Executive magistrates of the Roman Republic

During the years of the Roman Republic, the magistratus was the authorized representative of the people. Each magistratus was elected by the populus (populus Romanus). By this definition, plebeian tribunes and plebeian aediles were technically not magistratus^[1] since they were elected by the plebeians, rather than by all of the People of Rome (which would include patricians).^[2] Dictators and masters of the horse, on the other hand, were magistratus. This was because they were nominated by magistratus. The dictator was nominated by the consul (who was elected by the People of Rome). The master of the horse was nominated by the dictator.^[2]

Each magistratus was vested with a degree of maior potestas ("major powers").^[2] Magistrates with more maior potestas outranked magistrates with less maior potestas. Dictators had more maior potestas than any other magistrate. After the dictator was the censor, and then the consul, and then the praetor, and then the aedile, and then the quaestor. Each magistrate could only veto an action that was taken by a magistrate with an equal or lower degree of maior potestas. Thus, no magistrate could veto an act of the senate or of the assemblies (since neither institution possessed any maior potestas).

Since plebeian tribunes and plebeian aediles were technically not magistrates,^[1] they were outside of the maior potestas standard. In general, this made them independent of the other magistrates.^[2] This was the reason they, for example, could not have their actions vetoed by consuls. The tribune did not rely on maior potestas to obstruct (veto) magistrates, assemblies, or the senate. Tribunes relied on the sacrosanctity of their person to obstruct. If a magistrate, an assembly or the senate did not comply with the orders of a tribune, the tribune could 'interpose the sacrosanctitiy of his person' (intercessio) to physicaly stop that particular action. Any resistance against the tribune would be tantamount to a violation of his sacrosanctity, and thus would be considered a capital offense.

Any magistrate could obstruct ("veto") an action that was being taken by a magistrate with an equal or lower degree of maior potestas. If this obstruction occurred between two magistrates with equal maior potestas (such as two praetors), then it would be called par potestas.^[3] To prevent par potestas, magistrates used a principle of alteration, assigned responsibilities by lot or seniority, or gave certain magistrates control (provinciae) over certain functions.^[4] This was the reason why, for example, each consul would hold the fasces for a month, and then hand the fasces off to his colleague.

If this obstruction occurred against a magistrate with a lower degree of maior potestas (such as a consul acting against a praetor), then it would be called intercessio.^[3] In this instance, the magistrate would interpose his higher maior potestas to obstruct the lower ranking magistrate.

The Powers of the magistrates

Each republican magistrate held certain constitutional powers (potestas). Potestas included imperium, coercitio, and auspicia. Potestas was counter-balanced by several constitutional restraints (collega, provocatio, and provincia). Not every magistrate held the same powers, and not every magistrate was subject to the same restraints. While in the city of Rome, the balance between the constitutional powers and the constitutional restraints tilted in favor of the restraints. While abroad, the balance tilted in favor of the powers.

Only the Roman People (both plebeians and patricians) had the right to confer potestas on any individual magistrate.^[5]

Imperium

The curule chair was a symbol of the power of high ranking magistrates

The most powerful form of potestas was imperium. Imperium was held by consuls and by praetors. Defined narrowly, imperium simply gave a magistrate the authority to command a military force. Defined more broadly, however, imperium gave a magistrate the constitutional authority to issue commands (military, diplomatic, civil, or otherwise). A magistrate's imperium was at its apex while the magistrate was abroad. While the magistrate was in the city of Rome itself, however, he would have to completely surrender this imperium. By depriving any magistrate in Rome of imperium, liberty (libertas) was maximized while the risk of tyranny was minimized.^[6].

Magistrates with imperium would sit in a curule chair (sella curulis). They would be attended by lictors. Lictors were bodyguards who carried fasces. Fasces were rods (symbolizing the power of the state to punish) with an embedded axe (symbolizing the power of the state to execute)^[7]. Only a magistrate with imperium could wear a bordered toga, or be awarded a triumph.^[8]

Coercitio

This article is part of the

Roman Constitution series.

