History of the Constitution of the Roman Empire
Encyclopedia
The History of the Constitution of the Roman Empire is a study of the ancient Roman Empire that traces the progression of Roman political development from the founding of the Roman Empire in 27 BC until the abolishment of the Roman Principate
around 300 AD. In the year 88 BC, Lucius Cornelius Sulla
was elected Consul of the Roman Republic
, 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
, became the master of the state. Octavian was the adopted son and heir of Julius Caesar
. In the years after 30 BC, Octavian set out to reform the Roman constitution
. The ultimate consequence of these reforms was the abolition of the republic, and the founding of the "Roman Empire
". Octavian was given the name "Augustus
" by the "Roman Senate
", and became known to history as the first "Roman Emperor
". While it is true that Octavian sought power for himself, it is also true that the old constitution had ceased to function properly. This simple fact had caused much of the turmoil of the prior century. Octavian's reforms did not, at the time, seem drastic, since they did nothing more than reorganize the constitution. The old offices and institutions were not altered in any other way. The reorganization was revolutionary, however, because the ultimate result was that Octavian ended up with control over the entire constitution. During the reigns of future emperors, the constitution that Octavian had left behind transitioned into outright monarchy.
at the Battle of Actium
. With Mark Antony's defeat, no one remained to oppose Octavian. Decades of war had taken a terrible toll on the People 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. He declared a general amnesty for the former supporters of his enemies, and provided land for over 120,000 former soldiers. As soon as these reforms had been implemented, the price of land began to rise and trade was revived. 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. In 29 BC, another alteration was made to his legal status, of which we know very little. We know that it involved the granting to Octavian of Consular
imperium
(command authority), and thus control over the army and the provinces. This alteration probably also gave him the authority to take a census
.
Octavian wanted to solidify his status as master of the state, but avoid the fate of his adopted father
. On January 13 of 27 BC, Octavian transferred control of the state back to the Senate and the People of Rome
, but, in all likelihood, he knew what the result of such a move was be. Without Octavian, Rome could again descend into chaos and civil war. Neither the Senate nor the People of Rome were willing to accept what was, in effect, Octavian's resignation, and thus Octavian was allowed to remain Roman Consul
(the chief-executive under the old Republic), and was also allowed to retain his tribunician powers. Under this arrangement, Octavian now had colleagues who could veto
any of his actions. He was probably concerned that his former position appeared to be too monarchical. Now, while he appeared to be re-integrated into the constitutional apparatus, his prestige removed any real risk that a colleague might attempt to obstruct him. This arrangement, in effect, functioned as a popular ratification of his position within the state. If the Senate and the People of Rome wouldn't let him leave office, so the theory went, then he could not be considered a tyrant. The senate then granted Octavian a unique grade of Proconsul
ar imperium (Proconsular command authority) for a period of ten years. With this particular grade of power, he was given power and authority over all Proconsuls. Under the old republic, the Proconsuls governed the more challenging provinces. Therefore, the legions
were mostly stationed in these provinces. Under the old system, the Praetor
s and Pro-Praetors governed the more stable provinces. These provinces, therefore, had very little military infrastructure. Octavian allowed the senate to retain control over these Praetorial provinces. While this appeared to be a sharing of power between Octavian and the senate, the actual result was that Octavian now controlled most of the Roman army
. Octavian was also granted the title of "Augustus" by the senate and was made the master of the state by the Senate and the People of Rome. He also took the title of Princeps
, or "first citizen". In this, he attempted to establish himself as the "first among equals" rather than as a king, since even by this point in time, monarchy was still repugnant to most Romans. He had taken the dictatorial powers that his adopted father had taken almost twenty years before, but had done so in the spirit of the republican constitution.
In 23 BC, Augustus (as Octavian now called himself) again attempted to reform the constitution, although it is not known why he chose to reform the constitution at this point. Four years had passed since his last reforms, and this may have given him the opportunity to discover the weaknesses in those reforms. In addition, he almost died in 23 BC, and thus he may have thought that his time left was short. To Augustus, one major weakness in his constitution was his status as Consul. While it is true that his prestige minimized the risk of obstruction at the hands of a co-Consul, this risk still existed. It was also unusual (and unprecedented) for an individual to be elected to the Consulship nine times in a row, as Augustus had been. In addition, tradition did subject the Consulship to certain restrictions, such as the traditional etiquette shown by the two Consuls towards each other. While Augustus did consider the possibility to making himself sole Consul, he realized that this was too radical of a departure from tradition. Therefore, as a 'concession', he gave up his Consulship, and modified both his Proconsular imperium
and his Tribunician powers. It is not known exactly how Augustus modified his Proconsular imperium, but it is known that he was allowed to retain this imperium in the city of Rome. Normally, any magistrate had to surrender their imperium while they were inside the city. In addition, his Proconsular imperium was formally modified to give him both a status and an authority above even a Consul.
