History of the Constitution of the Roman Empire
Politics of ancient Rome |
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The history of the constitution of the Roman Empire begins with the establishment of the Principate in 27 BC and is considered to conclude with the abolition of that constitutional structure in favour of the Dominate at Diocletian's accession in AD 284.
The Roman Empire's constitution emerged as a transformation of the late Roman Republic's constitution, utilising various late republican precedents, to legitimise the granting of incredible legal powers to one man and the centralisation of legal powers into bodies which that man controlled.
The creation of the Principate and the Roman Empire is traditionally dated to 27 BC with the first Augustan constitutional settlement, where
Various other changes were affected over the course of the Empire, reducing the electoral powers of the various Roman assemblies and shifting those powers to the Senate, as well as doing away with elections entirely in favour of appointments by the emperor.[1]
Augustus' constitutional reforms
Octavian returned to Rome two years after defeating
Octavian wanted to solidify his status as master of the state, but avoid the
In 23 BC, Augustus (as Octavian now called himself) again attempted to reform the constitution,[4] although it is not known why he chose to reform the constitution at this point. Four years had passed since his last reforms, and this may have given him the opportunity to discover the weaknesses in those reforms.[4] In addition, he almost died in 23 BC, and thus he may have thought that his time left was short. To Augustus, one major weakness in his constitution was his status as Consul.[6] While it is true that his prestige minimized the risk of obstruction at the hands of a co-Consul, this risk still existed. It was also unusual (and unprecedented) for an individual to be elected to the Consulship nine times in a row, as Augustus had been. In addition, tradition did subject the Consulship to certain restrictions, such as the traditional etiquette shown by the two Consuls towards each other.[6] While Augustus did consider the possibility to making himself sole Consul, he realized that this was too radical of a departure from tradition. Therefore, as a 'concession', he gave up his Consulship, and modified both his Proconsular imperium and his Tribunician powers.[6] It is not known exactly how Augustus modified his Proconsular imperium, but it is known that he was allowed to retain this imperium in the city of Rome.[6] Normally, any magistrate had to surrender their imperium while they were inside the city. In addition, his Proconsular imperium was formally modified to give him both a status and an authority above even a Consul.[6]
Since these changes gave him an unprecedented ability to coerce citizens, he risked damaging his popularity. To compensate for this risk, he had his
Augustus' final goal was to figure out a method to ensure an orderly succession. Under Augustus' constitution, the Senate and the People of Rome held the supreme power, and all of his special powers were granted for either a fixed term, or for life. Therefore, Augustus could not transfer his powers to a successor upon his death.
From Tiberius to Vitellius
When Augustus died in 14 AD, the Principate legally ended.
Arguably, the most significant flaw in the constitution left by Augustus concerned the matter of succession. This deadly flaw was violently exposed in the year 69.
The governor of
The Flavian emperors
Under the emperor Vespasian, the Roman constitution began a slide toward outright monarchy.[citation needed] Vespasian appointed citizens throughout the empire to the senate,[18] and granted many more citizenship.[18] Before Vespasian, one usually had to be elected to a magisterial office before they could become a senator. Since the senate elected individuals to magisterial offices, the senate controlled its own membership, but under Vespasian, the senate lost this power. This act alone weakened the prestige, and thus the power, of both the senate and the magisterial offices.[18] Under Vespasian, the senate returned to its original role as an advisory council. Vespasian's reforms, however, did a great deal to strengthen the empire.[19] The honors which the emperor now bestowed upon citizens were highly sought after. Individuals who had received such honors were proud of them, and as a consequence became more loyal to the emperor, while individuals who had not yet received such honors sought to earn them. Several future emperors (such as Trajan, Hadrian, and Marcus Aurelius) emerged as a consequence of these reforms.[19] Despite the success that Vespasian had in strengthening the empire, he failed to address the issue of succession, although he may have chosen not to address this issue because, with two sons, he was easily able to secure the accession of his own successor.[19] He had made his son, Titus, his colleague in both the Consulship and the Censorship, granted him the tribunician powers, and following his successes in Judea, granted him the honorary title of imperator.[19] Vespasian died in 79.
Domitian's reign marked a significant turning point on the road to monarchy.[20] After making himself Consul for ten years, Domitian made himself Censor for life, and unlike his father, he used these powers to further subjugate the senate by controlling its membership.[20] He also changed the law so that he could preside over capital trials against senators. The manner in which he was able to dominate his Consular colleagues helped to further illustrate the powerlessness of the Consulship.[20] To reduce the risk of an armed uprising against him, Domitian ensured that no single general could command more than two legions at once.[21] Domitian did, however, divide the empire into smaller administrative units. This system was quite efficient, and was revived two centuries later by the emperor Diocletian. Domitian, ultimately, was a tyrant with the character which always makes tyranny repulsive,[21] and this derived in part from his own paranoia. Since he had no son, and thus no obvious heir, he was constantly in danger of being overthrown.[22] Thus, the unresolved issue of succession again proved to be deadly, and in September 96, Domitian was murdered.
