Executive magistrates of the Roman Republic
Politics of ancient Rome |
---|
Periods |
|
Constitution |
Political institutions |
Assemblies |
|
Ordinary magistrates |
Extraordinary magistrates |
Public law |
Senatus consultum ultimum |
Titles and honours |
The executive magistrates of the Roman Republic were officials of the ancient
Ranks
The
Powers
Only
All magistrates had the power of
One check over a magistrate's power was collegiality (
Once a magistrate's annual term in office expired, he had to wait ten years before serving in that office again. Since this did create problems for some magistrates (in particular, consuls and praetors), these magistrates occasionally had their imperium "prorogued" (
Ordinary magistrates
The
The
Every five years, two censors were elected for an eighteen-month term. Since the censorship was the most prestigious of all offices, usually only former consuls were elected to it.[23] Censors were elected by the assembly of Roman Soldiers, the Centuriate Assembly, usually after the new consuls and praetors for the year began their term. After the censors had been elected, the Centuriate Assembly granted the new censors censorial power.[24] Censors did not have imperium powers, and they were not accompanied by any lictors. In addition, they did not have the power to convene the Roman Senate or Roman assemblies. Technically they outranked all other ordinary magistrates (including consuls and praetors). This ranking, however, was solely a result of their prestige, rather than any real power they had. Since the office could be easily abused (as a result of its power over every ordinary citizen), only former consuls (usually patrician consuls) were elected to the office. This is what gave the office its prestige. Their actions could not be vetoed by any magistrate other than a plebeian tribune, or a fellow censor.[23] No other ordinary magistrate could veto a censor because no ordinary magistrate technically outranked a censor. Tribunes, by virtue of their sacrosanctity as the representatives of the people, could veto anything or anyone. Censors usually did not have to act in unison, but if a censor wanted to reduce the status of a citizen in a census, he had to act in unison with his colleague.[16]
Censors could enroll citizens in the senate, or purge them from the senate.
The office of quaestor was considered the lowest-ranking of all major political offices.[28] Quaestors were elected by the Tribal Assembly,[28] and the assignment of their responsibilities was settled by lot. Magistrates often chose which quaestor accompanied them abroad,[31] and these quaestors often functioned as personal secretaries[28] responsible for the allocation of money, including army pay. Urban quaestors had several important responsibilities, such as the management of the public treasury, (the aerarium Saturni)[20] where they monitored all items going into, and coming out of, the treasury. In addition, they often spoke publicly about the balances available in the treasury.[32] The quaestors could only issue public money for a particular purpose if they were authorized to do so by the senate.[18] The quaestors were assisted by scribes, who handled the actual accounting for the treasury.[32] The treasury was a repository for documents, as well as for money. The texts of enacted statutes and decrees of the Roman Senate were deposited in the treasury under the supervision of the quaestors.
Plebeian magistrates
Since the The plebeian aedile functioned as the tribune's assistant, and often performed similar duties as did the curule aediles (discussed above). In time, however, the differences between the plebeian aediles and the curule aediles disappeared.
Since the tribunes were considered to be the embodiment of the plebeians, they were
Tribunes could use their sacrosanctity to order the use of capital punishment against any person who interfered with their duties.[34] Tribunes could also use their sacrosanctity as protection when physically manhandling an individual, such as when arresting someone.[35] On a couple of rare occasions (such as during the tribunate of Tiberius Gracchus), a tribune might use a form of blanket obstruction, which could involve a broad veto over all governmental functions.[36] While a tribune could veto any act of the senate, the assemblies, or the magistrates, he could only veto the act, and not the actual measure. Therefore, he had to physically be present when the act was occurring. As soon as that tribune was no longer present, the act could be completed as if there had never been a veto.[37]
Tribunes, the only true representatives of the people, had the authority to enforce the right of Provocatio, which was a theoretical guarantee of due process, and a precursor to our own habeas corpus. If a magistrate was threatening to take action against a citizen, that citizen could yell "provoco ad populum", which would appeal the magistrate's decision to a tribune.[38] A tribune had to assess the situation, and give the magistrate his approval before the magistrate could carry out the action. Sometimes the tribune brought the case before the College of tribunes or the Plebeian Council for a trial. Any action taken in spite of a valid provocatio was on its face illegal.[39]
Extraordinary Magistrates
In times of emergency (military or otherwise), a
Each dictator appointed a Master of the Horse (magister equitum or Master of the Knights), to serve as his most senior lieutenant.[43] The Master of the Horse had constitutional command authority (imperium) equivalent to a praetor, and often, when they authorized the appointment of a dictator, the senate specified who was to be the Master of the Horse. In many respects, he functioned more as a parallel magistrate (like an inferior co-consul) than he did as a direct subordinate.[44] Whenever a dictator's term ended, the term of his Master of the Horse ended as well.[43] Often, the dictator functioned principally as the master of the infantry (and thus the legions), while the Master of the Horse (as the name implies) functioned as the master of the cavalry.[43] The dictator, while not elected by the people, was technically a magistrate since he was nominated by an elected consul. The Master of the Horse was also technically a magistrate, since he was nominated by the dictator.[1] Thus, both of these magistrates were referred to as "Extraordinary Magistrates".
