Constitution of the Roman Empire
Encyclopedia
The Constitution of the Roman Empire was an unwritten set of guidelines and principles passed down mainly through precedent. After the fall of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...

, the constitutional balance of power shifted from the Roman Senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...

 to the Roman Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...

. Beginning with the first emperor, Augustus
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...

, the emperor and the senate were technically two co-equal branches of government. In practice, however the actual authority of the imperial senate was negligible, as the emperor held the true power of the state. During the reign of the second Roman Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...

, Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...

, the powers that had been held by the Roman assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...

 were transferred to the senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...

. The neutering of the assemblies had become inevitable, in part because the electors were often ignorant as to the merits of the important questions that were laid before them.

The powers of an emperor existed by virtue of his legal standing. The two most significant components to an emperor's power were the "tribunician powers" and the "proconsular powers". The tribunician powers gave the emperor authority over Rome's civil government, while the proconsular powers gave him authority over the Roman army. While these distinctions were clearly defined during the early empire, eventually they were lost, and the emperor's powers became less constitutional and more monarchical. The traditional magistracies that survived the fall of the republic were the Consulship
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...

, Praetor
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...

ship, Plebeian Tribunate
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...

, Aedile
Aedile
Aedile was an office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings and regulation of public festivals. They also had powers to enforce public order. There were two pairs of aediles. Two aediles were from the ranks of plebeians and the other...

ship, Quaestor
Quaestor
A Quaestor was a type of public official in the "Cursus honorum" system who supervised financial affairs. In the Roman Republic a quaestor was an elected official whereas, with the autocratic government of the Roman Empire, quaestors were simply appointed....

ship, and Military Tribunate
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...

. Any individual of the senatorial class could run for one of these offices. If an individual was not of the senatorial class, he could run for one of these offices if he was allowed to run by the emperor, or otherwise, he could be appointed to one of these offices by the emperor. Mark Antony
Mark Antony
Marcus Antonius , known in English as Mark Antony, was a Roman politician and general. As a military commander and administrator, he was an important supporter and loyal friend of his mother's cousin Julius Caesar...

 abolished the offices of Roman Dictator
Roman dictator
In the Roman Republic, the dictator , was an extraordinary magistrate with the absolute authority to perform tasks beyond the authority of the ordinary magistrate . The office of dictator was a legal innovation originally named Magister Populi , i.e...

 and Master of the Horse
Master of the Horse
The Master of the Horse was a position of varying importance in several European nations.-Magister Equitum :...

 during his Consulship in 44 BC, and shortly thereafter the offices of Interrex
Interrex
The Interrex was literally a ruler "between kings" during the Roman Kingdom and the Roman Republic. He was in effect a short-term regent....

 and Roman Censor were also abolished.

Constitutional history

In the year 88 BC, Lucius Cornelius Sulla
Lucius Cornelius Sulla
Lucius Cornelius Sulla Felix , known commonly as Sulla, was a Roman general and statesman. He had the rare distinction of holding the office of consul twice, as well as that of dictator...

 was elected Consul of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...

, and began a civil war. While it ended within a decade, it was the first in a series civil wars that wouldn't end until the year 30 BC. The general who won the last civil war of the Roman Republic, Gaius Octavian
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...

, became the master of the state. Octavian was the adopted son and heir of Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....

. In the years after 30 BC, Octavian set out to reform the Roman constitution
Roman Constitution
The Roman Constitution was an uncodified set of guidelines and principles passed down mainly through precedent. The Roman constitution was not formal or even official, largely unwritten and constantly evolving. Concepts that originated in the Roman constitution live on in constitutions to this day...

. The ultimate consequence of these reforms was the abolition of the republic, and the founding of the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....

. When Octavian returned to Rome two years after defeating Mark Antony
Mark Antony
Marcus Antonius , known in English as Mark Antony, was a Roman politician and general. As a military commander and administrator, he was an important supporter and loyal friend of his mother's cousin Julius Caesar...

