Roman Constitution - Executive Magistrates

Executive Magistrates

See also: Roman Magistrates, Executive Magistrates of the Roman Kingdom, Executive Magistrates of the Roman Republic, and Executive Magistrates of the Roman Empire

During the years of the Roman Kingdom, the king (rex) was the only executive magistrate with any power. He was assisted by two quaestors, whom he appointed. He would often appoint other assistants for other tasks. When he died, an interrex would preside over the senate and assemblies, until a new king was elected.

Under the Constitution of the Roman Republic, the "executive branch" was composed of both ordinary as well as extraordinary magistrates. Each ordinary magistrate would be elected by one of the two major Legislative Assemblies of the Roman Republic. The principle extraordinary magistrate, the dictator, would be appointed upon authorization by the Senate of the Roman Republic. Most magistrates were elected annually for a term of one year. The terms for all annual offices would begin on New Year's Day, and end on the last day of December.

The two highest ranking ordinary magistrates, the consuls and praetors, held a type of authority called imperium (Latin for "command"). Imperium allowed a magistrate to command a military force. Consuls held a higher grade of imperium than praetors. Consuls and praetors, as well as censors and curule aediles, were regarded as "curule magistrates". They would sit on a curule chair, which was a symbol of state power. Consuls and praetors where attended by bodyguards called lictors. The lictors would carry fasces. The fasces, which consisted of a rod with an embedded axe, were symbols of the coercive power of the state. Quaestors were not curule magistrates, and had little real power.

Plebeian tribunes were not officially "magistrates", since they were elected only by the plebeians. Since they were considered to be the embodiment of the People of Rome, their office and their person were considered sacrosanct. It was considered to be a capital offense to harm a tribune, to attempt to harm a tribune, or to attempt to obstruct a tribune in any way. All other powers of the tribunate derived from this sacrosanctity. The tribunes were assisted by plebeian aediles.

In an emergency, a dictator would be appointed. A newly appointed dictator would usually select a deputy, known as the "Magister Equitum" ("Master of the Horse"). Both the dictator and his master of the horse were extraordinary magistrates, and they both held imperium. In practice, the dictator functioned as a consul without any constitutional checks on his power. After 202 BC, the dictatorship fell into disuse. During emergencies, the senate would pass the senatus consultum ultimum ("ultimate decree of the senate"). This suspended civil government, and declared (something analogous to) martial law. 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.

After the fall of the republic, the old magistracies (dictators, consuls, praetors, censors, aediles, quaestors and tribunes) were either outright abandoned, or simply lost all powers. The emperor became the master of the state. The founding of the empire was tantamount to a restoration of the old monarchy. The chief executive became the unchallenged power in the state, the senate became a powerless advisory council, and the assemblies became irrelevant..