Constitution of The Roman Empire - Executive Magistrates

Executive Magistrates

The Executive Magistrates of the Roman Empire were elected individuals of the ancient Roman Empire. The powers of an emperor, (his imperium) existed, in theory at least, by virtue of his legal standing. The two most significant components to an emperor's imperium were the "tribunician powers" (potestas tribunicia) and the "proconsular powers" (imperium proconsulare). In theory at least, the tribunician powers (which were similar to those of the Plebeian Tribunes under the old republic) gave the emperor authority over Rome's civil government, while the proconsular powers (similar to those of military governors, or Proconsuls, under the old republic) gave him authority over the Roman army. While these distinctions were clearly defined during the early empire, eventually they were lost, and the emperor's powers became less constitutional and more monarchical.

By virtue of his proconsular powers, the emperor held the same grade of military command authority as did the chief magistrates (the Roman Consuls and Proconsuls) under the republic. However, the emperor was not subject to the constitutional restrictions that the old Consuls and Proconsuls had been subject to. Eventually, he was given powers that, under the republic, had been reserved for the Roman Senate and the Roman assemblies, including the right to declare war, to ratify treaties, and to negotiate with foreign leaders. The emperor's degree of Proconsular power gave him authority over all of Rome's military governors, and thus, over most of the Roman army. The emperor's tribunician powers gave him power over Rome's civil apparatus, as well as the power to preside over, and thus to dominate, the assemblies and the senate. When an emperor was vested with the tribunician powers, his office and his person became sacrosanct, and thus it became a capital offense to harm or to obstruct the emperor. The emperor also had the authority to carry out a range of duties that, under the republic, had been performed by the Roman Censors. Such duties included the authority to regulate public morality (censorship) and to conduct a census. As part of the census, the emperor had the power to assign individuals to a new social class, including the senatorial class, which gave the emperor unchallenged control over senate membership. The emperor also had the power to interpret laws and to set precedents. In addition, the emperor controlled the religious institutions, since, as emperor, he was always Pontifex Maximus and a member of each of the four major priesthoods.

Under the empire, the citizens were divided into three classes, and for members of each class, a distinct career path was available (known as the cursus honorum). The traditional magistracies were only available to citizens of the senatorial class. The magistracies that survived the fall of the republic were (by their order of rank per the cursus honorum) the Consulship, Praetorship, Plebeian Tribunate, Aedileship, Quaestorship, and Military Tribunate. If an individual was not of the senatorial class, he could run for one of these offices if he was allowed to run by the emperor, or otherwise, he could be appointed to one of these offices by the emperor. During the transition from republic to empire, no office lost more power or prestige than the Consulship, which was due, in part, to the fact that the substantive powers of republican Consuls were all transferred to the emperor. Imperial Consuls could preside over the senate, could act as judges in certain criminal trials, and had control over public games and shows. The Praetors also lost a great deal of power, and ultimately had little authority outside of the city. The chief Praetor in Rome, the Urban Praetor, outranked all other Praetors, and for a brief time, they were given power over the treasury. Under the empire, the Plebeian Tribunes remained sacrosanct, and, in theory at least, retained the power to summon, or to veto, the senate and the assemblies. Augustus divided the college of Quaestors into two divisions, and assigned one division the task of serving in the senatorial provinces, and the other the task of managing civil administration in Rome. Under Augustus, the Aediles lost control over the grain supply to a board of commissioners. It wasn't until after they lost the power to maintain order in the city, however, that they truly became powerless, and the office disappeared entirely during the 3rd century.