Magistrates of the Roman Empire

During the transition from monarchy to republic, the constitutional balance of power shifted from the executive (the king) to the senate. During the transition from republic to empire, the constitutional balance of power shifted back to the executive (the emperor).

One political courtesy that dominated the early Principate was the use of constitutional forms to disguise monarchy. For example, while the old republican executive magistrates were technically still "elected", those "elections" were not free. The emperor, in effect, dominated the process by which magistrates were elected.^[1] Any individual who wanted to run for office would first have to attain the authorization of the emperor. If a former magistrate wanted to run for office again, he would again need to attain the authorization of the emperor. Thus, the emperor was able to dominate the constitutional apparatus, while presiding over the illusion of a commonwealth. Because of this arrangement, the magistrates lost their independence to the emperor.^[1] With the loss of their independence, the magistrates lost their prestige. With the loss of their prestige, the magistrates lost real power.

The Princeps

A distinction should be made between the title of Princeps and the title of "emperor". While the word "emperor" derives from the honorary title imperator, the word itself did not exist in its modern form until Charlemagne was crowned "emperor" in the 8th century. While the Roman "emperors" did use the title imperator, it was one of the many designations of their office. A more appropriate term to use when referring to the early emperors would be that of Princeps. This was the title that was used by Augustus. The term, under this usage, simply means "first citizen". The term itself was a device that Augustus used to disguise the reality of monarchy. His successors, up until the accession of Diocletian in 284, would continue the precedent that had been set by Augustus.

The 'election' of a new Princeps

Theoretically, the senate would elect each new Princeps. In practice, however, each sitting Princeps would appoint his successor. After the death of that particular Princeps, it would be up to the army to either ratify or reject that appointment. If an individual had the support of the army, the senate would acquiesce under the vestiges of an independent election.

Since the powers of a Princeps (technically) existed through the virtue of his legal standing, those powers were his only so long as he was alive. His grade of power, called imperium, existed by virtue of law. Imperium should be distinguished from regnum, which is extra-legal, and can be passed to an heir upon an individual's death. Thus, a Princeps would usually ensure that his chosen successor had the legal standing necessary to become Princeps. To do this, he would ensure that his chosen heir held the legal powers of potestas tribunicia (in effect, perpetual tribunician powers) and imperium proconsulare (perpetual command over all the provincial governors).^[2] Only the senate could grant those powers. After a Princeps died, the senate would ratify the legal standing of the new Princeps.

File:Aug11 01.jpg

Augustus, the first Roman Emperor.

The involvement of the senate did nothing more than disguise monarchy behind a cloak of republicanism. By going through this process, the new Princeps would have legal standing that he, in reality, did not need.

Technically, it was the consent of the senate that made an individual a Princeps. In practice, however, the only consent that was necessary was that of the army.^[3] If an individual who had been chosen as an heir did not have the support of the army, the army would install its own Princeps. If other armies did not want that particular individual to become Princeps, they would use the force of their arms to 'veto' the installation of that particular individual. During the early empire, this was often a prelude to civil war. Thus, the provincial armies became the 'electoral bodies' which would 'elect' new Princeps.

Powers held by the Princeps

The legal standing upon which the power of the Princeps rested was his proconsular imperium and his tribunician powers. His proconsular imperium gave him the power to command the entire Roman army. His tribunician powers gave him power over the civil apparatus in Rome, and made his office and his person sacrosanct.

Consular and proconsular powers

By virtue of his proconsular imperium (imperium proconsulare), the Princeps held the same grade of imperium as did the consuls. This very fact vested in him the same degree of authority as was held by the consuls. Since republican proconsuls often held their imperium for extended periods of time, the prolonged use of this power was not a violation of the old republican constitution. However, since the Princeps was (often) not a consul, he was not subject to the constitutional restrictions of that office.^[4] For example, he was not required to observe collegiality (since he had no colleague), and he could not have his actions vetoed. His proconsular imperium, in conjunction with the unrestrained nature of his office, gave him unmatched prestige. And in Roman politics, prestige usually resulted in real power.

Eventually, the grade of imperium that was bestowed upon a Princeps would include powers that, under the republic, had been reserved for the senate and assemblies. These included the right to declare war, the right to ratify treaties, and the right to negotiate with foreign leaders.^[5] The decision to include these powers in his grade of imperium was simply a recognition of powers which he already had, by virtue of his consular, tribunician and censorial powers over the senate.

His proconsular imperium gave him command of, and authority over, all the proconsuls. Under the republic, proconsuls (who were usually former consuls) would be made governors of the more challenging provinces. In contrast, propraetors (who were usually former praetors, but who had not yet attained the rank of consul) were made governors of the more stable provinces. This arrangement was a consequence of the fact that the proconsuls were typically more experienced than were the propraetors. Therefore, their grade of (consular) imperium was superior to the grade of imperium held by the propraetors (praetorial imperium).