Roman Senate

Roman Assemblies

Roman Magistrates

History of the Roman Constitution

Constitution of the Roman Kingdom

Senate of the Roman Kingdom

Legislative Assemblies of the Roman Kingdom

Executive Magistrates of the Roman Kingdom

History of the Constitution of the Roman Kingdom

Constitution of the Roman Republic

Senate of the Roman Republic

Legislative Assemblies of the Roman Republic

Executive Magistrates of the Roman Republic

History of the Constitution of the Roman Republic

Constitution of the Roman Empire

Senate of the Roman Empire

Legislative Assemblies of the Roman Empire

Executive Magistrates of the Roman Empire

History of the Constitution of the Roman Empire

Constitution of the Late Roman Empire

History of the Constitution of the Late Roman Empire

All magistrates had the power of coercitio (coercion). Coercitio was used by magistrates to maintain public order.^[9] A magistrate had many ways with which to enforce his power of coercitio. These included flogging (until flogging was outlawed by the leges Porciae), imprisonment (only for short periods of time), fines, the taking of pledges and oaths, the selling of one into slavery, banishment, and sometimes even the destruction of a person's house.^[10] While in Rome, all citizens had an absolute protection against coercitio. This protection was called provocatio (see below). Provocatio required an appeal to a tribune. Since no tribune could retain his powers outside of the city of Rome, the power of coercitio outside the city of Rome was absolute.

Auspicia

Magistrates had both the power and the duty to look for omens (auspicia). An omen was an event which was believed to be a sign from the Gods (prodigies). The auspices could be used to obstruct (obnuntiatio) political opponents. By claiming to witness an omen, a magistrate could justify the decision to end a legislative or senate meeting, or the decision to veto a colleague.

Magistrates had to use this power to understand the will of the Gods. While the magistrates had access to oracular documents, the Sibylline books, they rarely consulted with these books. They would only consult with these documents after seeing an omen.^[11]

All senior magistrates (consuls, praetors, censors, and tribunes) were required to actively look for omens (auspicia impetrativa). Simply having omens thrust upon them (auspicia oblativa) was generally not adequate.^[11] An omen could take the form of a sign from the heavens. Omens could be discovered while studying the flight of birds, or while studying the entrails of sacrificed animals. When a magistrate believed that he had witnessed such an omen, he would usually have an augur interpret the omen for him. Augurs were religious officials who specialized in omens or auspices. A magistrate was required to look for omens while presiding over a legislative or senate meeting. The magistrate was also required to look for omens before leaving for a war.^[11]

Limitations on magisterial power

Roman magistrates had several checks on their power. Three of these checks were collega, provocatio, and provincia. While a magistrate was in the city of Rome, collega and provocatio were at their apex. While the magistrate was abroad, provinica was the principle check on the power of a magistrate. Magistrates were also checked by limits on the duration of their terms in office.

Collega

One check over a magistrate's power was collega (collegiality). Each magisterial office would be held concurrently by at least two people. For example, two consuls always served together. Any magistrate could veto the actions of his colleague.^[12]

Provocatio

Another check over the power of a magistrate was provocatio. Provocatio was a primordial form of due process. It was a precursor to our own habeas corpus. Any citizen in Rome had the absolute right of provocatio. If any magistrate was attempting to use the powers of the state against a citizen (such as to punish that citizen for an alleged crime), that citizen could cry "provoco ad populum". If this were to occur, a tribune would intervene, and had the power to unilaterally rescue that citizen. The magistrate in question could not carry out his action against the citizen until the tribune had made a final decision on the matter.^[13] Provocatio was the check on the magistrate's power of coercitio (coercion). Since no tribune could retain his powers outside of the city of Rome, the power of coercitio outside of the city of Rome was absolute.

