Executive Magistrate of The Roman Kingdom - The King of Rome

The King of Rome

According to the contemporary historian Sallust, the grade of legal authority (imperium) possessed by the Roman King was known as imperium legitimum. This probably meant that the only restriction on the king was that he observe precedent (mos maiorum). This would, for example, suggest (but not require) that he consult with the senate before making decisions. In practice, therefore, the king 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 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 a decree.

The king sometimes abided by the one restriction on his power (that he observe precedent). Sometimes, he abided by this restriction out of practical necessity, and at other times, he abided simply to respect tradition. While the king could unilaterally declare war, for example, he typically wanted to have such declarations ratified by the popular assembly. In addition, he did not usually decide matters that dealt with family law, but instead let the popular assembly decide these matters. While the king had absolute power over criminal and civil trials, he probably only presided over a case in its early stages (in iure), and then referred the case to one of his assistants (an iudex) for settlement. In the most serious criminal cases, the king may have referred the case to the people, assembled in the popular assembly, for trial. In addition, the king usually received consent from the other priests before introducing new deities.

The period between the death of a king, and the election of a new king, was known as the interregnum. During the interregnum, the senate elected a senator to the office of Interrex to facilitate the election 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 popular assembly, the senate ratified the election by passing a decree (the auctoritas patrum or "authority of the fathers"). Since any nominee was picked by a member of the senate (the Interrex), the auctoritas patrum primarily functioned as a safeguard against a headstrong Interrex. 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 (through the passage of a law known as the lex curiata de imperio). In theory, the king was elected by the people, but in practice, it was the senate that had the real power over the election of new kings. The popular assembly could not select a candidate for the kingship. And while they could vote against a candidate, it was unlikely that they ever would.