Since these changes gave him an unprecedented ability to coerce citizens, he risked damaging his popularity. To compensate for this risk, he had his tribunician powers
(potestas tribunicia) modified. The Tribunate was a natural fit for an autocrat who sought to maintain popularity with the people. The Tribunate was a popular office, because it had been the principle vehicle through which plebeians gained political power and through which they had been protected against the abuses of the state. The "Plebeian Tribunes
" had strong positive powers, such as the right to convene the Plebeian Council
, and strong negative powers, such as the right to veto an act of the senate. In addition, by history and precedent, the Tribunate, unlike the Consulship, was radical by nature. Augustus' modifications didn't change the actual powers associated with the office, but instead, Augustus simply displayed his tribunician status more vividly. While he had held tribunician powers since 36 BC, these powers were never renewed. After 23 BC, however, he had these powers renewed every year. In official documents, he indicated the number of years that had elapsed since he first held tribunician power. After these reforms had been instituted, Augustus never again altered his constitution. At various points, the people demanded that he take more powers, but he refused. In a few instances, he had to exercise powers that he did not legally have, but he usually acquired these powers by securing the passage of temporary legislation.
Augustus' final goal was to figure out a method to ensure an orderly succession. Under Augustus' constitution, the Senate and the People of Rome held the supreme power, and all of his special powers were granted for either a fixed term, or for life. Therefore, Augustus could not transfer his powers to a successor upon his death. Any successor needed to have powers that were independent of Augustus' own powers. During his illness in 23 BC, he had chosen Agrippa to be his successor. He had considered the possibility of making his nephew Marcellus
his successor, but had ultimately decided that Marcellus was too young. In 21 BC Marcellus died and Augustus married Agrippa to his daughter Julia
, and in 18 BC Augustus enacted a law that granted Agrippa tribunician powers for a period of five years. Agrippa and Julia had two sons, Gaius
and Lucius Caesar
, and Augustus designated them as possible heirs by granting upon both tribunician powers. In 12 BC Agrippa died, and in 6 BC Augustus granted these tribunician powers to his stepson Tiberius
. Gaius and Lucius Caesar soon died, and Augustus realized that he had no choice but to recognize Tiberius as his heir. In 13 AD, the point was settled beyond question. A law was passed (the lex consularis) which linked Augustus' powers over the provinces to those of Tiberius, so that now Tiberius' legal powers were equivalent to, and independent from, those of Augustus. Within a year, Augustus was dead.
(i.e., Roman Emperor
), Augustus could not legally make Tiberius Princeps. However, Tiberius' legal powers, as well as his status as the chosen heir of Augustus, gave him an opportunity that his ambition could not refuse. 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
, 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. Tiberius' efforts were so successful, that when the senate declared him Princeps, he made his acceptance appear to be a concession to the demands of the senators. Under Tiberius, the power to elect magistrates was transferred from the assemblies
to the senate. Now, the assemblies were only used to hear the results of magisterial elections. In addition, they did retain some theoretical legislative powers. When Tiberius died, Caligula
was proclaimed emperor by the senate. Caligula transferred the electoral powers back to the assemblies, but then quickly returned those powers to 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
was ultimately declared emperor. Claudius' antiquarian interests resulted in his attempts to revive the old Censorship
, and to return some degree of independence back to the senate. Ultimately, Claudius was killed, and Nero
was declared emperor.
Arguably, the most significant flaw in the constitution left by Augustus concerned the matter of succession. This deadly flaw was violently exposed in the year 69. Augustus had established a standing army, where individual soldiers served under the same military governors in the same provinces over an extended period of time. The consequence was that the soldiers in the provinces developed a degree of loyalty to their commanders, which they did not have for the emperor. Thus the empire was, in a sense, a union of inchoate principalities, which could have disintegrated at any time. The first indication of a nationalist movement appeared in Gaul
(modern France) in 68, but this movement ended when its leader, C. Julius Vindex, was defeated by an army under L. Verginius Rufus. Rufus was the governor of Upper Germany, and while he was declared imperator
by his soldiers, he decided not to use his support to march on Rome and make himself emperor. He did not decline this opportunity because he was loyal to the emperor Nero, but rather because of his own low birth, and his belief that his low birth might make it difficult for him to accomplish anything as emperor. Shortly after Rufus had been declared imperator, Ser. Sulpicius Galba
, the governor of Hispania Tarraconensis
, was proclaimed emperor by his troops. In Rome, the emperor Nero quickly lost his supporters and committed suicide. Galba, however, did not prove to be a wise leader. He chose to punish Rufus' troops, and to antagonize the Praetorian Guard by not fulfilling promises which had been made to them.
The governor of Lower Germany, A. Vitellius
, was soon proclaimed emperor by his troops, and in Rome, the Praetorian Guard proclaimed M. Salvius Otho
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
, soon defeated Vitellius. Vitellius was executed, and Vespasian was named Augustus, elected Consul, and given Tribunician powers. The result of these events illustrated a key weakness in Augustus' constitution. The method of succession was in part based on heredity, and if a dead emperor's next-of-kin had the support of the Praetorian Guard, then his installation as emperor was reasonably assured. However, with Nero's death, the Julian line
had been extinguished. Thus, the events of 69 showed that the armies in the provinces were the ultimate 'electoral bodies', and that any successful general could legitimately claim a right to the throne. It also became apparent that, while the senate might acquiesce to the installation of a new emperor, such acquiescence was simply a matter of form. This flaw would contribute to the ultimate fall of the Roman Empire.
, Hadrian
, and Marcus Aurelius) emerged as a consequence of these reforms. Despite the success that Vespasian had in strengthening the empire, he failed to address the issue of succession, although he may have chosen not to address this issue because, with two sons, he was easily able to secure the accession of his own successor. He had made his son, Titus, his colleague in both the Consulship and the Censorship, granted him the tribunician powers, and following his successes in Judea
, granted him the honorary title of imperator. Vespasian died in 79.
Titus'
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
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. He also changed the law so that he could preside over capital trials against senators. The manner in which he was able to dominate his Consular colleagues helped to further illustrate the powerlessness of the Consulship. To reduce the risk of an armed uprising against him, Domitian ensured that no single general could command more than two legions at once. Domitian did, however, divide the empire into smaller administrative units. This system was quite efficient, and was revived two centuries later by the emperor Diocletian
. Domitian, ultimately, was a tyrant with the character which always makes tyranny repulsive, and this derived in part from his own paranoia. His paranoia 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.
became emperor, although he was probably supported by the conspirators who overthrew Domitian. His reign, which only lasted for two years, was too short for any major constitutional reforms to be enacted. He did, however, reverse some of the abuses that his predecessor was responsible for, such as the practice of prosecuting individuals for disrespecting the emperor. In 97, Nerva adopted M. Ulpius Trajanus
, who was serving as governor of Upper Germany at the time. When Nerva died in January of 98, Trajan 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, observed the precedent of freedom of speech during senate meetings, and was away from Rome for such extended periods that the senate even regained some independent legislative abilities. In addition, he showed respect for the republican magisterial offices by only holding the Consulship four times during his nineteen year reign, in contrast to the ten Consulships Domitian had held during his fifteen year reign.
Hadrian
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, such as tax collection, were now to be performed by the state. Hadrian adopted Antonius Pius, made him his heir, and died shortly thereafter. No real changes to the constitution were made during the reign of Antonius Pius. He made Marcus Aurelius his heir in 161, and died shortly thereafter. The most significant constitutional development that occurred during the reign of Marcus Aurelius was the revival of the republican principle of collegiality
, as he made his brother, L. Aelius, his co-emperor. Marcus Aurelius ruled the western half of the empire, while his brother ruled the eastern half of the empire. In 169, Aelius died, and in 176, Marcus Aurelius made his son, L. Aurelius Commodus, his new co-emperor. This arrangement was revived more than a century later, when the emperor Diocletian established the Tetrarchy
. In 180, Marcus Aurelius died, and Commodus
became emperor. Commodus' tyranny revived the worst memories of the later Julian emperors, 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
, 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
, 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...
around 300 AD. 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....
". Octavian was given the name "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...
" by 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 became known to history as the first "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...
