Ministry of Education from Republic of Moldova Free International University of Moldova Law Faculty Department of Private Law

Topic: Senate decisions and imperial constitutions in Rome

Made by: Leahu elea Group D11 !hec"ed by: Mihalache Iurie Doctor of law

!hisinau #$%&

Senate of the Roman Empire

'he Senate of the Roman Empire was a political institution in the ancient Roman Empire( )fter the fall of the Roman Republic* the constitutional balance of power shifted from the +Roman ,enate+ to the +Roman Emperor(+ -e.innin. with the first emperor* )u.ustus* the Emperor and the ,enate were technically two co/e0ual branches of .overnment( In practice* however the actual authority of the imperial ,enate was ne.li.ible* as the Emperor held the true power of the state( )s such* membership in the ,enate became sou.ht after by individuals see"in. presti.e and social standin.* rather than actual authority( Durin. the rei.ns of the first Emperors* le.islative* 1udicial* and electoral powers were all transferred from the +Roman assemblies+ to the ,enate( 2owever* since the control that the Emperor held over the senate was absolute* the ,enate acted as a vehicle throu.h which the Emperor e3ercised his autocratic powers(

Procedure
'he first emperor* )u.ustus* inherited a ,enate whose membership had been increased to 4$$ senators by his predecessor* the +Roman Dictator+5ulius !aesar( )u.ustus sou.ht to reduce the si6e of the ,enate* and did so throu.h three revisions to the list of senators(7%8 -y the time that these revisions had been completed* the ,enate had been reduced to 9$$ members* and after this point* the si6e of the ,enate was never a.ain drastically altered( 'o reduce the si6e of the senate* )u.ustus e3pelled senators who were of low birth*7%8 and then he reformed the rules which specified how an individual could become a senator( Under )u.ustus: reforms* a senator had to be a citi6en of free birth* and have property worth at least %*$$$*$$$sesterces( Under the Empire* as was the case durin. the late Republic* one could become a senator by bein. elected +;uaestor+ <a ma.istrate with financial duties=( Under the Empire* however* one could only stand for election to the ;uaestorship if one was of senatorial ran"* and to be of senatorial ran"* one had to be the son of a senator(7%8 If an individual was not of senatorial ran"* there were two ways for that individual to become a senator( Under the first method* the Emperor .ranted that individual the authority to stand for election to the ;uaestorship*7%8 while under the second method* the Emperor appointed that individual to the senate by issuin. a decree <the adlectio=(7#8 -e.innin. in 4 -!* an official list of senators <the album senatorium= was maintained and revised each year( Individuals were added to the list if they had recently satisfied the re0uirements for entry into the ,enate* and were removed from the list if they no lon.er satisfied the re0uirements necessary to maintain senate membership(7#8 'he list named each senator by order of ran"(7#8 'he Emperor always outran"ed all of his fellow senators* and was followed by +Roman !onsuls+ <the hi.hest ran"in. ma.istrate= and former !onsuls* then by +Praetors+ <the ne3t hi.hest ran"in. ma.istrate= and former Praetors* and so on( ) senator:s tenure in elective office was considered when determinin. ran"* while senators who had been elected to an office

did not necessarily outran" senators who had been appointed to that same office by the Emperor7#8 Under the Empire* the power that the Emperor held over the ,enate was absolute* which was due* in part* to the fact that the Emperor held office for life(7&8 Durin. senate meetin.s* the Emperor sat between the two !onsuls*7>8 and usually acted as the presidin. officer( ,enators of the early Empire could as" e3traneous 0uestions or re0uest that a certain action be ta"en by the ,enate( 2i.her ran"in. senators spo"e before lower ran"in. senators* althou.h the Emperor could spea" at any time(7>8 -esides the Emperor* !onsuls and Praetors could also preside over the senate( 'he ,enate ordinarily met in the Curia Julia* usually on either the ?alends <the first day of the month=* or the Ides <around the fifteenth day of the month=* althou.h scheduled meetin.s occurred more fre0uently in ,eptember and @ctober( @ther meetin.s were held on an ad hoc basis(7#8 Under )u.ustus* a 0uorum was set at >$$ senators* althou.h eventually e3cessive absenteeism forced the senate to lower the number of senators necessary for a 0uorum* and* on some matters* to revo"e the 0uorum rules alto.ether(7>8 Most of the bills that came before the ,enate were presented by the Emperor*7>8 who had usually appointed a committee to draft each bill before presentin. it( ,ince no senator could stand for election to a ma.isterial office without the Emperor:s approval* senators usually did not vote a.ainst bills that had been presented by the Emperor( If a senator disapproved of a bill* he usually showed his disapproval by not attendin. the ,enate meetin. on the day that the bill was to be voted on(7A8 Each Emperor selected a ;uaestor to compile the proceedin.s of the ,enate into a document <the acta senatus=* which included proposed bills* official documents* and a summary of speeches that had been presented before the ,enate( 'he document was archived* while parts of it were published <in a document called the acta diurna or +daily doin.s+= and then distributed to the public(7A8