Provincia

File:CS002910.jpg

Pompey, who at age 35, became one of the youngest consuls in history

An additional check over a magistrate's power was that of provincia. Provinicia required a division of responsibilities. For example, individual governors of the provinces would each have supreme command over their province. Under the principle of provincia, these governors could not take their armies into other provinces.^[14]

Annual Terms

Once a magistrate's annual term in office expired, he would have to wait ten years before serving in that office again. Since this did create problems for some magistrates (in particular, consuls and praetors), these magistrates would occasionally have their imperium "prorogued" (prorogare). In effect, they would retain the powers of the office (as a promagistrate), without officially holding that office. The result was that private citizens would end up with consular and praetorian imperium. In practice, this usually meant that they would act as provincial governors.^[15]

Magistrates

By definition, a magistrate (magistratus) was an individual who was elected by the People of Rome (populus Romanus). As such, they were considered to be the representative of all of the People of Rome. Each magistrate was vested with a degree of power (maior potestas). The magistrate with the most maior potestas was the dictator. After the dictator was the censor, and then the consul, and then the praetor, and then the aedile, and then the quaestor.

Consuls

The consul of the Roman Republic was the highest ranking magistrate^[6]. Consuls were elected by the Comitia Centuriata. The consul would always serve with another consul as his colleague. The consular term would last for one year^[6]. If a consul died before his term ended, another consul, called the consul suffectus, would be elected to complete the original consular term.

Each consul would be attended by twelve bodyguards called lictors^[7]. The leader of the senate was the superior consul for the month. Throughout the year, one consul would be superior in rank to the other consul. This ranking would flip every month, between the two consuls. The consul who was superior in a given month would hold the fasces^[16]. This was intended to prevent conflicts, where the maior potestas ("major powers") of the two consuls would negate each other (par potestas). The consul who undertook the faces during the first month of the year was known as the consul prior or consul maior.^[17] Either consul could veto the actions of his co-consul^[7]. Once a consul's term ended, he would hold the honorary title of consulare for the rest of his time in the senate. After a consul left office, he had to wait for ten years before standing for reelection to the consulship.^[18]

Powers of the consulship

Consuls had supreme power in both civil and military matters. The supreme power of the consul was a consequence of the fact that no ordinary magistrate held a higher degree of maior potestas than the consul (other than the censor, who did not have imperium). While in the city of Rome, the consul was the head of the Roman government. While components of public administration were delegated to other magistrates, the management of the government would be under the ultimate authority of the consul. The consuls had the ultimate responsibility to enforce laws passed by the assemblies^[19] and policies enacted by the senate.^[19] All magistrates, other than the tribunes, were considered to rank below the consul. The consul was the chief diplomat, and carried out business with foreign nations. The consul also facilitated interactions between foreign ambassadors and the senate. The consul would usually preside over the senate, the Comitia Tributa and the Comitia Centuriata.^[19]

While abroad, the consul had the highest level of ordinary imperium. Upon an order by the senate, the consul would be responsible for raising an army.^[19] While the consuls had supreme military authority, they had to be provided with financial resources by the Roman Senate while they were commanding their armies. Thus, the senate had powers of the purse over the consuls.^[20] The armies that the consul raised would have to swear allegiance to that consul. While abroad, the consul had absolute power over his soldiers, and over the military and civil apparatus of whatever province he was in. ^[19]

Praetors

The praetors administered civil law^[21], and command provincial armies. In time, praetors would begin to act as chief judges over the courts. Originally, only two praetors would be elected in a given year. Eventually the total number of praetors elected in a given year increased. The number of praetors elected eventually would fluctuate between six and eight. In the absence of both senior and junior consuls from the city, the urban praetor would govern Rome^[21]. Each praetor would be attended by six bodyguards, known as lictors^[7].

Praetors would usually stand for election with the consuls. As was the case with consuls, praetors would be formally elected by the Comitia Centuriata. The Comitia Centuriata would then grant praetors imperium powers.

Powers of the praetorship

Some praetors administered civil law and acted as chief judges over the courts. These praetors were called the praetor urbanus. Other praetors had foreign affairs-related responsibilities. These praetors were called praetor peregrinus. Often these praetors would act as governors of the provinces.^[22]

Since praetors held imperium powers, they could command an army. Their level of ‘’imperium’’, however, was of a lower grade than was that of the consuls. With their imperium, they would often act as governors.

The praetors could also preside over the Comitia Tributa or the Comitia Centuriata. When both consuls were away from Rome, a praetor would often preside over the senate.^[23]

Censors

Every five years, two censors would be elected for an eighteen month term. Unlike other magistrates, one usually had to be a consul before being elected censor. Therefore, the censorship was considered to be more prestigious than the consulship.^[24]

Censors were elected by the Comitia Centuriata. However, the censor was not elected with the consuls and praetors for a given year. When a new year began, the newly elected consuls would take office, and then preside over the Comitia Centuriata as they elected the new censors. After the censors had been elected, the Comitia Centuriata granted the new censors censorial power. Once this occurred, the new censors could fulfill the obligations of their office.

Powers of the censors

Censors did not have imperium powers, and they did not have any lictors. In addition, they did not have the power to convene the senate or legislative assemblies. However, they did have curule chairs, and did wear a toga praetexta. Their actions could not be vetoed by any magistrate other than a tribune or a fellow censor. They also had the power to fine individuals.^[24] Censors usually did not have to act in unison. However, if a censor wanted to reduce the status of a citizen in a census, he had to act in unison with his colleague.^[17]

Censors could enroll citizens in the senate, or purge them from the senate.^[25] He could also enroll citizens in the equestrian order.^[25] A censor had the ability to fine a citizen, or to sell his property.^[25] This was often a punishment for either evading the census, or for a fraudulent registration. Other actions that could result in a censorial punishment were the poor cultivation of land, cowardice or disobedience in the army, dereliction of civil duties, corruption, or debt. A censor could also reassign a citizen to a different tribe, such as one of the two inferior urban tribes (the Esquilina or Suburana). A punishment could also be accompanied by a censorial nota, which was a mark placed besides a man's name on the register. Later, the lex Clodia allowed a citizen to appeal a censorial nota.^[26]

Once a census was complete, a purification ceremony known as the lustrum would be performed by a censor. A lustrum typically involved prayers for the upcoming five years. The lustrum was the central reason for the creation of this magistracy. It was a religious ceremony that acted as the certification of the census. The review of the equites in the forum (recensus or recognitio) and the selection of the senate (lectio) could be performed after the lustrum had been completed.^[27] The selection of the senate (lectio) was a part of the census, and could be used to enroll new senators (or to expel members from the senate).

Censors had several other duties as well. These duties included the management of public contracts, and the payment of individuals doing contract work for the state. Any act that resulted in the expenditure of public money required the approval of the senate before the transaction could be completed by a censor.^[19]

The work of the censors affected the lives of ordinary citizens more so than did the work of most other magistrates. As such, the office was of great prestige. While the office was opened to plebeians in 339 BC, ultimately most censors were patricians. After 209 BC, all censors (except one) were former consuls.^[28]

Curule aediles

Aediles were officers elected to conduct domestic affairs in Rome. They typically assisted the higher magistrates, especially tribunes^[29]. The office was not on the cursus honorum, and therefore did not mark the beginning of a political career. Every year, two curule aediles, and two plebeian aediles were elected. The Comitia Tributa, under the presidency of a higher magistrate (either a consul or praetor), would elect the two curule aediles. While they had a curule chair, they did not have lictors, and thus they had no power of coercion.^[30] The Plebeian Council, under the presidency of a tribune, would elect the two plebeian tribunes.

Responsibilities of the aediles

Cicero, a Senator and the consul of 63 BC, entered Roman politics by being elected Quaestor

Aediles had wide ranging powers over day-to-day affairs inside the city of Rome, and the maintenance of public order. They had the power over public games and shows, and over markets^[29]. They also had the power to repair and preserve temples, sewers and aqueducts. They also maintained plebeian records. They would publish records which would document their edicts.^[31]

Any expenditure of public funds, by either a curule aedile or a plebeian aedile, had to be authorized by the senate.

Quaestors

The office of quaestor was created in 446 BC.^[32] The office was considered to be the lowest ranking of all major political offices^[29]. Quaestors would be elected by the Comitia Tributa^[29].

