Constitutional Reforms of Augustus
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The Constitutional Reforms of Augustus were a series of laws that were enacted by the Roman Emperor Augustus between 30 BC and 2 BC, which transformed the Constitution of the Roman Republic into the Constitution of the Roman Empire. The era that began when Augustus (then "Octavian") defeated Mark Antony and Cleopatra in the final war of the Roman Republic in 30 BC, and ended when the Roman Senate granted Augustus the title "Pater Patriae" in 2 BC.
The constitution of the Roman Republic was a mostly unwritten constitution which developed organically from the Republic's founding in 509 BC. Significant emphasis was placed on custom, the mos maiorum ("ways of the elders"), in managing of Rome's affairs. The most important institutions within the Republican framework were the Consuls, the Tribunes, the Provincial Governors, and the Senate.
- Consuls - Two Consuls were elected each year (serving one-year terms) to serve as the chief executives over the Republican government. The Consuls commanded the Republic's military forces, could convene the Senate and lay business before it, could convene any of the Republic's legislative assemblies and lay business before them, and conducted the Republic's foreign relations with other polities. Over time, the Consuls' domestic functions were graduatelly shifted to other officials (the Praetors assumed the judicial functions and the Aediles assumed the administrative tasks), resulting in the Consuls serving primarily as military figures. Their imperium (military authority) placed all military governors under their command. While their military authority was limited within the city of Rome itself, outside its boundaries their powers were absolute. To prevent corruption in office, each Consul held the power to veto his colleague, with the negative always defeating the affirmative. After a year in office, former Consuls would be assigned by the Senate to serve as a governor (Proconsul) of one of the Republic's provinces.
- Tribunes - The office of Tribune was established in the 5th century BC as a method of the Plebeians of checking the Patrician-dominated government of the day. Following the ending of the Conflict of the Orders, the Tribune represented the interests of the individual citizens against those of the state. Ten Tribunes were elected each year to serve one-year terms, and only Plebeians were allowed to hold the office. The Tribunes' powers were based on the sacrosanctity of his person, which prevented him being arrested and made phyically injured to him a capital offense. The Tribunes had the power to convene the Senate and lay business before it, to convene the Plebeian Council and lay business before, to veto the actions of any Republican magistrate or institution, and to inflict summary punishment upon any person who did not recognize his veto. If any magistrate (including either Consul) was threatening to take action against a citizen, the citizen could appeal the magistrate's decision to a Tribune for review. The Tribune's powers, however, were only valid within the city of Rome itself.
- Provincial Governors - The governors were the chief administrator of the Republic's many provinces. The governor's chief duties included collecting taxes, hearing cases and administering justice, and ensuring security as a military commander. The Senate would select governors by extending the terms of ex-magistrates and a determine their provinces through their advice. Though nominally subject to the higher authority of the reigning Consuls and to the direction of the Senate, the governors, in practice, were largely autonomous.
- Senate - The Senate was a body of 300 members (each serving a life term) which served as the main deliberate body of the Republic. The Senate passed decrees called senatus consulta, which constituted "advice" from the Senate to a magistrate or legislative assembly on a particular course of action. While the Senate's advice did not hold legal force, by custom they were usually obeyed. Through its advice, the Senate directed the magistrates, especially the Consuls in their conduct of military conflicts and foreign affairs. The Senate also had an enormous degree of power over the civilian government in Rome itself. The Senate managed the Republic's finances as only it could authorize the disbursal of public fund from the treasury or impose taxes. The Senate also supervised the administration of the provinces, with Senators serving as provincial governors upon assignment by the Senate.
In 82 BC, the general Lucius Cornelius Sulla marched on Rome and assumed control over the Republic's government. Sulla was appointed "Dictator for Writing the Constitution and Laws of the Republic" (dictator legibus faciendis et reipublicae constituendae causa) by the Senate, an emergency official dating from the early years of the Republic. As Dictator Sulla was the Republic's supreme military and civil official. In particular, the Senate granted Sulla the power reorganize the Republic's constitution. Unlike the traditional dictatoral office which held office for six months, Sulla's term was for an unlimited term.
Sulla, who had observed the violent results of radical democratic reforms in the last half century, was naturally conservative and reactionary. A such, he sought to strengthen the aristocracy against the masses, in particular the powers of the Senate. Sulla required Senatorial approval before any bill could be submitted to the Plebeian Council (which had developed into the Republic's principal legislative assembly). Sulla also reduced the power of the Tribunes. Through his reforms to the Plebeian Council, the Tribunes effectively lost the power to initiate legislation. Sulla then prohibited ex-Tribunes from ever holding any other office, so ambitious individuals would no longer seek election to the Tribunate, since such an election would end their political career. Finally, Sulla revoked the power of the Tribunes to veto acts of the Senate.