Powers
Bhile the Roman assemblies continued to meet after the foundin. of the Empire* their powers were all transferred to the ,enate* and so senatorial decrees <senatus consulta= ac0uired the full force of law(7&8 'he le.islative powers of the Imperial ,enate were principally of a financial and an administrative nature* althou.h the senate did retain a ran.e of powers over the provinces( 7&8 'he ,enate could also re.ulate festivals and reli.ious cults* .rant special honors* e3cuse an individual <usually the Emperor= from le.al liability* mana.e temples and public .ames* and even enact ta3 laws <but only with the ac0uiescence of the Emperor=(7&8 2owever* it had no real authority over either the state reli.ion or over public lands( Durin. the early Roman Empire* all 1udicial powers that had been held by the Roman assemblies were also transferred to the ,enate( For e3ample* the senate now held 1urisdiction over criminal trials( In these cases* a !onsul presided* the senators constituted the 1ury* and the verdict was handed down in the form of a decree <senatus consultum=*7&8798 and* while a verdict could not be appealed* the Emperor could pardon a convicted individual throu.h a veto( Each province that

was under the 1urisdiction of the ,enate had its own court* and* upon the recommendation of a !onsul* decisions of these provincial courts could be appealed to the ,enate(798 In theory* the ,enate elected new emperors* while in con1unction with the popular assemblies* it would then confer upon the new emperor his command powers <imperium=(798 )fter an emperor had died or abdicated his office* the ,enate would often deify him* althou.h sometimes it would pass a decree <damnatio memoriae or +damnation from memory+= which would attempt to cancel every trace of that emperor from the life of Rome* as if he had never e3isted(798 'he emperor 'iberius transferred all electoral powers from the assemblies to the ,enate*798 and* while theoretically the ,enate elected new ma.istrates* the approval of the Emperor was always needed before an election could be finali6ed( Despite this fact* however* elections remained hi.hly contested and vi.orously fou.ht(798 )round &$$ )D* the emperor Diocletian enacted a series of constitutional reforms( In one such reform* Diocletian asserted the ri.ht of the Emperor to ta"e power without the theoretical consent of the ,enate* thus deprivin. the ,enate of its status as the ultimate depository of supreme power( Diocletian:s reforms also ended whatever illusion had remained that the ,enate had independent le.islative* 1udicial* or electoral powers( 'he ,enate did* however* retain its le.islative powers over public .ames in Rome* and over the senatorial order( 'he ,enate also retained the power to try treason cases* and to elect some ma.istrates* but only with the permission of the Emperor( In the final years of the Empire* the ,enate would sometimes try to appoint their own emperor* such as in case of Eu.enius who was later defeated by forces loyal to 'heodosius I( 'he ,enate remained the last stron.hold of the traditional Roman reli.ion in the face of the spreadin. !hristianity* and several times attempted to facilitate the return of the )ltar of Cictory <first removed by !onstantius II= to the senatorial curia( )fter the fall of the Bestern Roman Empire* the ,enate continued to function under the barbarian chieftain @doacer* and then under 'heoderic the Dreat who founded the @stro.othic ?in.dom( 'he authority of the ,enate rose considerably under barbarian leaders who sou.ht to protect the ,enate( 'his period was characteri6ed by the rise of prominent Roman senatorial families such as the )nicii* while the ,enate:s leader* the princeps senatus* often served as the ri.ht hand of the barbarian leader( It is "nown that the ,enate installed Laurentius as antipope in >4E despite the fact that both ?in. 'heodoric and Emperor )nastasius supported Pope ,ymmachus( 'he peaceful co/e3istence of senatorial and barbarian rule continued until the @stro.othic leader 'heodahad be.an an uprisin. a.ainst Emperor 5ustinian I and too" the senators as hosta.es( ,everal senators were e3ecuted in AA# as a reven.e for the death of the @stro.othic "in. 'otila( )fter Rome was recaptured by the Imperial <-y6antine= army* the ,enate was restored* but the institution <li"e classical Rome itself= had been mortally wea"ened by the lon. war between the -y6antines and the @stro.oths( Many senators had been "illed and many of those who had fled to the East chose to remain there than"s to favorable le.islation passed by emperor 5ustinian* who however abolished virtually all senatorial offices in Italy( 'he

importance of the Roman ,enate thus declined rapidly( In AFE and a.ain in AE$* the ,enate sent envoys to !onstantinople which delivered &$$$ pounds of .old as .ift to the new emperor 'iberius II !onstantinus alon. with a plea for help a.ainst the Lan.obards who had invaded Italy ten years earlier( Pope Dre.ory I* in a sermon from A4& <,enatus deest* or(%E=* lamented the almost complete disappearance of the senatorial order and the decline of the presti.ious institution( It is not clearly "nown when the Roman ,enate disappeared in the Best* but it is "nown from Dre.orian re.ister that the ,enate acclaimed new statues of Emperor Phocas and Empress Leontia in 9$&(7F8 'he institution must have vanished by 9&$ when the !uria was transformed into a church by Pope 2onorius I( 'he ,enate did continue to e3ist in the Eastern Roman Empire:s capital !onstantinople* however* havin. been instituted there too durin. the rei.n of !onstantine I* and e3isted at least up to the mid/%>th century before the ancient institution finally vanished from history(

