Constitution of the Roman Empire
From Wikipedia, the free encyclopedia
| Ancient Rome | |||
 This article is part of the series: |
|||
|
|
|||
| Periods | |||
|---|---|---|---|
| Roman Kingdom 753 BC – 509 BC Roman Republic |
|||
| Roman Constitution | |||
| Constitution of the Kingdom Constitution of the Republic |
|||
| Ordinary Magistrates | |||
|
|
|||
| Extraordinary Magistrates | |||
|
|
|||
| Titles and Honours | |||
Emperor
|
|||
| Precedent and Law | |||
|
|||
|
Other countries · Atlas Politics Portal |
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.
Contents |
[edit] 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.
[edit] Composition of the senate
The composition of the senate was not 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.
[edit] 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.[1] By the time that these revisions had been completed, the senate had been reduced to 600 members.
[edit] 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.[1]
If an individual was not 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.[1] Under the second method, the emperor would simply appoint the individual to the senate.[2]
[edit] 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.[2]
[edit] 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.[3]
[edit] 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.[4]
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.[4]
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.[4]
[edit] The enactment of bills
Most of the bills that were presented before the senate were presented by the emperor.[4] 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 did not vote against a bill that was presented by the emperor.[5]
Each emperor would select a quaestor for the role of ab actis senatus.[5] 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.[5]
[edit] Powers of the senate
During the transition from republic to empire, the senate's influence was reduced to that of an advisory council.[5] 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.[5] While its power theoretically increased, its actual authority decreased.[3]
[edit] 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.[3]
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.[3] 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.
[edit] 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.[6]
[edit] 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).[6]
The emperor Tiberius transferred all electoral powers from the assemblies to the senate.[6] 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.[6]
[edit] 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.[7] In addition, the electors were often willing to sell their votes to the highest bidder.
[edit] Comitia Curiata
After the fall of the republic, the Comitia Curiata no longer passed the lex curiata de imperio.[8] 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.[8]
[edit] 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.[8] The classification of centuries on the basis of property ownership continued as well.[8]
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).[8] Under the emperor Tiberius, all electoral powers that had been held by the Comitia Centuriata were transferred to the senate.[8]
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.[8] 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.
[edit] 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.[8] Tribal divisions also simplified the process by which grain was distributed.[8]
Any legislation that the emperor submitted to the assemblies for ratification would be submitted to the Comitia Tributa.[8]
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.[8] The renuntiatio served the same function in the Comitia Tributa as it served in the Comitia Centuriata.
[edit] Concilium Plebis
The Concilium Plebis did survive the fall of the republic.[8] 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.[8]
[edit] 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 did not 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.
[edit] 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 would grant his successor the legal powers (tribunician powers and proconsular imperium) that he would 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.
[edit] 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 was not subject to the constitutional restrictions of that office.[9] 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 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.[10]
[edit] 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.[11] This prestige derived from the populist history of the office.[12]
His tribunician powers gave the Princeps the legal standing to preside over (and thus to dominate) the assemblies and the senate.[11] 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.[12]
When a Princeps was vested with the tribunician powers, his office and his person became sacrosanct.[11] 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.[11]
[edit] 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.[13]
The Princeps had the power to issue an edicta, decreta, and a rescripta.[14] 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.[14]
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.[15] 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.[15] 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.[16]
The Princeps also had control over the religious institutions.[10] By dominating both the political and religious institutions, the Princeps became the true master of the state.
[edit] 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).[17] 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.[17]
[edit] 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.
_-_Foto_G._Dall'Orto_28-5-2006.jpg/300px-DSC04500i_Istanbul_-_Museo_archeol._-_Diocleziano_(284-205_d.C.)_-_Foto_G._Dall'Orto_28-5-2006.jpg)
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 did not extend beyond the civil administration of Italy or the senatorial provinces.[18]
[edit] 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").[19] The irrelevancy of the praetorship reached a new level when the emperor Hadrian issued a decree called the edictum perpetuum.[19] 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.
[edit] Tribunes
Under the empire, the tribunes remained sacrosanct.[20] In theory, they retained the power to summon (or to exercise a veto over) the senate and the assemblies.[20] 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.
[edit] 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.[21]
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.[21]
[edit] 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.[20]
[edit] 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.[22] The office of censor disappeared after the reign of the emperor Claudius.
[edit] See also
|
|
[edit] 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).
[edit] Notes
- ^ a b c Abbott, 381
- ^ a b Abbott, 382
- ^ a b c d Abbott, 385
- ^ a b c d Abbott, 383
- ^ a b c d e Abbott, 384
- ^ a b c d Abbott, 386
- ^ Abbott, 278
- ^ a b c d e f g h i j k l m Abbott, 397
- ^ Abbott, 344
- ^ a b Abbott, 345
- ^ a b c d Abbott, 357
- ^ a b Abbott, 356
- ^ Abbott, 354
- ^ a b Abbott, 349
- ^ a b Abbott, 352
- ^ Abbott, 353
- ^ a b Abbott, 374
- ^ Abbott, 376
- ^ a b Abbott, 377
- ^ a b c Abbott, 378
- ^ a b Abbott, 379
- ^ Abbott, 375
[edit] Further reading
- Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
- Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
- Mommsen, Theodor. Roman Constitutional Law. 1871-1888
- Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
- Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
- The Histories by Polybius
- Cambridge Ancient History, Volumes 9–13.
- A. Cameron, The Later Roman Empire, (Fontana Press, 1993).
- M. Crawford, The Roman Republic, (Fontana Press, 1978).
- E. S. Gruen, "The Last Generation of the Roman Republic" (U California Press, 1974)
- F. Millar, The Emperor in the Roman World, (Duckworth, 1977, 1992).
- A. Lintott, "The Constitution of the Roman Republic" (Oxford University Press, 1999)
[edit] Primary sources
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius
[edit] Secondary source material
- Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu
- The Roman Constitution to the Time of Cicero
- What a Terrorist Incident in Ancient Rome Can Teach Us
.png)