Sulla then weakened the independence and prestige of the various magisterial offices by increasing the number of magistrates who were elected each year, and required that all newly elected Quaestors be given automatic membership in the Senate. These two reforms allowed Sulla to increase the size of the Senate from 300 to 600 members. This removed the need for the Censor to draw up a list of senators, since there were always more than enough former magistrates to fill the senate. The Censorship was the most prestigious of all magisterial offices, and by reducing the power of the Censors, this particular reform further helped to reduce the prestige of all magisterial offices. In addition, by increasing the number of magistrates, the prestige of each magistrate was reduced, and the potential for obstruction within each magisterial college was maximized. To prevent obstruction, the various magistrates looked to the Senate for advice and guidance. This increased the importance of the Senate as the principal organ of the Republican government.
To further solidify the prestige and authority of the Senate, Sulla codified the cursus honorum, which required an individual to reach a certain age and level of experience before running for any particular office. In this past, the cursus honorum had been observed through custom but had never actually been a legal requirement. By requiring Senators to be more experienced than they had been in the past, he hoped to add to the prestige, and thus the authority, of the Senate as a body.
Sulla also wanted to reduce the risk that a future general might attempt to seize power as he himself had done. To reduce this risk, he reaffirmed the requirement that any individual wait for ten years before being reelected to any office. Sulla then established a system where all Consuls and Praetors served in Rome during their year in office, and then commanded a provincial army as a governor for the year after they left office. These two reforms were meant to ensure that no governor would be able to command the same army for an extended period of time so as to minimize the threat that another general might attempt to march on Rome.
With his reforms enacted, Sulla resigned as Dictator and retired to private life in 79 BC, dying the next year in 78 BC. Without his continued presence in Rome, Sulla's reforms were soon undone. Gnaeus Pompey Magnus and Marcus Licinius Crassus, two of Sulla's former lieutenants, were elected Consuls for the year 70 BC and quickly dismantled most of Sulla's constitution. While the Senate continued to be the primary organ of the Republican government with the magistrates subveriant to its will, the Tribunes regained the powers Sulla had stripped from the office.
Julius Caesar campaigned in Gaul from 59 BC to 49 BC, granted him unmatched military power and popularity with the people of Rome. With the Gallic Wars concluded, the Senate ordered Caesar to lay down his military command and return to Rome as a privatus ("private citizen"). Caesar refused, and marked his defiance in 49 BC by crossing the Rubicon River at the head of his army, leaving his province and illegally entering Roman territory under arms. Civil war resulted, from which Caesar emerged as the unrivaled ruler of Rome.
With the legitimate government of the Republic defeated, Caesar set about initiating his own constitutional reforms. Caesar immediately set about consolidating the various offices of the Republic into himself. He was first appointed Dictator in 49 BC but resigned it within eleven days. In 48 BC, he was re-appointed dictator, only this time for an indefinite period, and in 46 BC, he was appointed dictator for ten years. Finally, in 44 BC, Caesar was appointed Dictator for life. In addition to holding the dictatorship, Caesar held the Consulship in 48 BC, 46 BC, 45 BC (without colleague), and 44 BC. By holding the Dicatorship and the Consulship simultaneously, Caesar's imperium ("military authority") was supreme and all provincial governors were subservant to his will. With his unchallengeable command authority, Caesar could remove any civil magistrate or military commander from office at his pleasure.
In 48 BC, Caesar was granted tribunicia potestas ("Tribunician Powers") for life, which granted him all the powers of a Tribune without actually holding the office itself. His person was made sacrosanct, he was allowed to convene the Senate and lay business before it (including vetoing any of its actions), he was allowed to veto the actions of any magistrate (including exercising summary execution against those who disobeyed him), and he could convene the Plebeian Council and lay legislation before it. Significantly, his holding of tribunican power without actually holding the office allowed Caesar to veto the Tribunes without being vetoed by them in return. Caesar thus dominated the Plebeian Council, preventing the election of Tribunes who might oppose him. On at least one occasion, a Tribune attempted to obstruct him. The offending tribunes in this case were brought before the Senate and divested of their office. After the impeachment, Caesar faced no further opposition from other members of the Tribunician College.