The allocation of quaestors was supervised by the senate. The assignment of responsibilities to the urban quaestors was settled by lot. Provincial magistrates often choose which quaestors would accompany them abroad.^[33]

Quaestors who served magistrates abroad functioned as the personal secretary of that magistrate^[29]. They would usually be responsible for the allocation of money, including army pay.

Urban quaestors had several important responsibilities. They would supervise the public treasury, the aerarium Saturni^[21]. Here, they would monitor all items going into, and coming out of, the treasury. They would often speak publicly about the balances available in the treasury.^[34] The quaestors could only issue public money for a particular purpose if they were authorized to do so by the senate.^[19]

The aerarium was a repository for documents, as well as for money. The texts of enacted statutes, as well as of senatus consulta would be deposited in the aerarium under the supervision of the quaestors. During his consulship, Cato the Younger exposed fraud being committed by the scribes. The scribes handled the actual accounting for the treasury, and often exploited the inexperience of their supervising quaestors.^[34]

Plebeian tribunes and plebeian aediles

Since the plebeian tribunes and plebeian aediles were elected by the plebeians, rather than by all of the People of Rome, they were technically not "magistrates". Even the term magistratus plebeii is technically a contradiction.^[35] The tribunes and the aediles were both elected by the Concilium Plebis. The plebeian tribunes had plebeian aediles as assistants. These aediles had similar functions as curule aediles, and are discussed above.

Cornelia, mother of the future Gracchi tribunes, pointing to her children as her treasures

Since the tribunes were considered to be the embodiment of the plebeians, they were sacrosanct^[36]. Their sacrosanctity was enforced by a pledge, taken by the plebeians, to kill any person who harmed or interfered with a tribune during his term of office. All of the powers of the tribune derived from their sacrosanctity. One obvious consequence of this sacrosanctity was the fact that it was considered a capital offense to harm a tribune, to disregard his veto, or to interfere with a tribune^[36]. Since they were independent of all other magistrates,^[19] they could only have their actions vetoed by fellow tribunes.

The sacrosanctity of a tribune (and thus all of his tribunician powers), were only in effect so long as that tribune was within the city of Rome. If the tribune was abroad, the plebeians in Rome could not enforce their oath to kill any individual who harmed or interfered with the tribune.

Tribunes had the authority to enforce the right of provocatio. This was a theoretical guarantee of due process, and was a precursor to our own habeas corpus. If a magistrate was threatening to take action against a citizen, that citizen could yell "provoco ad populum". If effect, this was an appeal of the magistrate's decision to a tribune.^[37] A tribune would have to assess the situation, and give the magistrate his approval before the magistrate could carry out the action. Any action taken in spite of a valid provocatio was on its face illegal.^[38]

Tribunes could use their sacrosanctity to order the use of capital punishment against any person who interfered with their duties^[36]. Tribunes could also use their sacrosanctity as protection when physically manhandling an individual, such as when arresting someone.^[39] In addition, tribunes could physically interpose themselves ^[40] (intercessio) against a magistrate, the senate, or an assembly. This took the form of a veto.^[41] If a magistrate, the senate, or an assembly refused to abide by a tribune's veto, that tribune could use his sacrosanctity as protection, and physically force compliance.

While a tribune could veto any act of the senate, the assemblies, or the magistrates, he could only veto the act (rather than the measure). Therefore, he had to physically be present when the act was occurring. As soon as that tribune was no longer present, the act could be completed as if there had never been a veto.^[42]

On a couple of rare occasions (such as during the tribunate of Tiberius Gracchus), a tribune might use a form of blanket obstruction. This would involve vetoing all governmental functions, and placing a seal on the treasury.^[43]

In addition, tribunes would preside over the Concilium Plebis. Therefore, they had the ability to open sessions, close sessions, and introduce bills before the council.^[44]

The dictator and the "ultimate decree of the senate"

Julius Caesar, accepting the surrender of Vercingetorix, was the final Dictator of the Roman Republic

In times of military emergency, a dictator would be appointed for a six month term.^[45]. The dictator was also known as the magister populi ("Master of the Citizen Army").^[46] During their terms, their powers over the Roman government were absolute. They were not checked by any institution or magistrate. Contemporary historians suggest that the office was not one that had a purely military purpose. While Cicero and Livy do mention the military uses of the dictatorship, others (such as Dionysius of Halicarnassus) mention its use for the purposes of maintaining order. It was also used during times of plebeian unrest.^[46]

For a dictator to be appointed, the senate would have to pass a senatus consultum, authorizing the consuls to nominate a dictator. Once this occurred, and a dictator was nominated, that dictator took office immediately. Often the dictator would resign his office as soon as the matter that caused his appointment was resolved^[45].