, no one remained to oppose him. Decades of war had taken a terrible toll on the People of Rome
SPQR
SPQR is an initialism from a Latin phrase, Senatus Populusque Romanus , referring to the government of the ancient Roman Republic, and used as an official emblem of the modern day comune of Rome...

. The political situation was unstable, and there was a constant threat of renewed warfare. Octavian's arrival alone caused a wave of optimism to ripple throughout Italy. As soon as he arrived, he began addressing the problems that were plaguing Rome. Octavian's popularity soon reached new heights, which ultimately gave him the support he needed to implement his reforms.

When Octavian deposed Mark Antony in 32 BC, he resigned his position as triumvir, but was probably vested with powers similar to those that he had given up. Octavian wanted to solidify his status as master of the state, but avoid the fate of his adopted father
Ides of March
The Ides of March is the name of the 15th day of March in the Roman calendar, probably referring to the day of the full moon. The word Ides comes from the Latin word "Idus" and means "half division" especially in relation to a month. It is a word that was used widely in the Roman calendar...

. On January 13 of 27 BC, Octavian transferred control of the state back to the Senate and the People of Rome
SPQR
SPQR is an initialism from a Latin phrase, Senatus Populusque Romanus , referring to the government of the ancient Roman Republic, and used as an official emblem of the modern day comune of Rome...

, but neither the Senate nor the People of Rome were willing to accept what was, in effect, Octavian's resignation. Octavian was allowed to remain Roman Consul
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...

 (the chief-executive under the old Republic), and was also allowed to retain his tribunician powers (similar to those of the Plebeian Tribunes, or chief representatives of the people). This arrangement, in effect, functioned as a popular ratification of his position within the state. The Senate then granted Octavian a unique grade of Proconsul
Proconsul
A proconsul was a governor of a province in the Roman Republic appointed for one year by the senate. In modern usage, the title has been used for a person from one country ruling another country or bluntly interfering in another country's internal affairs.-Ancient Rome:In the Roman Republic, a...

ar command authority (imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...

) for a period of ten years. With this particular grade of power, he was given power and authority over all of Rome's military governors, and thus, over the entire Roman army. Octavian was also granted the title of "Augustus" ("venerable") and of Princeps
Princeps
Princeps is a Latin word meaning "first in time or order; the first, chief, the most eminent, distinguished, or noble; the first man, first person."...

("first citizen"). In 23 BC, Augustus (as Octavian now called himself) gave up his Consulship, and expanded both his Proconsular imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...

and his tribunician powers. After these final reforms had been instituted, Augustus never again altered his constitution. Augustus' final goal was to figure out a method to ensure an orderly succession. Augustus could not transfer his powers to a successor upon his death, and so any successor needed to have powers that were independent of Augustus' own powers. In 6 BC Augustus granted tribunician powers to his stepson Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...

, and quickly recognized Tiberius as his heir. In 13 AD a law was passed which made Tiberius' legal powers equivalent to, and independent from, those of Augustus. Within a year, Augustus was dead.

When Augustus died in 14 AD, the Principate legally ended. Tiberius knew that if he secured the support of the army, the rest of the government would soon follow. Therefore, Tiberius assumed command of the Praetorian Guard
Praetorian Guard
The Praetorian Guard was a force of bodyguards used by Roman Emperors. The title was already used during the Roman Republic for the guards of Roman generals, at least since the rise to prominence of the Scipio family around 275 BC...

, and used his Proconsular imperium to force the armies to swear allegiance to him. As soon as this occurred, the Senate and the magistrates acquiesced. Under Tiberius, the power to elect magistrates was transferred from the assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...

 to the Senate. When Tiberius died, Caligula
Caligula
Caligula , also known as Gaius, was Roman Emperor from 37 AD to 41 AD. Caligula was a member of the house of rulers conventionally known as the Julio-Claudian dynasty. Caligula's father Germanicus, the nephew and adopted son of Emperor Tiberius, was a very successful general and one of Rome's most...

 was proclaimed Emperor by the Senate. In 41 Caligula was assassinated, and for two days following his assassination, the Senate debated the merits of restoring the Republic. Due to the demands of the army, however, Claudius
Claudius
Claudius , was Roman Emperor from 41 to 54. A member of the Julio-Claudian dynasty, he was the son of Drusus and Antonia Minor. He was born at Lugdunum in Gaul and was the first Roman Emperor to be born outside Italy...

 was ultimately declared Emperor. Claudius' antiquarian interests resulted in his attempts to revive the old Censorship
Censor (ancient Rome)
The censor was an officer in ancient Rome who was responsible for maintaining the census, supervising public morality, and overseeing certain aspects of the government's finances....

