During the Roman Monarchy, the king was the sole magistrate. He was assisted by two questors whom he appointed, as well as other assistants for various tasks. When he died, an interrex (interregnum) presided over the Senate and assemblies until the selection of a new king. Under the Republic, the executive branch was composed of both ordinary and extraordinary magistrates. Each ordinary magistrate was elected by one of the two main assemblies. The primary extraordinary magistrate, the dictator, was appointed with the approval of the Senate.
Imperialium, or “supreme command” in Latin, was held by the consuls and praetors, the two highest-ranking ordinary magistrates. Imperium authorized a magistrate to command military forces. Consuls held a higher level of imperium than praetors. After the fall of the Republic, the old republican magistracies (dictatorship, consulship, praetorship, censorship, aedileship, quaestorship, and tribunate) were partially abandoned, with the remaining ones losing all power. The emperor became the master of the state. The advent of the Empire was equivalent to the restoration of the ancient monarchy. The emperor held undisputed power, the Senate became a mere advisor without authority, and the assemblies were completely powerless.
Magistrates of the Roman Monarchy
During the Roman Monarchy, the king was the sole magistrate. His authority was absolute in reality. The king could have several assistants. In the event of a monarch’s demise, an interrex was designated to oversee the process of choosing a successor.
The King of Rome
The king combined executive, religious, judicial, and legislative powers. He was also the sole commander-in-chief of the armies. The king of Rome was technically elected by the people of Rome. Nevertheless, in practice, it was the Senate that actually held the power to elect a new king. The interregnum was the time that elapsed after a monarch died and before his successor was elected. At this time, the Senate selected an interrex.
Following this, the interrex nominated a potential heir (claimant) to the throne, who would then be put to a vote in the Senate. If the Senate voted in favor of the claimant, they would stand for the official elections, that is, the vote of the people through the comitia curiata (popular assembly). After the claimant was elected by the comitia curiata, the Senate ratified the election using its auctoritas patrum. The interrex then declared the claimant as the new king.
The new king would then take the auspices and be invested with imperium by the application of the lex curiata de imperio by the comitia curiata. According to Sallust, the imperium possessed by the king (resulting from the application of the lex curiata de imperio by the comitia curiata) is known as the imperium legitimum.
This probably means that the only limit imposed on the king was to respect the mos maiorum. In practice, this did not impose any real restrictions on power. Sometimes, the king accepted restrictions on his power. Typically, the king would want a declaration of war to be ratified by the comitia curiata before engaging. Such ratification was not necessary but ensured the king the support of the people (who would fight in that war).
King’s Assistants
Several officers could be chosen to assist the king. When the king left the city, a substitute (the praefectus urbi or “prefect of the city”) governed the city in the absence of the king. The king also had two questors (quaestores parricidii) as general assistants. Several magistrates, known as duumviri perduellionis, assisted the king in cases of treason. During a war, the king occasionally delegated command of the cavalry to the tribunus celerum.
Interrex
When the king (from the Latin rex) died, his powers were transferred to the Senate. The period following the king’s death, ending with the election of his successor, is called the interregnum. When an interregnum began, an interrex was appointed. It is unclear how each interregnum’s initial interrex was selected.
It is known, however, that every interrex had a five-day grace period during which they were required to step down and assign a replacement until a king was chosen. The interrex and king were identical except for the time each held power. Equal to the king’s authority was the interrex. While its primary function was to ease the handover of power from one monarch to another, the interrex’s influence extended well beyond this.
Roman Republic Magistrates
There was a certain level of authority (maior potestas, “greater powers”) that all Roman magistrates (magistratus) had since they were each given a set amount of power. Dictators had more authority than any other magistrate. No magistrate could use their veto power to overturn the decision of a lower-ranking magistrate. As a result, the judgments made by the Senate or the assembly could not be overturned by any magistrate.
As the tribunes of the plebs and plebeian aediles were not strictly speaking magistrates, they were not subject to the distribution of “greater powers.” In general, this made them independent of other magistrates. For example, this is why their actions could not be blocked by the consuls’ veto. Tribunes did not rely on their powers to obstruct magistrates, comitia, and the Senate through a veto but rather on the sacrosanctity of their person (intercessio). If a magistrate, assembly, or the Senate did not comply with a tribune’s orders, the tribune could, through the use of intercessio, block that particular action. Any aggression against a tribune was considered a capital offense.
Each ordinary magistrate could obstruct (veto) an action taken by a magistrate of equal or lower rank. If this obstruction occurred between two magistrates with the same powers (like two praetors), it was then called par potestas. This form of obstruction was not a veto per se but rather straightforward opposition. To prevent this, magistrates used the principle of alternation, allocating responsibilities by lot or seniority, or assigning certain magistrates control (provinciae) over specific functions. For instance, each consul held the fasces for one month and then handed them over to their colleague the following month, and so on.