Augustus was given a grade of imperium that was superior to that of all proconsuls. Thus, he had the legal standing to command all of those proconsuls (and probably by extension, all of the propraetors as well). Since the proconsuls commanded the challenging provinces, most of the Roman army existed in those provinces. Thus, by commanding the proconsuls, Augustus acquired command over most of the Roman army. Since propraetoral provinces had little military value, Augustus gave command of these provinces to the senate as a 'concession'. This was an attempt to further perpetuate the illusion of shared power between the Princeps and the senate. Ultimately, this resulted in the dual system of imperial and senatorial provinces.

Tribunician powers

Whereas proconsular imperium gave a Princeps authority over Rome's military apparatus, his tribunician powers (potestas tribunicia) gave him power over Rome's civil apparatus. Perhaps the most useful facet of the tribunician power was its prestige.^[6] This prestige derived from the populist history of the office.^[7] During the early republic, the tribunate was the principle weapon which the People of Rome used to acquire real political power. During the later republic, it was often used to protect the people from the abuses of the state. By acquiring unmatched tribunician powers, the popularity of the tribunate further expanded the popularity of the sitting Princeps.

His tribunician powers gave the Princeps the legal standing to preside over (and thus to dominate) the assemblies and the senate.^[6] In effect, however, he already held those powers through other means. It is also true that his tribunician powers allowed him to veto any act of the popular assemblies or of the senate. However, the assemblies quickly became powerless, and obstruction against a Princeps was unlikely in the senate.^[7]

When a Princeps was vested with the tribunician powers, his office and his person became sacrosanct.^[6] It was a capital offense to harm (or to attempt to harm) the Princeps. It was also a capital offense (publishable by death) to obstruct the Princeps, or even to speak ill of him.^[6] His sacrosanctity also gave him the authority to order the use of capital punishment against any individual. Such orders could not be appealed. Under the republic, tribunes held these same powers. What was unique, however, was the fact that the Princeps possessed these powers for life, and it was unlikely that anyone would ever attempt to obstruct him.

A distinction must be made between an individual acting as a tribune, and an individual holding tribunician power. Under the republic and Principate, a tribune's term in office would expire after a year. After his term ended, he would be required to wait for ten years before seeking the tribunate again. Any tribune could veto the action of another tribune.

In contrast, the Princeps held tribunician powers. The difference was significant.^[6] The Princeps would usually hold these powers for life. Therefore, he would not need to stand for reelection every year.^[6] Since he did not ever need to stand for reelection, he could not violate the ten year requirement. In addition, while a tribune could have his acts vetoed by another tribune, one who held tribunician power (who did not technically hold the office of tribune) could not have his actions vetoed. This distinction, however, probably had no practical meaning. The prestige of the Princeps made it unlikely that a magistrate would attempt to obstruct one of his actions.^[6]

Additional powers

The Princeps had the authority to carry out a range of duties that, under the republic, had been performed by the censors. Such duties included the authority to farm out tax collection and to grant public contracts. He could also regulate public morality (censorship), as Augustus did when he attempted to prohibit divorce and encourage marriage. In addition, the Princeps could conduct a census. As part of the census, he had the power to grant citizenship to any individual, and to assign individuals to a new social class (the three imperial classes were the senators, the equites, and the plebeians). This power, therefore, gave the Princeps unchallenged control over senate membership.^[8]

The Princeps had the power to interpret laws, and to set precedents. To do this, the Princeps would issue either an edicta, decreta, or a rescripta.^[9] Edicta usually addressed matters associated with the army, treasury, or food supply. The decreta were judicial decisions. The rescripta were issued in response to important questions asked by private citizens.^[9]

Under the republic, the aerarium Saturni held the state treasury. Only the senate had control over the treasury. Under the early principate, the senate retained control over the aerarium Saturni. Over time, however, the senate's control over the aerarium Saturni declined.^[10] The emperor Augustus had established two new treasuries. These treasuries were the fiscus Caesaris and the aerarium militare. The fiscus Caesaris replaced the aerarium Saturni, and thus became the principle treasury in Rome.^[10] Since the Princeps controlled this treasury, he was technically not violating tradition (as he would if he had taken outright control of the aerarium Saturni). The aerarium militare was of minor importance. Its only significant function was to hold funds that would be used to pay soldiers.^[11]

In addition, the Princeps dominated the religious institutions. His imperium gave him the rank of pontifex maximus, and entitled him to membership in each of the four major priesthoods. Therefore, he could appoint priests, control temples, and oversee the religious institutions.^[5] By dominating both the political and religious institutions, the Princeps became the true master of the state.