Roman Senate
'he Roman Senate was a political institution in ancient Rome( It was one of the most endurin. institutions in Roman history* bein. founded in the first days of the city <traditionally founded in FA& -!=( It survived the overthrow of the "in.s in A$4 -!* the fall of the Roman Republic in the %st century -!* the split of the Roman Empire in &4A )D* the fall of the Bestern Roman Empire in >F9 )D* and barbarian rule of Rome in the Ath* 9th* and Fth centuries( 'he ,enate of the Best Roman Empire continued to function until 9$& )D( Durin. the days of the "in.dom* it was little more than an advisory council to the "in.(7%8 'he last "in. of Rome* Lucius 'ar0uinius ,uperbus* was overthrown followin. a coup d:Gtat led by Lucius 5unius -rutus( Durin. the early Republic* the ,enate was politically wea"* while the e3ecutive ma.istrates were 0uite powerful( ,ince the transition from monarchy to constitutional rule was probably .radual* it too" several .enerations before the ,enate was able to assert itself over the e3ecutive ma.istrates( -y the middle Republic* the ,enate reached the ape3 of its republican power( 'he late Republic saw a decline in the ,enate:s power* which be.an followin. the reforms of the tribunes 'iberius and Daius Dracchus( )fter the transition of the Republic into the Principate* the ,enate lost much of its political power as well as its presti.e( Followin. the constitutional reforms of the Emperor Diocletian* the ,enate became politically irrelevant* and never re.ained the power that it had once held( Bhen the seat of .overnment was transferred out of Rome* the ,enate was reduced to a municipal body( 'his ima.e was reinforced when the emperor !onstantius IIcreated an additional senate in !onstantinople( )fter the Bestern Roman Empire fell in >F9* the ,enate in the west functioned for a time under barbarian rule before bein. restored after recon0uest of much of the Bestern Roman Empire:s territories durin. the rei.n of 5ustinian I* until it ultimately disappeared( 2owever* the Eastern ,enate survived in !onstantinople* before the ancient institution finally vanished there too(

Senate of the Roman Kingdom

'he ,enate of the Roman ?in.dom was a political institution in the ancient Roman ?in.dom( 'he word senate derives from the Latin word senex* which means +old man+H the word thus means +assembly of elders+( 'he prehistoric Indo/Europeans who settled Italy in the centuries before the le.endary foundin. of Rome in FA& -!7#8 were structured into tribal communities* 7&8 and these communities often included an aristocratic board of tribal elders(7>8 'he early Roman family was called a gens or +clan+*7&8 and each clan was an a..re.ation of families under a common livin. male patriarch* called apater <the Latin word for +father+=( 7A8 Bhen the early Roman gentes were a..re.atin. to form a common community* the patres from the leadin. clans were selected798 for the confederated board of elders <what would become the Roman ,enate=(7A8 @ver time* the patres came to reco.ni6e the need for a sin.le leader* and so they elected a "in. <rex=*7A8 and vested in him their soverei.n power(7F8 Bhen the "in. died* that soverei.n power naturally reverted to the patres(7A8 'he ,enate is said to have been created by Rome:s first "in.* Romulus* initially consistin. of %$$ men( 'he descendants of those %$$ men subse0uently became the patrician class(7E8 Rome:s fifth "in.* Lucius 'ar0uinius Priscus* chose a further %$$ senators( 'hey were chosen from the minor leadin. families* and were accordin.ly called the minorum gentium(748 Rome:s seventh and final "in.* Lucius 'ar0uinius ,uperbus* e3ecuted many of the leadin. men in the senate* and did not replace them* thereby diminishin. their number( 2owever* in A$4 -! Rome:s first consuls* Lucius 5unius -rutus and Publius Calerius Publicola chose from amon.st the leadin. e0uites new men for the ,enate* these bein. called conscripti* and thus increased the si6e of the senate to &$$(7%$8 'he senate of the Roman ?in.dom held three principal responsibilities: It functioned as the ultimate repository for the e3ecutive power*7%%8 it served as the council to the "in.* and it functioned as a le.islative body in concert with the People of Rome(7%8 Durin. the years of the monarchy* the ,enate:s most important function was to elect new "in.s( Bhile the "in. was technically elected by the people* it was actually the ,enate who chose each new "in.(7%%8 'he period between the death of one "in.* and the election of a new "in.* was called the interregnum*7%%8 durin. which time the Interre3 nominated a candidate to replace the "in.( 7%#8 )fter the senate .ave its initial approval to the nominee* he was then formally elected by the people*7%&8 and then received the ,enate:s final approval(7%#8 )t least one "in.* ,ervius 'ullius* was elected by the ,enate alone* and not by the people(7%>8 'he ,enate:s most si.nificant tas"* outside of re.al elections* was in its capacity as the "in.:s council* and while the "in. could i.nore any advice offered to him by the ,enate* the ,enate:s .rowin. presti.e helped ma"e the advice that it offered increasin.ly difficult to i.nore( 'echnically the ,enate could also ma"e new laws althou.h it would be incorrect to view the senate:s decrees as +le.islation+ in the modern sense( @nly the "in. could decree new laws*

althou.h he often involved both the senate and the !uriate )ssembly <the popular assembly= in the process(7%8

