Constitution of The Late Roman Empire - Senate and Magistrates

Senate and Magistrates

The removal of the seat of government from Rome reduced the Roman Senate to a municipal body, an image that was reinforced when the emperor Constantine later created a similar body in Constantinople. Diocletian also discontinued the practice of having the Senate ratify the Imperial powers of a new emperor. Going back to the founding of the city, control of the state was considered to return to the Senate whenever the chief magistracy became vacant, and so this particular reform robbed the Senate of its status as the depository of supreme power. Diocletian's reforms also ended whatever fiction had remained that the Senate had substantive legislative powers, and since the magistracies had become meaningless, the electoral powers of the Senate had no real meaning. The Senate did retain its legislative powers over public games and the senatorial order, as well as the power to try cases, especially treason, if the Emperor gave permission.

The executive magistrates had been little more than municipal officials since long before Diocletian became Emperor, and so Diocletian's reforms simply declared this openly. The Consul now could only preside over the senate, and the Praetor and Quaestor could only manage public games, although the Praetor did retain some limited judicial authority. All other magisterial offices disappeared. The first two "Roman Consuls" in a given year, the consules ordinarii, were appointed by the Emperor, and their term now ended on April 21, while all other Consuls in a given year (the less-prestigious consules suffecti) were elected by the Senate. The Senate also elected "Praetors" and "Quaestors"', although the approval of the Emperor was required before any election could be certified.