The concilium plebis

The concilum plebis, the assembly of the plebeians, was accorded legal status in 471 BC under the lex Publilia Voleronis. This statute recognised the right of the plebeians to hold meetings to elect their leaders (the tribuni plebis) and to discuss matters concerning the interests of their class.

One of the chief functions of the plebeian assembly was the election of the plebeian magistrates (magistratus plebis), i.e. the tribuni plebis and their assistants, the aediles plebis. Moreover, the plebeian assembly issued resolutions, referred to as plebiscita'^a which originally had no general legal effect, applying to the plebeians only. But with the advancement of the plebeian class in Roman political life the plebiscita came to be recognised, through a series of enactments, as fully-fledged laws binding on both patricians and plebeians alike. According to Roman tradition, the first such enactment was the lex Valeria Horatia of 449 BC. Under this law the resolutions of the plebeian assembly were declared binding on all citizens, subject to their ratification by the senate (patrum auctoritas) and/or the assembly of the centuries.^{^[357]}[358] The lex Valeria Horatia was probably confirmed by the lex Publilia Philonis of 339 BC.^{^[359]} Finally, the lex Hortensia de plebiscitis (287 BC) provided that the resolutions of the plebeian assembly should have the full force of laws without any restrictions.^{^[360]} Besides its legislative functions, the concilium plebis, acting as a court of justice, heard cases involving violations of the rights of the plebeians.^{^[361]} In the jurisdiction of the plebeian assembly fell, moreover, appeals against decisions of the tribuni plebis imposing fines and other minor penalties. It remains unclear, however, whether the relevant procedure was understood as being connected with the original provocatio ad populum.

The organisation and mode of operation of the concilium plebis were similar to those of the comitia tributa. Like the assembly of the tribes, the plebeian assembly met in the Roman Forum by tribes (hence its description as concilium plebis tributumi).

The majority within each tribe determined its vote and a simple majority of tribes determined the decision of the assembly as a whole. But whereas the assembly of the tribes was originally convened and presided over by a consul or a praetor, the plebeian assembly was summoned and presided over by a tribune of the plebs. Moreover, it appears that, by contrast with the regular comitia, the concilium plebis did not follow certain formalities, such as the taking of the auspices (a privilege that belonged exclusively to the patricians).

Although the formal distinction between the concilum plebis and the comitia tributa was retained until the close of the Republic, the composition and functions of the two bodies came to be very similar in practice, especially after the middle of the third century BC. The gradual convergence of the tribal and the plebeian assemblies was associated with the elimination of all political distinctions between patricians and plebeians and the rapid increase of the plebeian population as a result of the social and economic changes brought about by Rome's expansion. Moreover, just like the regular comitia, the concilium plebis was controlled by its richest members. These were the representatives of the new patricio-plebeian nobility that emerged in the closing years of the conflict of the orders. Thus, during the later Republic there were three legislative assemblies in Rome, made up of more or less the same people, whose enactments were binding on the entire citizen body: the comitia centuriata, the comitia tributa and the concilium plebis. Of these the last two were organised in the same way, although they were summoned and presided over by different magistrates.^{^[362]}

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

The concilium plebis

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