourged on all sides. In the middle of the forum of Messana a Roman citizen, O judges, was beaten with rods; while in the mean time no groan was heard, no other expression was heard from that wretched man, amid all his pain, and between the sound of the blows, except these words, ‘I am a citizen of Rome.’ . . . O the sweet name of liberty! O the admirable privileges of our citizenship! O Porcian law! O Sempronian laws! O power of the tribunes, bitterly regretted by, and at last restored to the Roman people!