, but he was ultimately killed, and Nero
Nero
Nero , was Roman Emperor from 54 to 68, and the last in the Julio-Claudian dynasty. Nero was adopted by his great-uncle Claudius to become his heir and successor, and succeeded to the throne in 54 following Claudius' death....

 was declared Emperor.

In the decades after the death of Augustus, the Roman Empire was, in a sense, a union of inchoate principalities, which could have disintegrated at any time. In 68 AD, Ser. Sulpicius Galba
Galba
Galba , was Roman Emperor for seven months from 68 to 69. Galba was the governor of Hispania Tarraconensis, and made a bid for the throne during the rebellion of Julius Vindex...

, the governor of Hispania Tarraconensis
Hispania Tarraconensis
Hispania Tarraconensis was one of three Roman provinces in Hispania. It encompassed much of the Mediterranean coast of Spain along with the central plateau. Southern Spain, the region now called Andalusia, was the province of Hispania Baetica...

, was proclaimed Emperor by his troops. In Rome, the emperor Nero quickly lost his supporters and committed suicide, although Galba did not prove to be a wise leader. The governor of Lower Germany, A. Vitellius
Vitellius
Vitellius , was Roman Emperor for eight months, from 16 April to 22 December 69. Vitellius was acclaimed Emperor following the quick succession of the previous emperors Galba and Otho, in a year of civil war known as the Year of the Four Emperors...

, was soon proclaimed Emperor by his troops, and in Rome, the Praetorian Guard proclaimed M. Salvius Otho
Otho
Otho , was Roman Emperor for three months, from 15 January to 16 April 69. He was the second emperor of the Year of the four emperors.- Birth and lineage :...

 Emperor. In January of 69, Galba was assassinated, and the Senate proclaimed Otho Emperor. Otho took an army to Germany to defeat Vitellius, but was himself defeated by Vitellius. He committed suicide, and Vitellius was proclaimed Emperor by the Senate. Another general, Vespasian
Vespasian
Vespasian , was Roman Emperor from 69 AD to 79 AD. Vespasian was the founder of the Flavian dynasty, which ruled the Empire for a quarter century. Vespasian was descended from a family of equestrians, who rose into the senatorial rank under the Emperors of the Julio-Claudian dynasty...

, soon defeated Vitellius. Vitellius was executed, and Vespasian was named Augustus, elected Consul, and given tribunician powers.

Under the emperor Vespasian, the Roman constitution began a slide toward outright monarchy, in part because the senate returned to its original role as an advisory council. Vespasian died in 79, and was succeeded by his son, Titus. Titus'
Titus
Titus , was Roman Emperor from 79 to 81. A member of the Flavian dynasty, Titus succeeded his father Vespasian upon his death, thus becoming the first Roman Emperor to come to the throne after his own father....

 reign did not last long enough for him to enact many constitutional changes. His reign, however, did see a further weakening in the powers of the Senate. He was succeeded by his brother, Domitian, in 81. Domitian's
Domitian
Domitian was Roman Emperor from 81 to 96. Domitian was the third and last emperor of the Flavian dynasty.Domitian's youth and early career were largely spent in the shadow of his brother Titus, who gained military renown during the First Jewish-Roman War...

 reign marked a significant turning point on the road to monarchy. 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. Domitian, ultimately, was a tyrant with the character which always makes tyranny repulsive, and this derived in part from his own paranoia, which itself was a consequence of the fact that he had no son. Since he had no son, and thus no obvious heir, he was constantly in danger of being overthrown. Thus, the unresolved issue of succession again proved to be deadly, and in September of 96, Domitian was murdered.