Senate of the Roman Republic

'he ,enate of the Roman Republic was a political institution in the ancient Roman Republic( 'he ,enate passed decrees called senatus consulta* which in form constituted +advice+ from the ,enate to a ma.istrate( Bhile these advices did not hold le.al force* they usually were obeyed in practice(7%A8 If a senatus consultum conflicted with a law <lex= that was passed by an )ssembly* the law overrode the senatus consultum* because the senatus consultum had its authority based in precedent* and not in law( ) senatus consultum* however* could serve to interpret a law(7%98 'hrou.h these advices* the ,enate directed the ma.istrates* especially the Roman !onsuls <the chief ma.istrates= in their prosecution of military conflicts( 'he ,enate also had an enormous de.ree of power over the civil .overnment in Rome( 'his was especially the case with re.ards to its mana.ement of state finances* as only it could authori6e the disbursal of public fund from the treasury( )s the Roman Empire .rew* the senate also supervised the administration of the provinces* which were .overned by former consuls and praetors* in that it decided which ma.istrate should .overn which province( ,ince the &rd century the ,enate also played a pivotal role in cases of emer.ency( It could call for the appointment of adictator <a ri.ht restin. with each consul with or without the senate:s involvement=( 2owever* after #$# the office of Dictator fell out of use <and was revived only two more times= and was replaced with the senatus consultum ultimum<+ultimate decree of the senate+=* a senatorial decree which authorised the consuls to employ any means necessary to solve the crisis(7%F8 Bhile ,enate meetin.s could ta"e place either inside or outside of the formal boundary of the city <the pomerium=* no meetin. could ta"e place more than a mile outside of the pomerium( 7%E8 'he ,enate operated while under various reli.ious restrictions( For e3ample* before any meetin. could be.in* a sacrifice to the .ods was made* and a search for divine omens <the auspices= was ta"en(7%48 Meetin.s usually be.an at dawn* and a ma.istrate who wished to summon the senate had to issue a compulsory order(7#$8 'he senate meetin.s were public*7%E8 and were directed by a presidin. ma.istrate* usually a !onsul(7F8 Bhile in session* the ,enate had the power to act on its own* and even a.ainst the will of the presidin. ma.istrate if it wished( 'he presidin. ma.istrate be.an each meetin. with a speech*7#%8 and then referred an issue to the senators* who would discuss the issue by order of seniority(7%E8 ,enators had several other ways in which they could influence <or frustrate= a presidin. ma.istrate( For e3ample* all senators had to spea" before a vote could be held* and since all meetin.s had to end by ni.htfall*7%A8 a senator could tal" a proposal to death <a filibuster or diem

consumere= if he could "eep the debate .oin. until ni.htfall(7#%8 Bhen it was time to call a vote* the presidin. ma.istrate could brin. up whatever proposals he wished* and every vote was between a proposal and its ne.ative(7##8 )t any point before a motion passed* the proposed motion could be vetoed* usually by a tribune( If there was no veto* and the matter was of minor importance* it could be voted on by a voice vote or by a show of hands( If there was no veto* and the matter was of a si.nificant nature* there was usually a physical division of the house*7%E8 with senators votin. by ta"in. a place on either side of the chamber( 'he ethical re0uirements of senators were si.nificant( ,enators could not en.a.e in ban"in. or any form of public contract( 'hey could not own a ship that was lar.e enou.h to participate in forei.n commerce*7%E8 and they could not leave Italy without permission from the senate( ,enators were not paid a salary( Election to ma.isterial office resulted in automatic senate membership(7#&8

Senate of the Roman Empire

)fter the fall of the Roman Republic* the constitutional balance of power shifted from the Roman ,enate to the Roman Emperor( 'hou.h retainin. its le.al position as under the Republic* in practice* however the actual authority of the Imperial ,enate was ne.li.ible* as the Emperor held the true power in the state( )s such* membership in the ,enate became sou.ht after by individuals see"in. presti.e and social standin.* rather than actual authority( Durin. the rei.ns of the first Emperors* le.islative* 1udicial* and electoral powers were all transferred from the Roman assemblies to the senate( 2owever* since the Emperor held control over the ,enate* the ,enate acted as a vehicle throu.h which the Emperor e3ercised his autocratic powers( 'he first Emperor* )u.ustus* reduced the si6e of the ,enate from 4$$ members to 9$$ members* even thou.h there were about %$$ to #$$ active senators at one time( )fter this point* the si6e of the ,enate was never a.ain drastically altered( Under the Empire* as was the case durin. the late Republic* one could become a senator by bein. elected Quaestor <a ma.istrate with financial duties=* but only if one was of senatorial ran"(7#>8 If an individual was not of senatorial ran"* there were two ways for that individual to become a senator( Under the first method* the Emperor .ranted that individual the authority to stand for election to the ;uaestorship*7#>8 while under the second method* the emperor appointed that individual to the ,enate by issuin. a decree(7#A8 Under the Empire* the power that the Emperor held over the ,enate was absolute( 7#98 Durin. ,enate meetin.s* the Emperor sat between the two !onsuls* 7#F8 and usually acted as the presidin. officer( ,enators of the early Empire could as" e3traneous 0uestions or re0uest that a certain action be ta"en by the ,enate( 2i.her ran"in. senators spo"e before lower ran"in. senators* althou.h the Emperor could spea" at any time(7#F8 -esides the Emperor* !onsuls and Praetors could also preside over the ,enate( ,ince no senator could stand for election to a ma.isterial office without the Emperor:s approval* senators usually did not vote

a.ainst bills that had been presented by the Emperor( If a senator disapproved of a bill* he usually showed his disapproval by not attendin. the ,enate meetin. on the day that the bill was to be voted on( 7#E8 Bhile the Roman assemblies continued to meet after the foundin. of the Empire* their powers were all transferred to the ,enate* and so senatorial decrees < senatus consulta= ac0uired the full force of law(
7#98