If this obstruction occurred against a magistrate with less power (such as a consul acting against a praetor), it was then called intercessio. In this case, the magistrate opposed their superior power (maior potestas) to nullify the acts of a lower-ranking magistrate.
Powers of Magistrates
Each republican magistrate held certain constitutional powers (potestas), including imperium, coercitio, and auspicia (religious powers). These powers were balanced by several constitutional constraints, including collegiality (collega), the citizens’ right to appeal to the people (provocatio), and a constitutional division of powers (provincia). Only the people of Rome (plebeians and patricians) had the right to confer these powers upon a magistrate.
The most crucial of the constitutional powers was the imperium. It was held by both consuls and praetors. Defined in a restricted manner, it simply gave a magistrate the necessary authority to command a military force. More broadly, it bestowed upon the magistrate the constitutional authority to command in military, diplomatic, civil, or other domains. The magistrate’s imperium was at its maximum when they were abroad. While a magistrate was physically present in the city of Rome, they might have to completely relinquish their imperium.
All magistrates possessed the power of coercitio, used to maintain public order, though in Rome, all citizens enjoyed absolute protection against coercitio. This protection ensured the right to appeal to the people (provocatio). Provocatio required appealing to a tribune. As no tribune could retain their powers outside the city of Rome, the power of coercitio was absolute beyond the city’s borders.
Magistrates had both the power and duty to interpret omens (auspicia). An omen was an event understood as a sign sent by the gods. Auspices could be used to obstruct political adversaries. By declaring having witnessed an omen, a magistrate could justify their decision to end a legislative assembly or Senate meeting or their decision to veto a colleague.
Limits on the Magistrate’s Powers
Roman magistrates faced some restrictions on their powers. Three of these restrictions were collega, provocatio, and provincia. As long as a magistrate was in the city of Rome, collega and provocatio were at their maximum. While the magistrate was outside, provincia was the primary restriction on their power. Their powers were also limited by the duration of their term (usually one year). One of these restrictions was collegiality (collega). Each magistracy was concurrently held by at least two individuals to minimize the risks of tyranny and facilitate successions. For instance, consuls always governed in pairs.
Another restriction was provocatio, a precursor to the modern principle of habeas corpus. Every Roman citizen had an absolute right to provocatio. If a magistrate attempted to use their powers against a citizen (for example, to punish a citizen for a presumed crime), the citizen could appeal to the people (provoco ad populum). In this case, a tribune intervened with the power to assist the citizen. Often, the tribune brought the case of justice before a legislative assembly, a tribunal, or the college of tribunes to render the final verdict. Provocatio was used to control the coercive power (coercitio) of magistrates.
Provincia served as an additional check on the power of magistrates. Provincia compelled the division of responsibilities. For example, provincial governors each had supreme power over their province. Following the provincia principle, these governors couldn’t bring their army into another province. Once the annual mandate of a magistrate expired, they had to wait ten years before running again for the same magistracy. As this posed challenges for some magistrates, especially consuls and praetors, their imperium could be occasionally “prorogued.” They then held the same powers (as promagistrates) without officially occupying the magistracy. In practice, they acted as provincial governors.
Magistrates
By definition, a magistrate (magistratus) was an individual elected by the people of Rome (populus Romanus). In this capacity, they were considered representatives of the entire Roman people. Each magistrate acquired a degree of power (maior potestas).
Consuls
The consul of the Roman Republic was the highest among ordinary magistrates. The supreme power of the consul resulted in no ordinary magistrate holding a higher rank of maior potestas than the consul (other than the censor, who lacks imperium). The major potestas of the consul were illustrated by twelve lictors accompanying each consul. Each of them carried a ceremonial axe known as fasces, symbolizing the state’s power to punish and execute.
The consuls were elected by the centuriate assemblies. The consular mandate lasted for one year, and each consul always had another consul as a colleague. Over the years, one of the consuls became superior to their colleague. This surplus of power was exchanged monthly between the two consuls. The one with the most power for a given month held the fasces. After completing their mandate, a consul had to wait ten years before running for the consulship again.
The consuls held supreme power in both civil and military matters. In Rome, the consul holding the fasces was, in fact, at the helm of the Roman government. The governance of the government ultimately fell under the authority of this consul. They were then tasked with enforcing the laws enacted by the assemblies and the Senate, which they presided over.