Senate

The Senate of the Roman Empire was a political institution in the ancient Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....

. After the fall of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...

, the constitutional balance of power shifted from the Roman Senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...

 to the Roman Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...

. Beginning with the first emperor, Augustus
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...

, the emperor and the senate were technically two co-equal branches of government. In practice, however the actual authority of the imperial senate was negligible, as the emperor held the true power of the state. As such, membership in the senate became sought after by individuals seeking prestige and social standing, rather than actual authority. During the reigns of the first emperors, legislative, judicial, and electoral powers were all transferred from the Roman assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...

 to the senate. However, since the control that the emperor held over the senate was absolute, the senate acted as a vehicle through which the emperor exercised his autocratic powers.
The first emperor, Augustus, inherited a senate whose membership had been increased to 900 senators by his predecessor, the Roman Dictator
Roman dictator
In the Roman Republic, the dictator , was an extraordinary magistrate with the absolute authority to perform tasks beyond the authority of the ordinary magistrate . The office of dictator was a legal innovation originally named Magister Populi , i.e...

 Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....

. Augustus reduced the size of the senate to 600 members, and after this point, the size of the senate was never again drastically altered. One could become a senator by being elected Quaestor
Quaestor
A Quaestor was a type of public official in the "Cursus honorum" system who supervised financial affairs. In the Roman Republic a quaestor was an elected official whereas, with the autocratic government of the Roman Empire, quaestors were simply appointed....

 (a magistrate with financial duties). However, one could only stand for election to the Quaestorship if one was of senatorial rank, and to be of senatorial rank, one had to be the son of a senator. If an individual was not of senatorial rank, there were two ways for that individual to become a senator. Under the first method, the emperor granted that individual the authority to stand for election to the Quaestorship, while under the second method, the emperor appointed that individual to the senate.

The power that the emperor held over the senate was absolute, which was due, in part, to the fact that the emperor held office for life. During senate meetings, the emperor sat between the two Consuls, and usually acted as the presiding officer. Higher ranking senators spoke before lower ranking senators, although the emperor could speak at any time. Most of the bills that came before the senate were presented by the emperor, who had usually appointed a committee to draft each bill before presenting it. While the Roman assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...

 continued to meet after the founding of the empire, their powers were all transferred to the senate, and so senatorial decrees (senatus consulta) acquired the full force of law. The legislative powers of the imperial senate were principally of a financial and an administrative nature, although the senate did retain a range of powers over the provinces. During the early empire, all judicial powers that had been held by the Roman assemblies were also transferred to the senate. For example, the senate now held jurisdiction over criminal trials. In these cases, a Consul presided, the senators constituted the jury, and the verdict was handed down in the form of a decree (senatus consultum), and, while a verdict could not be appealed, the emperor could pardon a convicted individual through a veto. In theory, the senate elected new emperors, while in conjunction with the popular assemblies, it would then confer upon the new emperor his command powers (imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...

). After an emperor had died or abdicated his office, the senate would often deify him, although sometimes it would pass a decree (damnatio memoriae
Damnatio memoriae
Damnatio memoriae is the Latin phrase literally meaning "condemnation of memory" in the sense of a judgment that a person must not be remembered. It was a form of dishonor that could be passed by the Roman Senate upon traitors or others who brought discredit to the Roman State...

or "damnation from memory") which would attempt to cancel every trace of that emperor from the life of Rome, as if he had never existed. The emperor Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...

 transferred all electoral powers from the assemblies to the senate, and, while theoretically the senate elected new magistrates, the approval of the emperor was always needed before an election could be finalized.

Legislative Assemblies

The Legislative Assemblies of the Roman Empire were political institutions in the ancient Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....

. During the reign of the second Roman Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...

, Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...

, the powers that had been held by the Roman assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...

 (the comitia) were transferred to the senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...

. The neutering of the assemblies had become inevitable because the electors were, in general, ignorant as to the merits of the important questions that were laid before them, and often willing to sell their votes to the highest bidder. After the founding of the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....

