Roman Magistrates
Encyclopedia
The Roman Magistrates were elected officials in Ancient Rome
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....

. During the period of the Roman Kingdom
Roman Kingdom
The Roman Kingdom was the period of the ancient Roman civilization characterized by a monarchical form of government of the city of Rome and its territories....

, the King of Rome
King of Rome
The King of Rome was the chief magistrate of the Roman Kingdom. According to legend, the first king of Rome was Romulus, who founded the city in 753 BC upon the Palatine Hill. Seven legendary kings are said to have ruled Rome until 509 BC, when the last king was overthrown. These kings ruled for...

 was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...

, lawgiver
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...

, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

, and the sole commander of the army
Roman army
The Roman army is the generic term for the terrestrial armed forces deployed by the kingdom of Rome , the Roman Republic , the Roman Empire and its successor, the Byzantine empire...

. When the king died, his power reverted to 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...

, which then chose an 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....

 to facilitate the election of a new king. During the transition from monarchy
Roman Kingdom
The Roman Kingdom was the period of the ancient Roman civilization characterized by a monarchical form of government of the city of Rome and its territories....

 to republic, the constitutional balance of power shifted from the executive (the Roman King) to the Roman Senate. When 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...

 was founded in 509 BC, the powers that had been held by the king were transferred to the Roman Consuls, of which two were to be elected each year. Magistrates of the republic were elected by 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...

, and were each vested with a degree of power, called "major powers" (maior potestas). Dictators
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...

 had more "major powers" than any other magistrate, and after the Dictator was the Censor, and then the Consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...

, and then the 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...

, and then the Curule Aedile, and then the 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....

. Any magistrate could obstruct ("veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...

") an action that was being taken by a magistrate with an equal or lower degree of magisterial powers. By definition, Plebeian Tribunes
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...

 and Plebeian Aediles
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...

 were technically not magistrates since they were elected only by the Plebeians, and as such, they were independent of all other magistrates.

During the transition from republic to empire, the constitutional balance of power shifted from the Roman Senate back to the executive (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...

). Theoretically, the senate elected each new emperor; in practice each emperor chose his own successor, though the choice was often overruled by the army or civil war. 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" and the "proconsular powers". 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. 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
Military tribune
A military tribune was an officer of the Roman army who ranked below the legate and above the centurion...

. 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, while 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 abolished shortly thereafter.

Executive magistrates of the Roman Kingdom

The Executive Magistrates of the Roman Kingdom were elected officials of the ancient Roman Kingdom
Roman Kingdom
The Roman Kingdom was the period of the ancient Roman civilization characterized by a monarchical form of government of the city of Rome and its territories....

. During the period of the Roman Kingdom, the Roman King was the principal executive magistrate. He was the chief executive, chief priest, chief lawgiver
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...

, chief judge, and the sole commander-in-chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...

 of the army. His powers rested on law and legal precedent, and he could only receive these powers through the political process of an election. In practice, he 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 chose several officers to assist him, and unilaterally granted them their powers. When the king left the city, an Urban Prefect presided over the city in place of the absent king. The king also had two Quaestors as general assistants, while several other officers assisted the king during treason cases. In war, the king occasionally commanded only the infantry, and delegated command over the cavalry to the commander of his personal bodyguards, the Tribune of the Celeres. The king sometimes deferred to precedent, often simply out of practical necessity. While the king could unilaterally declare war, for example, he typically wanted to have such declarations ratified by the popular assembly.

The period between the death of a king, and the election of a new king, was known as the interregnum
Interregnum
An interregnum is a period of discontinuity or "gap" in a government, organization, or social order...

. During the interregnum, the senate elected a senator to the office 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....

  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
Curiate Assembly
The Curiate Assembly was the principal assembly during the first two decades of the Roman Republic. During these first decades, the People of Rome were organized into thirty units called "Curia"...

 (the popular assembly). After the nominee was elected by the popular assembly, the senate ratified the election by passing a decree. 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
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...

) by the popular assembly.

Executive magistrates of the Roman Republic

The Roman Magistrates were elected officials of the Roman Republic. Each Roman magistrate was vested with a degree of power. Dictators
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...

 had the highest level of power. After the Dictator was the Censor, and then the 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...

, and then the 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...

, and then the Curule 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...

, and finally the 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....

. Each magistrate could only veto an action that was taken by a magistrate with an equal or lower degree of power. Since Plebeian Tribunes (as well as Plebeian Aediles) were technically not magistrates, they relied on the sacrosanctity of their person to obstruct. If one did not comply with the orders of a Plebeian Tribune, the Tribune could 'interpose the sacrosanctity of his person (intercessio) to physically stop that particular action. Any resistance against the Tribune was considered to be a capital offense.

The most significant constitutional power that a magistrate could hold was that of "Command" (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...

), which was held only by Consuls and Praetors. This gave a magistrate the constitutional authority to issue commands (military or otherwise). 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, these magistrates occasionally had their command powers extended, which, in effect, allowed them to retain the powers of their office as a Promagistrate
Promagistrate
A promagistrate is a person who acts in and with the authority and capacity of a magistrate, but without holding a magisterial office. A legal innovation of the Roman Republic, the promagistracy was invented in order to provide Rome with governors of overseas territories instead of having to elect...

.

The Consul of the Roman Republic was the highest ranking ordinary magistrate. Two Consuls were elected every year, and they had supreme power in both civil and military matters. Throughout the year, one Consul was superior in rank to the other Consul, and this ranking flipped every month, between the two Consuls. Praetors administered civil law, presided over the courts, and commanded provincial armies. Another magistrate, the Censor, conducted 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...

, during which time they could appoint people to the senate. Aediles were officers elected to conduct domestic affairs in Rome, and were vested with powers over the markets, and over public games and shows. Quaestors usually assisted the Consuls in Rome, and the governors in the provinces with financial tasks. Two other magistrates, the Plebeian Tribunes and the Plebeian Aediles, were considered to be the representatives of the people. Thus, they acted as a popular check over the senate (through their veto powers), and safeguarded the civil liberties of all Roman citizens.

In times of military emergency, a Roman Dictator was appointed for a term of six months. Constitutional government dissolved, and the Dictator became the absolute master of the state. The Dictator then appointed a Master of the Horse to serve as his most senior lieutenant. Often the Dictator resigned his office as soon as the matter that caused his appointment was resolved. When the Dictator's term ended, constitutional government was restored. The last ordinary Dictator was appointed in 202 BC. After 202 BC, extreme emergencies were addressed through the passage of the decree senatus consultum ultimum
Senatus consultum ultimum
Senatus consultum ultimum , more properly senatus consultum de re publica defendenda is the modern term given to a decree of the Roman Senate during the late Roman Republic passed in times of emergency...

("ultimate decree of the senate"). This suspended civil government, declared martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...

, and vested the Consuls with Dictatorial powers.

Executive magistrates of the Roman Empire

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 Proconsuls, 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 Consuls 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...

, Praetorship, 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...

, Aedileship, Quaestorship, 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
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...

, 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.

See also

Primary sources


Secondary source material

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