The consul also served as the head of diplomacy and facilitated exchanges between foreign embassies and the Senate. The consul was invested with the highest level of ordinary imperium. While abroad, each consul commanded an army. At that time, neither the Senate, nor the assemblies, nor the tribunes could oppose them. Thus, their authority abroad was nearly absolute. The first consul appointed after the expulsion of Tarquin the Proud, the last king of Rome, was Lucius Junius Brutus, a nephew of Tarquin.
Praetors
The praetors administered civil laws and commanded provincial armies. They were elected by the centuriate assemblies for an annual mandate, similar to the consuls. When both consuls were outside Rome, the urban praetor governed the city as an “interim consul.” Some praetors (praetor urbanus) assisted in the management of the central government. They could administer civil laws or act as judges in the courts. Other praetors had responsibilities in foreign affairs, often serving as governors of provinces.
Censors
Every five years (a lustrum), two censors were elected by the centuriate assembly for a term of eighteen months. Following their election, the centuriate assembly granted them censorial powers (by voting on the lex potestate de censoria). The censors did not hold imperium and therefore could not summon either the Senate or any legislative assembly.
Despite having curule seats, they did not possess fasces and were not accompanied by lictors. While theoretically holding a higher rank than the consuls (and thus higher than all ordinary magistracies), their decisions could only be blocked by the veto of another censor or a tribune. Generally, the censors did not act together, but one censor needed the agreement of their colleague to downgrade a citizen’s status during the census.
During their tenure in the censorship, they conducted a census, allowing them to admit citizens to the Senate or expel them. They had to update the list of citizens and their assets in the city, requiring them to be familiar with certain details of their lives. These inquiries sometimes led the censors to take action against a citizen for various moral offenses, such as bankruptcy and cowardice. As a penalty (“censure”), the censor could impose a fine on the citizen or sell their property.
Once the census was completed, the censor conducted a religious ceremony, the lustrum, validating the result of the census.
Aediles
Aediles were magistrates responsible for domestic affairs in Rome. The tribal assembly, under the presidency of a consul, elected two curule aediles for an annual term. Although curule aediles did not hold fasces, they occupied a curule seat. They had broad powers concerning daily affairs in the city of Rome. They managed markets, spectacles, and games. They also took care of the maintenance of buildings such as temples, aqueducts, and sewers.
Questors
The magistracy of questor is considered the lowest-ranking. Questors were elected by the tribal assemblies for an annual term. They assisted the consuls in Rome and the governors of provinces, with their duties often being of a financial nature.
Tribunes and Plebeian Aediles
As tribunes and plebeian aediles were elected only by the plebeians, rather than by the entire Roman populace, they were not technically magistrates. They were elected by the plebeian council. Initially, the sole task of a plebeian aedile was to assist the tribune. Nevertheless, over the years, the distinction between plebeian aediles and curule aediles disappeared.
Since tribunes were considered the embodiment of the plebeians, they were sacrosanct. Their sacrosanctity was reinforced by the plebeians’ vow to kill anyone who harmed the tribune during their term. All the powers of the tribunes derived from this sacrosanct status. An obvious consequence was that it was considered a capital offense to assault a tribune, ignore their veto, or thwart their actions. Being independent of all other magistrates, their actions could only be blocked by the veto of other tribunes.
The sacrosanctity of the tribune (as well as all tribunician powers) only took effect as long as the tribune remained in Rome. If the tribune left Rome, the plebeians could no longer enforce their oath. The Tribunes had the authority to uphold the right of provocatio. It was a theoretical guarantee of legal security and a precursor to our own habeas corpus.
If a magistrate threatened to take action against a citizen, the citizen could cry provoco ad populum. This had the effect of appealing to a tribune from the magistrate’s decision. The tribune then had to assess the situation and give approval to the magistrate before they could act. Any action taken despite a valid provocatio was considered an illegal act.
The tribunes could use their sacrosanctity when someone physically mistreated an individual (such as during an arrest) and order the imposition of the death penalty against an individual who obstructed their path. Additionally, tribunes could physically intervene (intercessio) against a magistrate, the Senate, or an assembly, this action having the same effect as a veto.
If a magistrate, the Senate, or an assembly refused to respect a tribune’s veto, the tribune could use their sacrosanctity as protection and physically force them to comply. Moreover, the tribunes presided over the plebeian council. Therefore, they were authorized to open and close sessions, as well as introduce matters before the council.
Dictators and Senatus Consultum Ultimum
In times of war, during critical circumstances for the Roman Republic, a dictator was appointed for six months. The government was dissolved after the Senate enacted a senatus consultum ultimum, authorizing the consuls to appoint a dictator, who then became the absolute master of the state for a maximum of six months. They assumed power immediately and appointed a master of the cavalry (magister equitum) to act as their chief lieutenant. Often, the dictator stepped down as soon as the issue justifying their appointment was resolved, thereby restoring the government to its pre-arrival state.