'he le.islative powers of the Imperial ,enate were principally of a financial and an administrative

nature* althou.h the senate did retain a ran.e of powers over the provinces( 7#98 Durin. the early Roman Empire* all 1udicial powers that had been held by the Roman assemblies were also transferred to the senate( For e3ample* the ,enate now held 1urisdiction over criminal trials( In these cases* a !onsul presided* the senators constituted the 1ury* and the verdict was handed down in the form of a decree <senatus consultum=*7#987#48 and* while a verdict could not be appealed* the Emperor could pardon a convicted individual throu.h a veto( 'he Emperor 'iberius transferred all electoral powers from the assemblies to the ,enate*7#48 and* while theoretically the ,enate elected new ma.istrates* the approval of the Emperor was always needed before an election could be finali6ed( )round &$$ )D* the emperor Diocletian enacted a series of constitutional reforms( In one such reform* Diocletian asserted the ri.ht of the Emperor to ta"e power without the theoretical consent of the ,enate* thus deprivin. the ,enate of its status as the ultimate depository of supreme power( Diocletian:s reforms also ended whatever illusion had remained that the senate had independent le.islative* 1udicial* or electoral powers( 'he senate did* however* retain its le.islative powers over public .ames in Rome* and over the senatorial order( 'he ,enate also retained the power to try treason cases* and to elect some ma.istrates* but only with the permission of the Emperor( In the final years of the Empire* the ,enate would sometimes try to appoint their own emperor* such as in case of Eu.enius who was later defeated by forces loyal to 'heodosius I( 'he ,enate remained the last stron.hold of the traditional Roman reli.ion in the face of the spreadin. !hristianity* and several times attempted to facilitate the return of the )ltar of Cictory <first removed by !onstantius II= to the senatorial curia(

Post-Imperial Senate in Rome

)fter the fall of the Bestern Roman Empire* the ,enate continued to function under the barbarian chieftain @doacer* and then under @stro.othic rule( 'he authority of the ,enate rose considerably under barbarian leaders* who sou.ht to protect the ,enate( 'his period was characteri6ed by the rise of prominent Roman senatorial families* such as the )nicii* while the ,enate:s leader* theprinceps senatus* often served as the ri.ht hand of the barbarian leader( It is "nown that the ,enate succeeded to install Laurentius as pope in >4E* despite the fact that both "in. 'heodoric and Emperor )nastasius supported the other candidate* ,ymmachus(7citation needed8 'he peaceful co/e3istence of senatorial and barbarian rule continued until the @stro.othic leader 'heodahad be.an an uprisin. a.ainst Emperor 5ustinian I and too" the senators as hosta.es( ,everal senators were e3ecuted in AA# as a reven.e for the death of the @stro.othic "in. 'otila( )fter Rome was recaptured by the Imperial <-y6antine= army* the ,enate was restored* but the institution <li"e

classical Rome itself= had been mortally wea"ened by the lon. war( Many senators had been "illed and many of those who had fled to the East chose to remain there* than"s to favorable le.islation passed by emperor 5ustinian* who* however* abolished virtually all senatorial offices in Italy( 'he importance of the Roman ,enate thus declined rapidly( 7&$8

Relationships with Constantinople

In AFE and a.ain in AE$* the ,enate sent envoys to !onstantinople which delivered &$$$ pounds <believed to be around 49$ ".= of .old as a .ift to the new Emperor 'iberius II !onstantinus* alon. with a plea for help a.ainst the Lombards* who had invaded Italy ten years earlier( Pope Dre.ory I* in a sermon from A4& <,enatus deest* or(%E=* lamented the almost complete disappearance of the senatorial order and the decline of the presti.ious institution(7citation needed8

It is not clearly "nown when the Roman ,enate disappeared in the Best* but it is "nown from Dre.orian re.ister that the ,enate acclaimed new statues of Emperor Phocas and Empress Leontiain 9$&(7&%8 'he institution must have vanished by 9&$ when the !uria was transformed into a church by Pope 2onorius I.

Constitution of the Roman Empire

'he Constitution of the Roman Empire was an unwritten set of .uidelines and principles passed down mainly throu.h precedent(7%8 )fter the fall of the Roman Republic* the constitutional balance of power shifted from the Roman ,enate to the Roman Emperor( -e.innin. with the first emperor*)u.ustus* the emperor and the senate were technically two co/e0ual branches of .overnment( In practice* however the actual authority of the imperial senate was ne.li.ible* as the emperor held the true power of the state( Durin. the rei.n of the second Roman Emperor* 'iberius* the powers that had been held by the Roman assemblies were transferred to the senate( 'he neuterin. of the assemblies had become inevitable* in part because the electors were often i.norant as to the merits of the important 0uestions that were laid before them(7#8 'he powers of an emperor e3isted by virtue of his le.al standin.( 'he two most si.nificant components to an emperor:s power were the +tribunician powers+ and the +proconsular powers+( 7&8 'he tribunician powers .ave the emperor authority over Rome:s civil .overnment* while the proconsular powers .ave him authority over the Roman army( Bhile these distinctions were clearly defined durin. the early empire* eventually they were lost* and the emperor:s powers became less constitutional and more monarchical(
7>8

