Constitution of The Roman Kingdom - Executive Magistrates

Executive Magistrates

Executive Magistrates were elected officials of the ancient Roman Kingdom. During the period of the Roman Kingdom, the king was the principal executive magistrate. He was the chief executive, chief priest, chief lawgiver, chief judge, and the commander in chief of the army. His powers rested on law and legal precedent, and he could only receive these powers through the political process of a democratic election. In practice, he had no real restrictions on his power. When war broke out, he had the sole power to organize and levy troops, to select leaders for the army, and to conduct the campaign as he saw fit. He controlled all property held by the state, had the sole power to divide land and war spoils, was the chief representative of the city during dealings with either the gods or the leaders of other communities, and could unilaterally decree any new law. Sometimes he submitted his decrees to either the popular assembly or to the Senate for a ceremonial ratification, but a rejection did not prevent the enactment of the decree. The king chose several officers to assist him, and unilaterally granted them their powers. When the king left the city, an "urban prefect" presided over the city in his stead. The king also had two quaestors as general assistants, while several other officers assisted the king during treason cases. In war, the king occasionally commanded only the infantry, and delegated command over the cavalry to the commander of his personal bodyguards, the tribune of the Celeres. The king sometimes deferred to precedent, often simply out of practical necessity. While the king could unilaterally declare war, for example, he typically wanted to have such declarations ratified by the popular assembly.

The period between the death of one king and the election of the next was known as an interregnum. During the interregnum, the Senate elected a senator to the office of interrex to facilitate the selection of a new king. Once the interrex found a suitable nominee for the kingship, he presented this nominee to the senate for an initial approval. If the Senate voted in favor of the nominee, that person stood for formal election before the People of Rome in the Curiate Assembly (the popular assembly). After the nominee was elected by the Curiate, the Senate ratified the election by passing a decree. The interrex then formally declared the nominee to be king. The new king then took the auspices (a ritual search for omens from the gods), and was vested with legal authority (imperium) by the popular assembly.