The last conventional dictator was appointed in 202 BCE. After this date, cases of extreme urgency were managed through the passage of a senatus consultum ultimum, which suspended civilian government and instituted martial law (or something analogous). Indeed, this invested the consuls with dictatorial powers.
There were several reasons why the Senate began to use the senatus consultum ultimum rather than appointing a dictator in cases of extreme urgency after 202 BCE. During the 3rd century BCE, a series of laws were ratified, allowing the control of dictatorial power. In addition, the aristocracy lost their monopoly on appointing dictators when a statute was passed in 217 BCE that granted this authority to the popular assemblies.
Summary
| Magistracy | Curule seat and pretext toga | Imperium | Designated by | Auspice | Type of Judiciary |
|---|---|---|---|---|---|
| Dictator | Yes | Yes | Consul | Major Auspices | Extraordinary |
| Magister Equitum | Yes | Yes | Dictator | Major Auspices | Extraordinary |
| Consul | Yes | Yes | Comitia Centuriates | Major Auspices | Ordinary |
| Censor | Yes | No | Comitia Centuriates | Major Auspices | Ordinary |
| Praetor | Yes | Yes | Comitia Centuriates | Major Auspices | Ordinary |
| Curule Aediles | Yes | No | Comices tributes | Auspice Minor | Ordinary |
| Plebeian Aedile | No | No | Comices tributes | – | Ordinary |
| Quaestor | No | No | Comices tributes | Auspice Minor | Ordinary |
| Tribune of the Plebs | No | No | Comices tributes | – | Ordinary |
| Interrex | Yes | Yes | Senate | Major Auspices | Extraordinary |
Magistrates of the Roman Empire
A distinction needed to be made between the title “princeps” and that of “emperor.” While the term “emperor” derived from the honorary title of “imperator,” the word itself only appeared in its modern form when Charlemagne was crowned “emperor” in the 8th century. The most appropriate term for referring to the early emperors would be “princeps.” This term simply meant “the first citizen.”
Under the Empire, most of the old republican magistracies continued to exist. Nevertheless, they quickly became powerless.
Emperor (Princeps)
Theoretically, the Senate elected each new emperor. In practice, however, each emperor appointed his own successor. After his death, he granted his legal powers to his successor (tribunician powers and proconsular imperium), theoretically necessary for being named emperor. After the emperor’s death, it was up to the army to ratify or reject his choice. If an individual had the support of the army, the Senate would acquiesce under the guise of an independent election.
The legal basis for the emperor’s power rested on his proconsular imperium and tribunician powers. His proconsular imperium gave him the authority to command the entire Roman army. His tribunician powers provided him with complete control over the civil apparatus in Rome and made his magistracy and person sacrosanct.
Consular and Proconsular Powers
Under his proconsular imperium (imperium proconsulare), the emperor held the same rank of imperium as the consuls. This granted him the same degree of authority held by the consuls. However, as the emperor was (almost) never a consul, he was not bound by the constitutional restrictions of that magistracy. For example, he was not required to observe collegiality (having no colleague), and his acts could not be blocked by a veto.
His proconsular imperium gave him command and authority over all the proconsuls. Since the proconsuls commanded each province, most of the Roman army was stationed there. Thus, by commanding the proconsuls, the emperor acquired control over almost the entire Roman army. Finally, the imperium rank granted to the emperor included powers that, under the Republic, were reserved for the Senate and the assemblies. This encompassed the right to declare war, ratify treaties, and negotiate with foreign nations.
Tribunician Powers
While the proconsular imperium gave the emperor authority over the Roman military apparatus, his tribunician powers (potestas tribunicia) bestowed powers over the Roman civil apparatus. Perhaps the most useful aspect of the tribunician powers was their prestige, derived from the popular history of this magistracy (the tribunate). His tribunician powers granted the emperor the legal rank to preside over (and thus dominate) the assemblies and the Senate.
They also gave him the right to veto any acts of the popular assemblies and the Senate. However, the assemblies quickly lost their powers, and obstruction from the Senate against the emperor was unlikely. When an emperor was invested with tribunician powers, his magistracy and person became sacrosanct. It was a capital offense to harm (or even attempt to harm) the emperor. It was also a capital offense (punishable by death) to obstruct the emperor or speak ill of him.