, the People of Rome continued to organize by Centuries and by Tribes, but by this point, these divisions had lost most of their relevance.
While the machinery of the Century Assembly
Century Assembly
The Century Assembly of the Roman Republic was the democratic assembly of Roman soldiers. During the years of the Roman Republic, citizens were organized on the basis of Centuries for military purposes. The Centuries gathered into the Century Assembly for legislative, electoral, and judicial...

 continued to exist well into the life of the empire, the assembly lost all of its practical relevance. Under the empire, all gatherings of the Century Assembly were in the form of an unsorted convention. Legislation was never submitted to the imperial Century Assembly, and the one major legislative power that this assembly had held under the republic, the right to declare war, was now held exclusively by the emperor. All judicial powers that had been held by the republican Century Assembly were transferred to independent jury courts, and under the emperor Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...

, all of its former electoral powers were transferred to the senate. After it had lost all of these powers, it had no remaining authority. Its only remaining function was, after the senate had 'elected' the magistrates, to hear the renuntiatio, The renuntiatio had no legal purpose, but instead was a ceremony in which the results of the election were read to the electors. This allowed the emperor to claim that the magistrates had been "elected" by a sovereign people.

After the founding of the empire, the tribal divisions of citizens and freedmen continued, but the only political purpose of the tribal divisions was such that they better enabled the senate to maintain a list of citizens. Tribal divisions also simplified the process by which grain was distributed. Eventually, most freedmen belonged to one of the four urban tribes, while most freemen belonged to one of the thirty-one rural tribes. Under the emperor Tiberius, the electoral powers of the Tribal Assembly
Tribal Assembly
The Tribal Assembly of the Roman Republic was the democratic assembly of Roman citizens. During the years of the Roman Republic, citizens were organized on the basis of thirty-five Tribes: Four Tribes encompassed citizens inside the city of Rome, while the other thirty-one Tribes encompassed...

 were transferred to the senate. Each year, after the senate had elected the annual magistrates, the Tribal Assembly also heard the renuntiatio. Any legislation that the emperor submitted to the assemblies for ratification were submitted to the Tribal Assembly. The assembly ratified imperial decrees, starting with the emperor Augustus
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...

, and continuing until the emperor Domitian
Domitian
Domitian was Roman Emperor from 81 to 96. Domitian was the third and last emperor of the Flavian dynasty.Domitian's youth and early career were largely spent in the shadow of his brother Titus, who gained military renown during the First Jewish-Roman War...

. The ratification of legislation by the assembly, however, had no legal importance as the emperor could make any decree into law, even without the acquiescence of the assemblies. Thus, under the empire, the chief executive again became the chief lawgiver, which was a power he had not held since the days of the early republic. The Plebeian Council
Plebeian Council
The Concilium Plebis — known in English as the Plebeian Council or People's Assembly — was the principal popular assembly of the ancient Roman Republic. It functioned as a legislative assembly, through which the plebeians could pass laws, elect magistrates, and try judicial cases. The Plebeian...

 also survived the fall of the republic, and it also lost its legislative, judicial and electoral powers to the senate. By virtue of his tribunician powers
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...

, the emperor always had absolute control over the council.

Executive Magistrates

The Executive Magistrates of the Roman Empire were elected individuals of the ancient Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....

. The powers of an emperor, (his imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...

) existed, in theory at least, by virtue of his legal standing. The two most significant components to an emperor's imperium were the "tribunician powers" (potestas tribunicia) and the "proconsular powers" (imperium proconsulare). In theory at least, the tribunician powers (which were similar to those of the Plebeian Tribunes under the old republic) gave the emperor authority over Rome's civil government, while the proconsular powers (similar to those of military governors, or Proconsul
Proconsul
A proconsul was a governor of a province in the Roman Republic appointed for one year by the senate. In modern usage, the title has been used for a person from one country ruling another country or bluntly interfering in another country's internal affairs.-Ancient Rome:In the Roman Republic, a...

s, under the old republic) gave him authority over the Roman army. While these distinctions were clearly defined during the early empire, eventually they were lost, and the emperor's powers became less constitutional and more monarchical.
By virtue of his proconsular powers, the emperor held the same grade of military command authority as did the chief magistrates (the Roman Consul
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...

s and Proconsuls) under the republic. However, the emperor was not subject to the constitutional restrictions that the old Consuls and Proconsuls had been subject to. Eventually, he was given powers that, under the republic, had been reserved for the Roman Senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...

 and the Roman assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...