Republican executive magistrates under the empire

Under the empire, the citizens were divided into three classes. These three classes were the senatorial order, the equestrian order, and the plebeians. A distinct career path was available to any citizen who sought a career in public service. Each of the three classes had their own separate career path (which was known as the cursus honorum).^[12] The executive magistracies of the old republic were only available to citizens of the senatorial class. The executive magistracies that survived the fall of the republic were (by their order of rank per the cursus honorum) the consulship, praetorship, tribunate of the plebs, quaestorship, aedileship, and military tribunate.^[12]

An individual could only be of the senatorial class if they were the son of a senator. An individual who was of either the equestrian or plebeian class could only become a senator if the Princeps allowed them to stand for election to the quaestorship. If such an individual stood for election as quaestor, and won, they (and their sons) would become members of the senatorial class. Otherwise, an individual could be appointed to the senate by the Princeps. If an individual was appointed to the senate by the Princeps, they (and their sons) would become members of the senatorial class.

The office at the bottom of the cursus honorum was the quaestorship.^[12] Candidates for the quaestorship had to be at least twenty-four years old. After they served as quaestor, they had to wait for at least one year before they could seek election to a higher office. This next office would usually either be the tribunate of the plebs, or the aedileship.^[1]

After serving as plebeian tribune or aedile, an individual would have to wait for another year before they could seek election to a higher office. Usually, this next step would be the praetorship.^[1] Members of patrician families could seek election to the praetorship after serving as quaestor.^[1] They did not have to serve as plebeian tribune or aedile before standing for election to the praetorship. However, since one had to be at least thirty years old before they could run for the praetorship, these individuals had no advantage over individuals of plebeian ancestry. After an individual served as praetor, they would have to wait for another two years before they could seek election to the consulship. Thus, while it was not specifically mandated, candidates for the consulship would usually be at least thirty-three years old.^[1]

After a magistrate's term in office expired, they could run again for the same office almost immediately.^[1]

Consuls

During the transition from republic to empire, no office lost more power or prestige than the consulship. The substantive powers of republican consuls were transferred to the Princeps. In addition, one had to be nominated by the Princeps before they could run for any office. The result was a loss of the consul's independence, and thus of both his power and his prestige. In addition, the consuls would usually resign before the end of their term. This also had the effect of weakening the consuls. With weaker consuls, the senate itself became weakened. With a weaker senate, the Princeps became even more powerful.

Consular terms

Under the republic, the duration of a consular term was one year. Each consular term would begin on January 1, and end on December 31. Under the empire, the length of a consular term was technically not altered. However, consuls would usually abdicate their office before their term expired. This allowed new consuls to be 'elected', who would then finish out that particular term.^[13] Up until the death of the emperor Nero, consuls usually abdicated their office after six months. After Nero's death, however, the consuls began abdicating their office after only a couple of months.^[13]

The precedent of consular resignations probably began due to pressures exerted by the Princeps upon the consuls. If a magistrate did not retain favor with the Princeps, that particular Princeps might not nominate them for further office. Once this precedent was set, the precedent itself added further pressure on consuls to resign before the end of their term. This development caused the consuls, and thus the senate, to become even more servile to the Princeps.

Consular elections

One could only stand for election to the consulship upon being nominated by the Princeps. The consuls of the late republic were elected in July, took office on New Year’s Day, and left office on the last day of December. In contrast, imperial consuls were elected in the autumn before the year in which they would serve, and would take office on New Year’s Day. Whereas republican consuls needed time to prepare for office, imperial consuls (who had no real power) did not require as much time for preparation.

After consular resignations became common, elections would be held for replacements in early January.^[13] The first consuls to serve in a given year were called consules ordinarii. Their replacements during that year would be called consules suffecti.^[13]

Under the republic, each year would be named after the consuls of that year. For example, the year 205 BC was named The year of the consulship of Publius Cornelius Scipio Africanus and Publius Licinius Crassus. Under the empire, the years would be named after the consules ordinarii for that given year.^[13] Thus, the consules ordinarii probably had a certain level of prestige that the consules suffecti did not have.^[13]

Consular powers

After the fall of the republic, consuls held almost no real power. The authority (and thus the prestige) of the consulship became so degraded that the consuls became, in some respects, glorified aediles. Under the republic, aediles held such a low rank that they were never even given automatic membership in the senate. Imperial consuls could preside over the senate, could act as judges in certain criminal trials, and had control over public games and shows. In general, consular authority did not extend beyond the civil administration of Italy or the senatorial provinces.^[13]

Praetors

Julius Caesar had increased the number of praetors to sixteen.^[13] The emperor Augustus reduced this number to twelve. The number of praetors reached its maximum of eighteen under the emperor Claudius.^[14] The chief praetor in Rome, the praetor urbanus, outranked all other praetors. The second highest ranking praetor was the praetor peregrinus.