Additional Powers
The emperor had the authority to perform duties that, under the Republic, were reserved for the censors, notably the collection of taxes and the right to grant public subsidies. He could also control public morality (censorship) and conduct a census. With control over the census, the emperor had absolute control over the admission of members to the Senate. He had the power to issue edicta (“edicts”), decreta (“decrees”), and rescripta (“rescripts”). Edicta generally concerned matters related to the army, the treasury, or supplies. Decreta were judicial decisions. Rescripta were published in response to important questions posed by private citizens.
During the Republic, the aerarium Saturni (Public Treasury of the Temple of Saturn) housed the state’s treasury, with control vested solely in the Senate. In the early principate, the Senate retained control over the aerarium Saturni for a while but gradually lost it. Emperor Augustus established two new treasuries, namely, the fiscus Caesaris and the aerarium militare.
The fiscus Caesaris replaced the aerarium Saturni, emerging as Rome’s primary treasury. Even though the emperor now controlled the public treasury, he technically did not violate tradition by outright taking control of the aerarium Saturni. The aerarium militare held lesser significance, primarily serving to contain funds for soldier payments. The emperor also wielded control over religious institutions. By dominating both political and religious institutions, the emperor became the true master of the State.
Republican Magistracies under the Empire
Under the Empire, citizens were divided into three classes: the senatorial order, the equestrian order, and the plebeians. Each citizen could pursue a career in public service, and each of these three classes had separate career opportunities known as the cursus honorum. Magistracies in the old republic were only open to citizens of the senatorial class. The surviving executive magistracies after the fall of the Republic (in order of the cursus honorum) included the consulship, the praetorship, the tribunate of the plebs, the quaestorship, the aedileship, and the military tribunate.
Consuls
During the transition from the Republic to the Empire, the essential powers of republican consuls shifted to the emperor. Moreover, one had to be appointed by the emperor before running for any magistracy. This resulted in the loss of independence for consuls, diminishing both their powers and prestige. Furthermore, under the Empire, consuls often resigned before completing their terms, further weakening the consulship. With weakened consuls, the Senate itself lost influence, and the emperor gained increasing power.
After the fall of the Republic, the consuls held no real power. The authority (as well as the prestige) of the consulship declined, and the consuls became, in a sense, high-ranking magistrates. The imperial consuls presided over the Senate, acted as judges in certain criminal cases, and controlled public games and demonstrations. Generally, consular authority did not extend beyond the civil administration of Italy or senatorial provinces.
Praetors
For a brief period, the praetors had control over the treasury. The power of the praetors was at its height when they also presided over the quaestiones perpetuae (“permanent legal inquiries”). The significance of the praetorship collapsed when Emperor Hadrian issued a decree called the edictum perpetuum. This decree deprived the praetorship of its right to issue edicts and transferred most judicial powers to the consuls or judges of provincial courts.
Tribunes
Under the Empire, the tribunes remained sacrosanct. In theory, they retained the power to convene (or exercise their veto rights on) the Senate and assemblies. The tribunes’ powers over the assemblies became meaningless since the assemblies themselves no longer had real powers. The only real influence of the tribunes was their ability to veto a senatorial decision. Tribunes also had the power to impose fines and retained their power of provocatio.
Quaestors
Augustus divided the college of quaestors into two parts. One part served in senatorial provinces, while the other part assisted in the administration of the central government. One quaestor was assigned to each senatorial province, except Sicily, which had two, making a total of twelve quaestors.
For the remaining eight quaestors, two served in the internal jurisdiction of the city of Rome (the quaestores urbani). Finally, the two consuls and the emperor each had two quaestors assigned to them. During the reign of Augustus, control over grain supply shifted from the édiles to a special council. Subsequently, they lost their remaining powers, including the ability to maintain order in the city, rendering this magistracy powerless, and it disappeared around the middle of the 3rd century.
Magistracies Abolished
During his consulship in 44 BC, Mark Antony abolished the extraordinary magistracies of dictator and Magister Equitum (Master of the Cavalry). The magistracy of interrex was also eliminated during the transition from the Republic to the Empire. Censorship disappeared permanently after the reign of Emperor Claudius.
Executive Magistrates of the Late Roman Empire
The executive magistracies had hardly more powers than municipal offices after Diocletian became emperor. His reforms merely formalized what was already happening. Consuls could only preside over the Senate. The praetors and quaestors could only organize public games. The praetor still retained some limited judicial authority. Other magistracies disappeared.
The first two consuls of a year, the consules ordinarii, were appointed by the emperor. The term of the consules ordinarii ended on April 21. All other consuls of the year (having less prestige, the consules suffecti) were elected by the Senate, which also elected the praetors and quaestors. However, the approval of the emperor was necessary for the election to be certified.