The last ordinary dictator was appointed in 202 BC. After 202 BC, extreme emergencies were addressed through the passage of the senatus consultum ultimum ("ultimate decree of the senate"). This suspended civil government, and declared (something analogous to) martial law.^[47] It would declare "videant consules ne res publica detrimenti capiat" ("let the consuls see to it that the state suffer no harm"). In effect, the consuls would be vested with dictatorial powers. There were several reasons for this change. Up until 202 BC, dictators were often appointed to fight plebeian unrest. In 217 BC, a law was passed that gave the popular assemblies the right to nominate dictators. This, in effect, eliminated the monopoly that the aristocracy had over this power. In addition, a series of laws were passed, which placed additional checks on the power of the dictator.^[47]

Powers of the Dictator

Ordinary magistrates (such as consuls and praetors) would retain their offices. However, their independence would be dissolved, and they would become the agents of the dictator. If they disobeyed the dictator, they could be forced out of office. The dictator was accompanied by twenty-four bodyguards known as lictors^[7]. The twenty-four fasces symbolized the power of the dictator. While a dictator could ignore the right of provocatio, that right technically existed during a dictator's term.^[48]

Magister Equitum

Each dictator would appoint a magister equitum, or Master of the Horse (lit. Master of the Knights), to serve as his most senior lieutenant^[16]. The magister equitum had authority equivalent to a praetor, and therefore was granted praetorian imperium. Often, when authorizing the appointment of a dictator, the senate would specify who was to be the ‘’magister equitum’’. The magister equitum was accompanied by six lictors. In many respects, he functioned more as a parallel magistrate (like an inferior co-consul) than he did as a direct subordinate.^[49]

Whenever a dictator's term ended, the term of the ‘’magister equitum’’ would end as well^[16]. Legally, the dictator was considered to be the master of the infantry (and thus the legions), while the magister equitum (as the name implies) was considered the master of the cavalry^[16].

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 Abbott, 196
^ ^a ^b ^c ^d Abbott, 151
^ ^a ^b Abbott, 154
^ Abbott, 155
^ Lintott, 95
^ ^a ^b ^c Byrd, 20
^ ^a ^b ^c ^d ^e Byrd, 21
^ Lintott, 96
^ Lintott, 97
^ Lintott, 99
^ ^a ^b ^c Lintott, 102-104
^ Lintott, 101
^ Lintott, 94
^ Lintott, 101-102
^ Lintott, 113
^ ^a ^b ^c ^d Byrd, 42
^ ^a ^b Lintott, 100
^ Byrd, 110
^ ^a ^b ^c ^d ^e ^f ^g ^h Byrd, 179
^ Lintott, 21.
^ ^a ^b ^c Byrd, 32
^ Lintott, 107-109
^ Lintott, 109
^ ^a ^b Lintott, 116
^ ^a ^b ^c Byrd, 26
^ Lintott, 118-120
^ Lintott, 119
^ Lintott, 120
^ ^a ^b ^c ^d ^e Byrd, 31
^ Lintott, 130
^ Lintott, 129, 130-131
^ Lintott, 35
^ Lintott, 136
^ ^a ^b Lintott, 133
^ Abbott, 152
^ ^a ^b ^c Byrd, 23
^ Cicero, 235
^ Cicero, 236
^ Lintott, 123
^ Polybius, 136
^ Lintott, 122
^ Abbott, 198
^ Lintott, 125
^ Lintott, 34
^ ^a ^b Byrd, 24
^ ^a ^b Lintott, 110
^ ^a ^b Abbott, 240
^ Lintott, 111
^ Lintott, 112

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