From Nerva to the abolition of the Principate
Nerva, who was elected by the Senate, reversed some of the abuses committed by Domitian, such as the practice of prosecuting individuals for disrespecting the emperor.
Hadrian succeeded Trajan as emperor. By far, his most important constitutional alteration was his creation of a bureaucratic apparatus,[24] which included a fixed gradation of clearly defined offices, and a corresponding order of promotion. Many of the functions that had been outsourced in the past, such as tax collection, were now to be performed by the state.[24] Hadrian adopted Antoninus Pius, made him his heir, and died shortly thereafter. No real changes to the constitution were made during the reign of Antoninus Pius.[25] He made Marcus Aurelius his heir in 161, and died shortly thereafter. The most significant constitutional development that occurred during the reign of Marcus Aurelius was the revival of the republican principle of collegiality,[25] as he made his brother, L. Aelius, his co-emperor. Marcus Aurelius ruled the western half of the empire, while his brother ruled the eastern half of the empire. In 169, Aelius died, and in 176, Marcus Aurelius made his son, L. Aurelius Commodus, his new co-emperor. This arrangement was revived more than a century later, when the emperor Diocletian established the Tetrarchy. In 180, Marcus Aurelius died, and Commodus became emperor. Commodus' tyranny revived the worst memories of the later Julian emperors,[26] as he was more explicit than any of his predecessors in taking powers that he did not legally have, and in disregarding the constitution. He was killed in 192.
No further constitutional reforms were enacted during the Principate.[citation needed] The only development of any significance was the continuing slide towards monarchy, as the constitutional distinctions that had been set up by Augustus lost whatever meaning that they still had. Starting in 235, with the reign of the barbarian emperor Maximinus Thrax, the empire was put through a period of severe military, civil, and economic stress. The crisis arguably reached its height during the reign of Gallienus, from 260 to 268. The crisis ended with the accession of Diocletian in 284, and the abolishment of the Principate.
See also
- Roman Kingdom
- Roman Republic
- Roman Empire
- Roman Law
- Plebeian Council
- Centuria
- Curia
- Roman consul
- Praetor
- Roman censor
- Quaestor
- Aedile
- Roman Dictator
- Master of the Horse
- Cursus honorum
- Byzantine Senate
- Pontifex Maximus
- Princeps senatus
- Interrex
- Promagistrate
- Acta Senatus
Notes
- ^ a b c d e Taylor 1899, pp. 410–417.
- ^ a b c d Abbott 1901, p. 266.
- ^ a b c Abbott 1901, p. 267.
- ^ a b c d e Abbott 1901, p. 269.
- ^ a b Abbott 1901, p. 268.
- ^ a b c d e f g Abbott 1901, p. 270.
- ^ a b c d Abbott 1901, p. 271.
- ^ a b c d e Abbott 1901, p. 272.
- ^ a b c Abbott 1901, p. 273.
- ^ a b c Abbott 1901, p. 289.
- ^ a b c Abbott 1901, p. 292.
- ^ Abbott 1901, p. 293.
- ^ Abbott 1901, p. 294.
- ^ a b Abbott 1901, p. 296.
- ^ a b c d e f Abbott 1901, p. 297.
- ^ Abbott 1901, p. 303.
- ^ a b Abbott 1901, p. 298.
- ^ a b c Abbott 1901, p. 308.
- ^ a b c d Abbott 1901, p. 309.
- ^ a b c Abbott 1901, p. 310.
- ^ a b Abbott 1901, p. 311.
- ^ Abbott 1901, p. 312.
- ^ a b c d Abbott 1901, p. 317.
- ^ a b c Abbott 1901, p. 318.
- ^ a b Abbott 1901, p. 319.
- ^ Abbott 1901, p. 320.
References
- Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics. ISBN 0-543-92749-0.
- Byrd, Robert (1995). The Senate of the Roman Republic. US 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. Vol. 1 (Translated from the original, with Dissertations and Notes in Two Volumes By Francis Barham, Esq ed.). London: Edmund Spettigue.
- Holland, Tom (2005). Rubicon: The Last Years of the Roman Republic. Random House Books. ISBN 1-4000-7897-0.
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press. ISBN 0-19-926108-3.
- Polybius (1823). The General History of Polybius: Translated from the Greek. Vol. 2 (Fifth ed.). Oxford: Printed by W. Baxter.
- Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press. ISBN 0-472-08125-X.
- Taylor, Lily Ross; Scott, Russell T (1969). "Seating Space in the Roman Senate and the Senatores Pedarii". Transactions and Proceedings of the American Philological Association. 100. The Johns Hopkins University Press: 529–582. JSTOR 2935928.
- Taylor, Thomas Marris (1899). A Constitutional and Political History of Rome. London: Methuen & Co.
Further reading
- Cambridge Ancient History, Volumes 9–13.
- 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. Researches Into the History of the Roman Constitution. William Pickering. 1853.
- 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. The Histories
- Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
- 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
- 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
- The Roman Constitution to the Time of Cicero
- What a Terrorist Incident in Ancient Rome Can Teach Us