, including the right to declare war, to ratify treaties, and to negotiate with foreign leaders. The emperor's degree of Proconsular power gave him authority over all of Rome's military governors, and thus, over most of the Roman army. The emperor's tribunician powers
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...

 gave him power over Rome's civil apparatus, as well as the power to preside over, and thus to dominate, the assemblies and the senate. When an emperor was vested with the tribunician powers, his office and his person became sacrosanct, and thus it became a capital offense to harm or to obstruct the emperor. The emperor also had the authority to carry out a range of duties that, under the republic, had been performed by the Roman Censors. Such duties included the authority to regulate public morality (censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...

) and to conduct a census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...

. As part of the census, the emperor had the power to assign individuals to a new social class, including the senatorial class, which gave the emperor unchallenged control over senate membership. The emperor also had the power to interpret laws and to set precedents. In addition, the emperor controlled the religious institutions
Religion in ancient Rome
Religion in ancient Rome encompassed the religious beliefs and cult practices regarded by the Romans as indigenous and central to their identity as a people, as well as the various and many cults imported from other peoples brought under Roman rule. Romans thus offered cult to innumerable deities...

, since, as emperor, he was always Pontifex Maximus
Pontifex Maximus
The Pontifex Maximus was the high priest of the College of Pontiffs in ancient Rome. This was the most important position in the ancient Roman religion, open only to patricians until 254 BC, when a plebeian first occupied this post...

and a member of each of the four major priesthoods.

Under the empire, the citizens were divided into three classes, and for members of each class, a distinct career path was available (known as the cursus honorum
Cursus honorum
The cursus honorum was the sequential order of public offices held by aspiring politicians in both the Roman Republic and the early Empire. It was designed for men of senatorial rank. The cursus honorum comprised a mixture of military and political administration posts. Each office had a minimum...

). The traditional magistracies were only available to citizens of the senatorial class. The magistracies that survived the fall of the republic were (by their order of rank per the cursus honorum) the Consulship
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...

, Praetor
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...

ship, Plebeian Tribunate
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...

, Aedile
Aedile
Aedile was an office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings and regulation of public festivals. They also had powers to enforce public order. There were two pairs of aediles. Two aediles were from the ranks of plebeians and the other...

ship, Quaestor
Quaestor
A Quaestor was a type of public official in the "Cursus honorum" system who supervised financial affairs. In the Roman Republic a quaestor was an elected official whereas, with the autocratic government of the Roman Empire, quaestors were simply appointed....

ship, and Military Tribunate
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...

. If an individual was not of the senatorial class, he could run for one of these offices if he was allowed to run by the emperor, or otherwise, he could be appointed to one of these offices by the emperor. During the transition from republic to empire, no office lost more power or prestige than the Consulship, which was due, in part, to the fact that the substantive powers of republican Consuls were all transferred to the emperor. Imperial Consuls could preside over the senate, could act as judges in certain criminal trials, and had control over public games and shows. The Praetors also lost a great deal of power, and ultimately had little authority outside of the city. The chief Praetor in Rome, the Urban Praetor, outranked all other Praetors, and for a brief time, they were given power over the treasury. Under the empire, the Plebeian Tribunes remained sacrosanct, and, in theory at least, retained the power to summon, or to veto, the senate and the assemblies. Augustus divided the college of Quaestors into two divisions, and assigned one division the task of serving in the senatorial provinces, and the other the task of managing civil administration in Rome. Under Augustus, the Aediles lost control over the grain supply to a board of commissioners. It wasn't until after they lost the power to maintain order in the city, however, that they truly became powerless, and the office disappeared entirely during the third century.