For a brief time, the praetors were given power over the treasury. The power of the praetors was at its apex, however, when they presided over the quaestio perpetua ("permanent jury courts").^[14]

The irrelevancy of the praetorship reached a new level when the emperor Hadrian issued a decree called the edictum perpetuum.^[14] This decree robbed the praetors of their authority to issue edicts. It also transferred most of their judicial powers to either the consuls or to district court judges.

Tribunes

Under the empire, the tribunes remained sacrosanct.^[15] In theory, they retained the power to summon (or to exercise a veto over) the senate and the assemblies.^[15]

The Princeps, who held tribunician powers, completely dominated the college of tribunes. Technically, any member of the college of tribunes could veto an act of any of his colleagues. However, no tribune would dare act against the wishes of a Princeps.

The tribune's power over the assemblies meant almost nothing, since the assemblies themselves had no real power. The only real influence that a tribune had came in the form of the occasional veto over the senate. The tribunes did also have the power to impose fines. In addition, tribunes retained the power of provocatio. Provocatio was a legal doctrine, which give tribunes the authority to intervene whenever a magistrate was about to impose a punishment on a citizen.^[15]

With the consolidation of power into the office of Princeps, however, the tribunes held almost no practical power.^[15]

Quaestors

When Augustus became Princeps, forty quaestors were elected each year. Augustus changed the law, so that only twenty quaestors would be elected each year.^[15] Augustus divided the college of quaestors into two divisions. One division would serve in the senatorial provinces. The other division would assist in the administration of the central government.^[16]

One quaestor was assigned to each senatorial province. Sicily was given a second quaestor. In total, twelve quaestors were assigned to the senatorial provinces. Of the remaining eight quaestors, two (the quaestores urbani) were given jurisdiction inside the city of Rome. Finally, the two consuls and the Princeps were each assigned two quaestors.^[16]

The quaestors who were assigned to the provinces (quaestores pro praetore) would manage funds given to the province by senate (or by the Princeps). In general, their functions were similar to the functions of provincial quaestors under the republic.

The two urban quaestors (quaestores urbani) had authority over the treasury in Rome. The treasury (aerarium Saturni) functioned as a depository for both state funds and official documents (such as the decrees of the senate). In 56 AD, the quaestors lost their authority over state funds, but retained their authority over official documents.

The two quaestors who served the Princeps would act as the personal secretaries of that Princeps. The four quaestors who served a consul would act as the direct subordinate of that consul.^[16]

Aediles

Julius Caesar had increased the number of aediles to six.^[15] Under Augustus, control over the grain supply was transferred from the aediles to a board of commissioners. They then lost the power to maintain order in the city. After they lost this power, they became powerless. The office disappeared during the middle of the third century.^[15]

Abolished offices

Mark Antony abolished the offices of dictator and master of the horse during his consulship in 44 BC. This occurred shortly after Julius Caesar's assassination. Caesar was assassinated, in part, because of his perceived abuses of the office of dictator.

The office of interrex was also abolished during the transition from republic to empire.^[1]

In 22 BC, Augustus appointed P. Aemilius Lepidus and L. Munatius Plancus to the censorship. The two censors began a census that year, but never completed it. Shortly thereafter, the office was abolished. The emperor Claudius attempted to revive the office by appointing himself and L. Vitellius censor in 47 AD.^[14] After Claudius, however, no further attempts were made to revive the office.

References

Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics (ISBN 0-543-92749-0).
Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23.
Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. London: Edmund Spettigue. Vol. 1.
Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).

Polybius (1823). The General History of Polybius: Translated from the Greek. By Mr. Hampton. Oxford: Printed by W. Baxter. Fifth Edition, Vol 2.
Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press (ISBN 0-472-08125-X).

Notes

^ ^a ^b ^c ^d ^e ^f ^g ^h Abbott, 375
^ Abbott, 342
^ Abbott, 341
^ Abbott, 344
^ ^a ^b Abbott, 345
^ ^a ^b ^c ^d ^e ^f ^g Abbott, 357
^ ^a ^b Abbott, 356
^ Abbott, 354
^ ^a ^b Abbott, 349
^ ^a ^b Abbott, 352
^ Abbott, 353
^ ^a ^b ^c Abbott, 374
^ ^a ^b ^c ^d ^e ^f ^g ^h Abbott, 376
^ ^a ^b ^c ^d Abbott, 377
^ ^a ^b ^c ^d ^e ^f ^g Abbott, 378
^ ^a ^b ^c Abbott, 379

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Roman Republic	History Constitution reforms of Sulla reforms of Caesar reforms of Augustus Senate Assemblies Magistrates
Roman Empire	History (post Diocletian) Constitution (post Diocletian) Senate Assemblies Magistrates
Miscellaneous	Conflict of the Orders Roman law Obligation