'he traditional ma.istracies that survived the fall of the republic were

the!onsulship* Praetorship* Plebeian 'ribunate* )edileship* ;uaestorship* and Military 'ribunate(7A8 )ny 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( Mar" )ntony abolished the offices of Roman Dictator and Master of the 2orse durin. his !onsulship in >> -!* and shortly thereafter the offices of Interre3 and Roman !ensor were also abolished(798

Constitutional history
In the year EE -!* Lucius !ornelius ,ulla was elected !onsul of the Roman Republic* and be.an a civil war( Bhile it ended within a decade* it was the first in a series civil wars that wouldn:t end until the year &$ -!( 'he .eneral who won the last civil war of the Roman Republic* Daius @ctavian* became the master of the state( @ctavian was the adopted son and heir of 5ulius !aesar( In the years after &$ -!* @ctavian set out to reform theRoman constitution( 'he ultimate conse0uence of these reforms was the abolition of the republic* and the foundin. of the Roman Empire( Bhen @ctavian returned to Rome two years after defeatin. Mar" )ntony* no one remained to oppose him(7F8 Decades of war had ta"en a terrible toll on thePeople of Rome( 'he political situation was unstable* and there was a constant threat of renewed warfare(7F8 @ctavian:s arrival alone caused a wave of optimism to ripple throu.hout Italy( 7F8 )s soon as he arrived* he be.an addressin. the problems that were pla.uin. Rome( @ctavian:s popularity soon reached new hei.hts* which ultimately .ave him the support he needed to implement his reforms( Bhen @ctavian deposed Mar" )ntony in &# -!* he resi.ned his position as triumvir* 7E8 but was probably vested with powers similar to those that he had .iven up( @ctavian wanted to solidify his status as master of the state* but avoid the fate of his adopted father( @n 5anuary %& of #F -!* @ctavian transferred control of the state bac" to the ,enate and the People of Rome*7E8 but neither the ,enate nor the People of Rome were willin. to accept what was* in effect* @ctavian:s resi.nation( @ctavian was allowed to remain Roman !onsul <the chief/e3ecutive under the old Republic=* and was also allowed to retain his tribunician powers <similar to those of the Plebeian 'ribunes* or chief representatives of the people=(
748

'his arran.ement* in effect* functioned as a popular ratification of his position within the state( 'he

,enate then .ranted @ctavian a uni0ue .rade of Proconsular command authority <imperium= for a period of ten years(7%$8 Bith this particular .rade of power* he was .iven power and authority over all of Rome:s military .overnors* and thus* over the entire Roman army( 748 @ctavian was also .ranted the title of +)u.ustus+ <+venerable+= and of Princeps <+first citi6en+=(748In #& -!* )u.ustus <as @ctavian now called himself= .ave up his !onsulship* and e3panded both his Proconsular imperium and his tribunician powers(7%%8 )fter these final reforms had been instituted* )u.ustus never a.ain altered his constitution(
7%#8

)u.ustus: final .oal was to fi.ure out a method to ensure an orderly succession( )u.ustus could not

transfer his powers to a successor upon his death* 7%&8 and so any successor needed to have powers that were independent of )u.ustus: own powers( In 9 -! )u.ustus .ranted tribunician powers to his stepson 'iberius*7%&8 and 0uic"ly reco.ni6ed 'iberius as his heir( In %& )D a law was passed which made 'iberius: le.al powers e0uivalent to* and independent from* those of )u.ustus( 7%>8 Bithin a year* )u.ustus was dead( Bhen )u.ustus died in %> )D* the Principate le.ally ended( 7%A8 'iberius "new that if he secured the support of the army* the rest of the .overnment would soon follow( 'herefore* 'iberius assumed command of the Praetorian Duard* and used his Proconsular imperium to force the armies to swear alle.iance to him( 7%A8 )s soon as this occurred* the ,enate and the ma.istrates ac0uiesced( Under 'iberius* the power to elect ma.istrates was transferred from the assemblies to the ,enate(7%98 Bhen 'iberius died* !ali.ula was proclaimed Emperor by the ,enate( In >% !ali.ula was assassinated* and for two days followin. his assassination* the ,enate debated the merits of restorin. the Republic( 7%F8 Due to the

demands of the army* however* !laudius was ultimately declared Emperor( !laudius: anti0uarian interests resulted in his attempts to revive the old !ensorship* but he was ultimately "illed* and ero was declared Emperor( In the decades after the death of )u.ustus* the Roman Empire was* in a sense* a union of inchoate principalities* which could have disinte.rated at any time( 7%E8 In 9E )D* ,er( ,ulpicius Dalba* the .overnor of 2ispania 'arraconensis* was proclaimed Emperor by his troops(7%48 In Rome* the emperor ero 0uic"ly lost his supporters and committed suicide* althou.h Dalba did not prove to be a wise leader( 7%48 'he .overnor of Lower Dermany* )( Citellius* was soon proclaimed Emperor by his troops* and in Rome* the Praetorian Duard proclaimed M( ,alvius @tho Emperor(7%48 In 5anuary 94* Dalba was assassinated* and the ,enate proclaimed @tho Emperor( @tho too" an army to Dermany to defeat Citellius* but was himself defeated by Citellius( 2e committed suicide*7%48 and Citellius was proclaimed Emperor by the ,enate( )nother .eneral* Cespasian* soon defeated Citellius( Citellius was e3ecuted* and Cespasian was named )u.ustus* elected !onsul* and .iven tribunician powers( 7#$8 Under the emperor Cespasian* the Roman constitution be.an a slide toward outri.ht monarchy* in part because the senate returned to its ori.inal role as an advisory council( 7#%8 Cespasian died in F4* and was succeeded by his son* 'itus( 'itus: rei.n did not last lon. enou.h for him to enact many constitutional chan.es( 2is rei.n* however* did see a further wea"enin. in the powers of the ,enate( 7##8 2e was succeeded by his brother* Domitian* in E%( Domitian:s rei.n mar"ed a si.nificant turnin. point on the road to monarchy( 7##8 )fter ma"in. himself !onsul for ten years* Domitian made himself !ensor for life* and unli"e his father* he used these powers to further sub1u.ate the senate by controllin. its membership(
7##8