The last ordinary dictator was appointed in 202 BC. After 202 BC, extreme emergencies were addressed through the passage of the senatus consultum ultimum ("ultimate decree of the senate") which suspended civil government, and declared something analogous to martial law.[45] It declared "videant consules ne quid res publica detrimenti capiat" ("let the consuls see to it that the state suffer no harm") which, in effect, vested the consuls with dictatorial powers. There were several reasons for this change. Up until 202 BC, dictators were often appointed to fight plebeian unrest. In 217 BC, a law was passed that gave the popular assemblies the right to nominate dictators. This, in effect, eliminated the monopoly that the aristocracy had over this power. In addition, a series of laws were passed, which placed additional checks on the power of the dictator.[45]
See also
- Acta Senatus
- Byzantine Senate
- Centuria
- Curia
- Interrex
Notes
- ^ a b c Abbott, p. 151
- ^ a b Abbott, p. 154
- ^ Abbott, p. 155
- ^ Abbott, p. 196
- ^ Lintott, p. 95
- ^ a b c Byrd, p. 20
- ^ a b c Byrd, p. 21
- ^ Lintott, p. 96
- ^ Lintott, p. 97
- ^ Lintott, p. 99
- ^ a b c Lintott, pp. 102-104
- ^ Lintott, p. 101
- ^ Lintott, p. 94
- ^ Lintott, pp. 101-102
- ^ Lintott, p. 113
- ^ a b Lintott, p. 100
- ^ Byrd, p. 110
- ^ a b c d e f Byrd, p. 179
- ^ Lintott, p. 21
- ^ a b c Byrd, p. 32
- ^ Lintott, pp. 107-109
- ^ Lintott, p. 109
- ^ a b Lintott, p. 116
- ^ Lintott, p. 120
- ^ a b Byrd, p. 26
- ^ Lintott, pp. 118-120
- ^ Lintott, p. 119
- ^ a b c d e Byrd, p. 31
- ^ Lintott, p. 130
- ^ Lintott, pp. 129-131
- ^ Lintott, p. 136
- ^ a b Lintott, p. 133
- ^ Abbott, p. 152
- ^ a b c Byrd, p. 23
- ^ Lintott, p. 123
- ^ Lintott, p. 125
- ^ Abbott, p. 198
- ^ Cicero, p. 235
- ^ Cicero, p. 236
- ^ a b Byrd, p. 24
- ^ a b Lintott, p. 110
- ^ Lintott, p. 111
- ^ a b c Byrd, p. 42
- ^ Lintott, p. 112
- ^ a b Abbott, p. 240
References
- ISBN 978-0-543-92749-1..
- Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23. ISBN 0-16-058996-7.
- Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. Vol. 1. translated by Francis Barham. Esq. London: Edmund Spettigue.
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press. OCLC 179708792.
- Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press. OCLC 23708165.
Further reading
- Broughton, T. Robert S., The Magistrates of the Roman Republic, Vols. I (509–100BC), II (99–31BC), and Supplement (American Philological Association, New York, 1951, 1952, and 1960 respectively). This important work lists the magistrates for each year, and cites the ancient authors by whom they are mentioned.
- The Cambridge Ancient History, Second Series (1970–2005), Volumes 8–13, (The Cambridge University Press).
- Cameron, A. The Later Roman Empire, (Fontana Press, 1993).
- Crawford, M. The Roman Republic, (Fontana Press, 1978).
- Gruen, E. S. "The Last Generation of the Roman Republic" (U California Press, 1974)
- Ihne, Wilhelm (1853). Researches Into the History of the Roman Constitution. William Pickering.
- Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891
- Millar, F. The Emperor in the Roman World, (Duckworth, 1977, 1992).
- Mommsen, Theodor. Roman Constitutional Law. 1871–1888
- Polybius (1823) [c. 150]. The General History of Polybius: Translated from the Greek. Vol. 2. translated by James Hampton (5 ed.). Oxford: W. Baxter.
- Tighe, Ambrose (1886). The Development of the Roman Constitution. D. Apple & Co.
- Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
External links
- Cicero's De Re Publica, Book Two
- The Roman Constitution to the Time of Cicero
- What a Terrorist Incident in Ancient Rome Can Teach Us
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius
- Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu