Everything about Constitution Of The Roman Empire totally explained
During the years of the
Roman Empire, the
emperor was the center of the
Roman Constitution. From the reign of the emperor
Augustus, until the reign of the emperor
Diocletian, the emperor was formally called the
Princeps ("first citizen"). The word
Princeps was used by Augustus to give his autocratic rule an aura of constitutionalism. While Augustus had set the precedent, his successors would emulate his example. Thus, modern historians have called this period (from 27 BC until 284 AD) the "
Principate". The "Principate" was the first of the two eras of the Roman Empire. The second era, the "
Dominate" (see
Constitution of the Late Roman Empire) began with Diocletian in 284. The period of the "Dominate" would last until the fall of the
Western Roman Empire in 476.
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). Thus, the founding of the empire was tantamount to a restoration of the old monarchy.
Augustus had established a system where, theoreticaly, power was shared between two co-equal branches of government. These two branches were the
Princeps and the senate. Since this was always illusionary, the reality of monarchy became increasingly clear in the decades after Augustus' death.
Over time, the senate became increasingly servile to the
Princeps. As such, membership in the senate became sought after by individuals seeking prestige and social standing, rather than actual authority. While the
legislative assemblies did continue to function long after the fall of the republic, they quickly became powerless. Their only political value was in the fact that they could be used to legitimize the decrees of the
Princeps.
The Senate
While the senate of the early empire held a greater range of powers than did the senate of the late republic, its actual authority was ceded to the emperor. In practice, the actual authority of the imperial senate was negligible.
During the reigns of the first emperors, legislative, judicial, and electoral powers were all transferred from the legislative assemblies to the senate. Thus, all constitutional powers were now held by the senate. However, the control that the emperor had over the senate was absolute. Therefore, the senate acted as a vehicle through which the emperor would exercise his autocratic powers.
Composition of the senate
The
composition of the senate wasn't drastically altered during the transition from republic to empire. There was, however, a decrease in its size. As it was under the republic, election to a magisterial office usually resulted in senate membership. In addition, greater measures were taken to account for membership in the imperial senate.
Size of the senate
The emperor Augustus inherited a senate whose membership had been increased to 900 senators by his predecessor,
Julius Caesar. Augustus sought to
reduce the size of the senate. Augustus revised the list of senators three times. By the time that these revisions had been completed, the senate had been reduced to 600 members.
Appointment to the senate
Augustus then reformed the rules which specified how an individual
could become a senator. These reforms were intended to make the senate more aristocratic. Under the empire, as was the case during the late republic, one would become a senator upon their election to the quaestorship. Under the empire, however, one could only stand for election to the quaestorship (or to any other magisterial office) if one was of senatorial rank. To be of senatorial rank, one had to be the son of a senator.
If an individual wasn't of senatorial rank, there were two ways for that individual to become a senator. Under the first method, the emperor would grant that individual the authority to stand for election to the quaestorship. Under the second method, the emperor would simply appoint the individual to the senate.
Listing of senators
Beginning in 9 BC, an official
list of senators was maintained. This list, the
album senatorium, was revised each year. In drafting the
album senatorium for a given year, the list would have to be updated to reflect the senate's current membership.
Procedure of the senate
After the fall of the republic, the most significant change in the
nature of the senate derived from the role of the emperor as its presiding officer. The power of the emperor over the senate was absolute.
Senate meetings
Senators of the early empire had the same rights as did senators of the late republic. Senators could ask extraneous questions, or request that a certain action be taken by the senate. Higher ranking senators would speak before lower ranking senators. The emperor, however, could speak at any time.
Most
senate meetings were presided over by the emperor. In addition, the emperor held a level of authority and prestige that robbed all magistrates of their independence. During senate meetings, the emperor would sit between the two consuls.
The senate would ordinarily meet in the
curia Julia. Scheduled meetings would be held on the kalends (the first day of the
month), and then again on the
ides (around the fifteenth day of the month).
Under Augustus, a quorum was set at 400 senators. As the senate increasingly became subordinated to the emperor, absenteeism increasingly became a problem. Eventually, the quorum rules were relaxed.
The enactment of bills
Most of the bills that were
presented before the senate were presented by the emperor. The emperor would usually appoint a committee to draft each bill. Since no senator could stand for election to a magisterial office without the emperor's approval, senators usually didn't vote against a bill that was presented by the emperor.
Each emperor would select a quaestor for the role of
ab actis senatus. This quaestor would compile the proceedings of the senate into a document called the
acta senatus. Selected extracts from the
acta senatus would be published in the
acta diurna ("daily doings"), and distributed to the public.
Powers of the senate
During the transition from republic to empire, the
senate's influence was reduced to that of an advisory council. After the transition from republic to empire had been completed, however, the senate's influence grew substantially. During the transition from republic to empire, the senate was granted legislative, judicial, and electoral powers. While its power theoretically increased, its actual authority decreased.
Legislative powers of the senate
While the legislative assemblies still existed after the founding of the empire, they were quickly neutered. Realizing that the assemblies were too dysfunctional and corrupt to salvage, the first emperors transferred all
legislative powers to the senate. After this transfer, the
senatus consulta had the full force of law.
Legislatively, the senate of the early empire was most concerned with the financial and civil administration of Rome. It also had a significant amount of authority over the senatorial provinces. If it received authorization from the emperor, the senate could enact new tax laws. The senate could also regulate festivals, and could grant special honors.
Judicial powers of the senate
During the early empire, all
judicial powers that had been held by the legislative assemblies were transferred to the senate. Each senatorial province had a court, and the decisions of those provincial courts could be appealed to the senate. Such cases could only be appealed to the senate, however, upon the recommendation of a consul.