Domitian* ultimately* was a tyrant with the character which always ma"es tyranny repulsive* 7#&8 and

this derived in part from his own paranoia* which itself was a conse0uence of the fact that he had no son( ,ince he had no son* and thus no obvious heir* he was constantly in dan.er of bein. overthrown( 7#&8 'hus* the unresolved issue of succession a.ain proved to be deadly* and in ,eptember 49* Domitian was murdered(

Legislative ssemblies
'he Le.islative )ssemblies of the Roman Empire were political institutions in the ancient Roman Empire( Durin. the rei.n of the second Roman Emperor* 'iberius* the powers that had been held by the Roman assemblies <the comitia= were transferred to the senate( 'he neuterin. of the assemblies had become inevitable because the electors were* in .eneral* i.norant as to the merits of the important 0uestions that were laid before them* 7#8 and often willin. to sell their votes to the hi.hest bidder( )fter the foundin. of the Roman Empire* the People of Rome continued to or.ani6e by !enturies and by 'ribes* but by this point* these divisions had lost most of their relevance( 7#48 Bhile the machinery of the !entury )ssembly continued to e3ist well into the life of the empire* 7#48 the assembly lost all of its practical relevance( Under the empire* all .atherin.s of the !entury )ssembly were in the form of an unsorted convention( Le.islation was never submitted to the imperial !entury )ssembly* and the one ma1or le.islative power that this assembly had held under the republic* the ri.ht to declare war* was now held e3clusively by the emperor( 7#48 )ll 1udicial powers that had been held by the republican !entury )ssembly were transferred to independent 1ury courts* and under the emperor'iberius* all of its former electoral powers were transferred to the senate( 7#48 )fter it had lost all of these powers* it had no remainin. authority( Its only remainin. function was* after the senate had :elected:

the ma.istrates* to hear the renuntiatio*7#48 'he renuntiatio had no le.al purpose* but instead was a ceremony in which the results of the election were read to the electors( 'his allowed the emperor to claim that the ma.istrates had been +elected+ by a soverei.n people( )fter the foundin. of the empire* the tribal divisions of citi6ens 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 citi6ens(7#48 'ribal divisions also simplified the process by which .rain was distributed( 7#48 Eventually* most freedmen belon.ed to one of the four urban tribes* while most freemen belon.ed to one of the thirty/ one rural tribes(7#48 Under the emperor 'iberius* the electoral powers of the 'ribal )ssembly were transferred to the senate( Each year* after the senate had elected the annual ma.istrates* the 'ribal )ssembly also heard the renuntiatio(7#48 )ny le.islation that the emperor submitted to the assemblies for ratification were submitted to the 'ribal )ssembly( 7#48 'he assembly ratified imperial decrees* startin. with the emperor )u.ustus* and continuin. until the emperor Domitian( 'he ratification of le.islation by the assembly* however* had no le.al importance as the emperor could ma"e any decree into law* even without the ac0uiescence of the assemblies( 'hus* under the empire* the chief e3ecutive a.ain became the chief law.iver* which was a power he had not held since the days of the early republic( 7#48 'he Plebeian !ouncil also survived the fall of the republic*7#48 and it also lost its le.islative* 1udicial and electoral powers to the senate( -y virtue of his tribunician powers* the emperor always had absolute control over the council(7#48

E!ecutive "agistrates
'he E3ecutive Ma.istrates of the Roman Empire were elected individuals of the ancient Roman Empire( 'he powers of an emperor* <his imperium= e3isted* in theory at least* by virtue of his le.al standin.( 'he two most si.nificant components to an emperor:s imperium were the +tribunician powers+ <potestas tribunicia= and the +proconsular powers+ <imperium proconsulare=(7&8 In theory at least* the tribunician powers <which were similar to those of the Plebeian 'ribunes under the old republic= .ave the emperor authority over Rome:s civil .overnment* while the proconsular powers <similar to those of military .overnors* or Proconsuls* under the old republic= .ave him authority over the Roman army( Bhile these distinctions were clearly defined durin. the early empire* eventually they were lost* and the emperor:s powers became less constitutional and more monarchical( 7>8 -y virtue of his proconsular powers* the emperor held the same .rade of military command authority as did the chief ma.istrates <the Roman !onsuls and Proconsuls= under the republic( 2owever* the emperor was not sub1ect to the constitutional restrictions that the old !onsuls and Proconsuls had been sub1ect to( 7&$8 Eventually* he was .iven powers that* under the republic* had been reserved for the Roman ,enate and theRoman assemblies* includin. the ri.ht to declare war* to ratify treaties* and to ne.otiate with forei.n leaders(7&%8 'he emperor:s de.ree of Proconsular power .ave him authority over all of Rome:s military .overnors* and thus* over most of the Roman army( 'he emperor:s tribunician powers .ave him power over Rome:s civil apparatus*7&#87&&8 as well as the power to preside over* and thus to dominate* the assemblies and the senate(7&#8 Bhen an emperor was vested with the tribunician powers* his office and his person became sacrosanct*7&#8 and thus it became a capital offense to harm or to obstruct the emperor( 7&#8 'he emperor also had the authority to carry out a ran.e of duties that* under the republic* had been performed by the Roman !ensors( ,uch duties included the authority to re.ulate public morality <censorship= and to conduct a census( )s part of the census* the emperor had the power to assi.n individuals to a new social class* includin. the senatorial class* which .ave the emperor unchallen.ed control over senate membership( 7&>8 'he emperor also had the power to interpret laws and to set precedents(7&A8 In addition* the emperor controlled the reli.ious institutions* since* as emperor* he was always Pontifex Maximus and a member of each of the four ma1or priesthoods( 7&%8 Under the empire* the citi6ens were divided into three classes* and for members of each class* a distinct career path was available <"nown as thecursus honorum=(7A8 'he traditional ma.istracies were only available to citi6ens of the senatorial class( 'he ma.istracies that survived the fall of the republic were <by