The end of the Principate

During the period that began with the accession of the emperor Nerva and ended with the death of the emperor Commodus, the empire continued to weaken. It was becoming difficult to recruit enough soldiers for the army, inflation was becoming an issue, and on at least one occasion, the empire almost went bankrupt. The most significant constitutional development during this era was the steady drift towards monarchy. It is not known exactly how M. Cocceius Nerva
Nerva
Nerva , was Roman Emperor from 96 to 98. Nerva became Emperor at the age of sixty-five, after a lifetime of imperial service under Nero and the rulers of the Flavian dynasty. Under Nero, he was a member of the imperial entourage and played a vital part in exposing the Pisonian conspiracy of 65...

 became emperor, although he was probably supported by the conspirators who overthrew Domitian. His reign, while too short for any major constitutional reforms, did reverse some of the abuses that his predecessor was responsible for. When Nerva died in January of 98, Trajan
Trajan
Trajan , was Roman Emperor from 98 to 117 AD. Born into a non-patrician family in the province of Hispania Baetica, in Spain Trajan rose to prominence during the reign of emperor Domitian. Serving as a legatus legionis in Hispania Tarraconensis, in Spain, in 89 Trajan supported the emperor against...

 succeeded him without opposition. Trajan went further than even Nerva had in restoring the image of a free republic. He refused to preside over capital trials against senators, and was away from Rome for such extended periods that the senate even regained some independent legislative abilities.

Hadrian
Hadrian
Hadrian , was Roman Emperor from 117 to 138. He is best known for building Hadrian's Wall, which marked the northern limit of Roman Britain. In Rome, he re-built the Pantheon and constructed the Temple of Venus and Roma. In addition to being emperor, Hadrian was a humanist and was philhellene in...

 succeeded Trajan as emperor. By far, his most important constitutional alteration was his creation of a bureaucratic apparatus, 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 were now to be performed by the state, and this system would be rived by the emperor Diocletian
Diocletian
Diocletian |latinized]] upon his accession to Diocletian . c. 22 December 244  – 3 December 311), was a Roman Emperor from 284 to 305....

 when he established the Tetrarchy
Tetrarchy
The term Tetrarchy describes any system of government where power is divided among four individuals, but usually refers to the tetrarchy instituted by Roman Emperor Diocletian in 293, marking the end of the Crisis of the Third Century and the recovery of the Roman Empire...

. Hadrian was succeed by Antonius Pius, who made no real changes to the constitution. He was succeeded by Marcus Aurelius in 161. The most significant constitutional development that occurred during the reign of Marcus Aurelius was the revival of the republican principle of collegiality
Collegiality
Collegiality is the relationship between colleagues.Colleagues are those explicitly united in a common purpose and respecting each other's abilities to work toward that purpose...

, 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 also revived when the emperor Diocletian established the Tetrarchy. In 180, Marcus Aurelius died, and Commodus
Commodus
Commodus , was Roman Emperor from 180 to 192. He also ruled as co-emperor with his father Marcus Aurelius from 177 until his father's death in 180. His name changed throughout his reign; see changes of name for earlier and later forms. His accession as emperor was the first time a son had succeeded...

 became emperor. Commodus' tyranny revived the worst memories of the later Julian emperors, 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. 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
Maximinus Thrax
Maximinus Thrax , also known as Maximinus I, was Roman Emperor from 235 to 238.Maximinus is described by several ancient sources, though none are contemporary except Herodian's Roman History. Maximinus was the first emperor never to set foot in Rome...

, the empire was put through a period of severe military, civil, and economic stress. The crisis arguably reached it height during the reign of Gallienus
Gallienus
Gallienus was Roman Emperor with his father Valerian from 253 to 260, and alone from 260 to 268. He took control of the Empire at a time when it was undergoing great crisis...

, from 260 to 268. The crisis ended with the accession of Diocletian in 284, and the abolishment of the Principate
Principate
The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...

.

See also

Primary sources


Secondary source material

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