Electoral powers of the senate
The senate often elected new emperors. The senate would confer upon the new emperor his
imperium (his constitutional authority to be emperor).
The emperor Tiberius transferred all
electoral powers from the assemblies to the senate. While only the senate could elect new magistrates, the approval of the emperor was needed before any individual could seek election to a magisterial office.
The Legislative Assemblies
During the reign of the second emperor, Tiberius, the powers that had been held by the legislative assemblies (the
comitia) were transferred to the senate. The neutering of the
comitia had become inevitable due to their decadence. The
comitia were decedent for reasons beyond the fact that they were composed of the rabble of Rome. The electors in each of the
comitia were ignorant as to the merits of the important questions that were laid before them. In addition, the electors were often willing to sell their votes to the highest bidder.
Comitia Curiata
After the fall of the republic, the
Comitia Curiata no longer passed the
lex curiata de imperio. This power was transferred to the senate. After the founding of the empire, this assembly continued to consist of thirty lictors. The only two functions of the imperial Comitia Curiata were to witness wills and to ratify adoptions.
Comitia Centuriata
Under the empire, soldiers continued to organize by centuries. However, after the fall of the republic, the centuries lost all of their relevance. The division of the
Comitia Centuriata into centuries of
seniores (senior soldiers) and
iuniores (junior soldiers) continued well into the empire. The classification of centuries on the basis of property ownership continued as well.
Legislation was never submitted to the imperial Comitia Centuriata. After the founding of the empire, all judicial powers that had been held by the republican Comitia Centuriata were transferred to independent jury courts (
quaestiones). Under the emperor Tiberius, all electoral powers that had been held by the Comitia Centuriata were transferred to the senate.
After the Comitia Centuriata lost its legislative, judicial, and electoral powers, it had no remaining authority. Now, its only function was to hear the
renuntiatio. The
renuntiatio was heard after the senate had 'elected' the magistrates. It was a ceremony in which the results of the election were read to the electors. The
renuntiatio allowed the emperor to claim that the magistrates had been elected by a sovereign people.
Comitia Tributa
After the founding of the empire, the tribal divisions of citizens and freedmen continued. The only political purpose of the tribal divisions was such that they better enabled the senate to maintain a list of citizens. Tribal divisions also simplified the process by which grain was distributed.
Any legislation that the emperor submitted to the assemblies for ratification would be submitted to the
Comitia Tributa.
Under the emperor Tiberius, the electoral powers of the Comitia Tributa were transferred to the senate. Each year, after the senate had elected the annual magistrates, the Comitia Tributa would hear the
renuntiatio. The
renuntiatio served the same function in the Comitia Tributa as it served in the Comitia Centuriata.
Concilium Plebis
The
Concilium Plebis did survive the fall of the republic. The Concilium Plebis, however, lost its legislative, judicial and electoral powers to the senate. By virtue of his tribunician powers, the emperor always had absolute control over the Concilius Plebis.
The Executive Magistrates
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 didn't exist in its modern form until
Charlemagne was crowned "emperor" in the 8th century. A more appropriate term to use when referring to the early emperors would be that of
Princeps. The term, under this usage, simply means "first citizen".
Under the empire, most of the old republican magistracies continued to exist. However, they quickly became powerless.
The Princeps
Theoretically, the senate would
elect each new
Princeps. In practice, however, each sitting
Princeps would appoint his own successor. Before his death, he'd grant his successor the legal powers (tribunician powers and proconsular
imperium) that he'd theoreticaly need to be named
Princeps. After the death of that particular
Princeps, it would be up to the army to either ratify or to reject that appointment. If an individual had the support of the army, the senate would acquiesce under the vestiges of an independent election.
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. However, since the
Princeps was (often) not a consul, he wasn't subject to the constitutional restrictions of that office. For example, he wasn't required to observe
collegiality (since he'd no colleague), and he couldn't have his actions
vetoed.
His proconsular
imperium gave him command of, and authority over, all the proconsuls. Since the proconsuls commanded the challenging provinces, most of the Roman army existed in those provinces. Thus, by commanding the proconsuls, the
Princeps acquired command over most of the Roman army.
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.
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. This prestige derived from the populist history of the office.
His tribunician powers gave the
Princeps the legal standing to preside over (and thus to dominate) the assemblies and the senate. His tribunician powers also 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.
When a
Princeps was vested with the tribunician powers, his office and his person became sacrosanct. 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.
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), and conduct a
census. With control over the census, the
Princeps had unchallenged control over senate membership.
The
Princeps had the power to issue an
edicta,
decreta, and a
rescripta.
Edicta usually addressed matters associated with the army, the treasury, or the food supply. The
decreta were judicial decisions. The
rescripta were issued in response to important questions asked by private citizens.
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. 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. Since the
Princeps controlled this treasury, he was technically not violating tradition (as he'd if he'd 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.
The
Princeps also had control over the religious institutions. 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). 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.
Consuls
During the transition from republic to empire, 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.
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. 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 didn't extend beyond the civil administration of Italy or the senatorial provinces.
Praetors
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"). The irrelevancy of the praetorship reached a new level when the emperor
Hadrian issued a decree called the
edictum perpetuum. 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. In theory, they retained the power to summon (or to exercise a veto over) the senate and the assemblies. 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.
Quaestors
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.
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.
Aediles
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.
Abolished offices
Mark Antony abolished the offices of
dictator and
master of the horse during his consulship in 44 BC. The office of
interrex was also abolished during the transition from republic to empire. The office of censor disappeared after the reign of the emperor Claudius.
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