their order of ran" per the cursus honorum= the !onsulship* Praetorship* Plebeian 'ribunate* )edileship* ;uaestorship* andMilitary 'ribunate(7A8 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( Durin. the transition from republic to empire* no office lost more power or presti.e than the !onsulship* which was due* in part* to the fact that the substantive powers of republican !onsuls were all transferred to the emperor( Imperial !onsuls could preside over the senate* could act as 1ud.es in certain criminal trials* and had control over public .ames and shows(7&98 'he Praetors also lost a .reat deal of power* and ultimately had little authority outside of the city(798 'he chief Praetor in Rome* the Urban Praetor* outran"ed all other Praetors* and for a brief time* they were .iven power over the treasury( 798 Under the empire* the Plebeian 'ribunes remained sacrosanct* 7&F8 and* in theory at least* retained the power to summon* or to veto* the senate and the assemblies( 7&F8 )u.ustus divided the colle.e of ;uaestors into two divisions* and assi.ned one division the tas" of servin. in the senatorial provinces* and the other the tas" of mana.in. civil administration in Rome( 7&E8 Under )u.ustus* the )ediles lost control over the .rain 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 durin. the &rd century( 7&F8

#he end of the Principate

Durin. the period that be.an with the accession of the emperor erva and ended with the death of the emperor !ommodus* the empire continued to wea"en( It was becomin. difficult to recruit enou.h soldiers for the army* inflation was becomin. an issue* and on at least one occasion* the empire almost went ban"rupt( 'he most si.nificant constitutional development durin. this era was the steady drift towards monarchy( It is not "nown e3actly how M( !occeius erva became emperor* althou.h he was probably supported by the conspirators who overthrew Domitian( 2is rei.n* while too short for any ma1or constitutional reforms* did reverse some of the abuses that his predecessor was responsible for( 7&48 Bhen erva died in 5anuary 4E* 'ra1an succeeded him without opposition( 'ra1an went further than even erva had in restorin. the ima.e of a free republic( 7&48 2e refused to preside over capital trials a.ainst senators* and was away from Rome for such e3tended periods that the senate even re.ained some independent le.islative abilities(7&48 2adrian succeeded 'ra1an as emperor( -y far* his most important constitutional alteration was his creation of a bureaucratic apparatus* 7>$8 which included a fi3ed .radation of clearly defined offices* and a correspondin. 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 emperorDiocletian when he established the 'etrarchy(7>$8 2adrian was succeed by )ntonius Pius* who made no real chan.es to the constitution(7>%8 2e was succeeded by Marcus )urelius in %9%( 'he most si.nificant constitutional development that occurred durin. the rei.n of Marcus )urelius was the revival of the republican principle of colle.iality*7>%8 as he made his brother* L( )elius* his co/emperor( Marcus )urelius ruled the western half of the empire* while his brother ruled the eastern half of the empire( In %94* )elius died* and in %F9* Marcus )urelius made his son* L( )urelius !ommodus* his new co/emperor( 'his arran.ement was also revived when the emperor Diocletian established the 'etrarchy( In %E$* Marcus )urelius died* and !ommodus became emperor( !ommodus: tyranny revived the worst memories of the later 5ulian emperors*7>#8 as he was more e3plicit than any of his predecessors in ta"in. powers that he did not le.ally have* and in disre.ardin. the constitution( 2e was "illed in %4#( o further constitutional reforms were enacted durin. the Principate( 'he only development of any si.nificance was the continuin. slide towards monarchy* as the constitutional distinctions that had been set up by )u.ustus lost whatever meanin. that they still had( ,tartin. in #&A* with the rei.n of the barbarian emperor Ma3iminus 'hra3* the empire was put throu.h a period of severe military* civil* and economic stress( 'he crisis ar.uably reached it hei.ht durin. the rei.n of Dallienus* from #9$ to #9E( 'he crisis ended with the accession of Diocletian in #E>* and the abolishment of the Principate(

Bibliography: www.thelatinlibrary.com http://www.ancient.eu.com/Roman_Republic/ http://www.historyguide.org