In 46 BC, Caesar gave himself the title of Praefectura Morum ("Prefect of the Morals"). While the office that was a new institution, its powers were identical to those of the Republican Censorship. Thus, he held the powers of the Censors without subjecting himself to the checks the ordinary Censors were subject to. The ranks of the Senate had been severely depleted due to Caesar's civil war, and so Caesar used his Censorial powers to appoint many new Senators, swelling the Senate's membership to 900. All of these appointments were of his own partisans, which robbed the Senatorial aristocracy of its prestige, and made the Senate increasingly subservient to him.
While the legislative assemblies continued to meet, all candidates for election required his approval and all bills submitted to the assemblies for enactment required his approval. This caused the assemblies to become effectively powerless and unable to oppose operate outside Caesar's direction. Caesar then increased the number of magistrates who were elected each year, which created a large pool of experienced magistrates, and allowed Caesar to reward his supporters. This also weakened the powers of the individual magistrates, and thus of the magisterial colleges as a whole. To minimize the risk that another general might attempt to challenge him, Caesar passed a law which subjected governors to term limits of no more than two years in office. As Caesar began to prepare for a war against the Parthian Empire in 44 BC, he passed a law which allowed him to appoint all magistrates in 43 BC, and all Consuls and Tribunes in 42 BC. This transformed the various magistrates from being representatives of the people to being agents of Caesar.
Caesar was assassinated on the Ides of March 44 BC. The motives of the conspirators were both personal, as well as political. Most of the conspirators were Senators and many were angry that Caesar had deprived the Senate of much of its power and prestige. There were also rumors that Caesar was going to proclaim himself king. With Caesar's death, the various powers and authority he had assumed lapsed and many of his constitutional reforms were undone.
Following Julius Caesar's assassination, his adoptive son Octavian and former generals Mark Antony and Marcus Aemilius Lepidus united in 43 BC to defeat assassins of Caesar and to assume power over the Republic. The Triumvirate was legally established as the Triumviri Rei Publicae Constituendae Consulari Potestate ("Triumvirs with Consular Power for Confirming the Republic") with the enactment of the Lex Titia.
The Triumvirate was granted power to rule the Republic for five years and was, in effect, a three-man dictatorship. The Triumvirs adopted the positive collegiality principles but not the negative ones. All three Triumvirs were vested with the full power of office but did not possess the ability to veto the others. Much like Caesar's dictatorship, the Triumvirs were granted imperium superior to all civilian magistrates and provincial governors subservient to their will. Their supreme military authority allowed the Triumvirs to remove any civil magistrate or military commander from office at their pleasure. Like Caesar before them, the Triumvirs held the authority to name all magistrates and to punish (without trial) those who disobeyed their commands.
After the Battle of Philippi in 42 BC, the Triumvirs entered an arrangement to divided the Republic's territory between themselves. Octavian received the provinces of Gaul, Hispania, and Italia. Antony received Greece, Aisa, and the Republic's eastern client kingdoms (including Egypt under Queen Cleopatra VII). Lepidus, the clear junior partner in the Triumvirate, was left with the province of Africa.
The Triumvirate's powers were extension for another five-year period beginning in 37 BC. In 36 BC, Octavian and Lepidus launched a joint operation against the rebel Sextus Pompey, who ruled Sicily. Despite initial setbacks, Sextus' fleet was almost entirely destroyed by Octavian's general Marcus Vipsanius Agrippa at the naval battle of Naulochus. Both Lepidus and Octavian gathered the surrendered troops, yet Lepidus felt empowered enough to claim Sicily for himself and ordered Octavian to withdraw. Lepidus' troops deserted him, however, and defected to Octavian since they were weary of fighting and found Octavian's promises of money to be enticing. Lepidus surrendered to Octavian and was ejected from the Triumvirate. The Republic's provinces were now divided between Octavian in the West and Antony in the East.
Transformation into Empire
- Abbott, 104
- Abbott, 105
- Abbott, 109
- Keppie, Lawrence (1998). "The approach of civil war". The making of the Roman Army: from Republic to Empire. Norman, OK: University of Oklahoma Press. p. 102. ISBN 978-0-8061-3014-9.
- Abbott, 136
- Abbott, 135
- Abbott, 137
- Abbott, 138
- Abbott, 133
- Eck, 15.
- Eck (2003), 18.
- Scullard (1982), 163
- Eck (2003), 24.
- Eck (2003), 25–26.
- Eck (2003), 26.
- Scullard (1982), 164
- Constitution of the Roman Republic
- History of the Constitution of the Roman Republic
- Constitution of the Roman Empire