". While it is true that Octavian sought power for himself, it is also true that the old constitution had ceased to function properly. This simple fact had caused much of the turmoil of the prior century. Octavian's reforms did not, at the time, seem drastic, since they did nothing more than reorganize the constitution. The old offices and institutions were not altered in any other way. The reorganization was revolutionary, however, because the ultimate result was that Octavian ended up with control over the entire constitution. During the reigns of future emperors, the constitution that Octavian had left behind transitioned into outright monarchy.
Augustus' constitutional reforms
Octavian returned to Rome two years after defeating Mark AntonyMark 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...
at the Battle of Actium
Battle of Actium
The Battle of Actium was the decisive confrontation of the Final War of the Roman Republic. It was fought between the forces of Octavian and the combined forces of Mark Antony and Cleopatra VII. The battle took place on 2 September 31 BC, on the Ionian Sea near the city of Actium, at the Roman...
. With Mark Antony's defeat, no one remained to oppose Octavian. 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. He declared a general amnesty for the former supporters of his enemies, and provided land for over 120,000 former soldiers. As soon as these reforms had been implemented, the price of land began to rise and trade was revived. 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. In 29 BC, another alteration was made to his legal status, of which we know very little. We know that it involved the granting to Octavian of Consular
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...
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...
(command authority), and thus control over the army and the provinces. This alteration probably also gave him the authority to take 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...
.
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, in all likelihood, he knew what the result of such a move was be. Without Octavian, Rome could again descend into chaos and civil war. Neither the Senate nor the People of Rome were willing to accept what was, in effect, Octavian's resignation, and thus 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. Under this arrangement, Octavian now had colleagues who could 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...
any of his actions. He was probably concerned that his former position appeared to be too monarchical. Now, while he appeared to be re-integrated into the constitutional apparatus, his prestige removed any real risk that a colleague might attempt to obstruct him. This arrangement, in effect, functioned as a popular ratification of his position within the state. If the Senate and the People of Rome wouldn't let him leave office, so the theory went, then he could not be considered a tyrant. 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 imperium (Proconsular command authority) for a period of ten years. With this particular grade of power, he was given power and authority over all Proconsuls. Under the old republic, the Proconsuls governed the more challenging provinces. Therefore, the legions
Roman legion
A Roman legion normally indicates the basic ancient Roman army unit recruited specifically from Roman citizens. The organization of legions varied greatly over time but they were typically composed of perhaps 5,000 soldiers, divided into maniples and later into "cohorts"...
were mostly stationed in these provinces. Under the old system, 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...
s and Pro-Praetors governed the more stable provinces. These provinces, therefore, had very little military infrastructure. Octavian allowed the senate to retain control over these Praetorial provinces. While this appeared to be a sharing of power between Octavian and the senate, the actual result was that Octavian now controlled most of the Roman 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...
. Octavian was also granted the title of "Augustus" by the senate and was made the master of the state by the Senate and the People of Rome. He also took the title 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."...
, or "first citizen". In this, he attempted to establish himself as the "first among equals" rather than as a king, since even by this point in time, monarchy was still repugnant to most Romans. He had taken the dictatorial powers that his adopted father had taken almost twenty years before, but had done so in the spirit of the republican constitution.
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. It is not known exactly how Augustus modified his Proconsular imperium, but it is known that he was allowed to retain this imperium in the city of Rome. Normally, any magistrate had to surrender their imperium while they were inside the city. In addition, his Proconsular imperium was formally modified to give him both a status and an authority above even a Consul.
Since these changes gave him an unprecedented ability to coerce citizens, he risked damaging his popularity. To compensate for this risk, he had 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...
(potestas tribunicia) modified. The Tribunate was a natural fit for an autocrat who sought to maintain popularity with the people. The Tribunate was a popular office, because it had been the principle vehicle through which plebeians gained political power and through which they had been protected against the abuses of the state. The "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...
" had strong positive powers, such as the right to convene 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...
, and strong negative powers, such as the right to veto an act of the senate. In addition, by history and precedent, the Tribunate, unlike the Consulship, was radical by nature. Augustus' modifications didn't change the actual powers associated with the office, but instead, Augustus simply displayed his tribunician status more vividly. While he had held tribunician powers since 36 BC, these powers were never renewed. After 23 BC, however, he had these powers renewed every year. In official documents, he indicated the number of years that had elapsed since he first held tribunician power. After these reforms had been instituted, Augustus never again altered his constitution. At various points, the people demanded that he take more powers, but he refused. In a few instances, he had to exercise powers that he did not legally have, but he usually acquired these powers by securing the passage of temporary legislation.
Augustus' final goal was to figure out a method to ensure an orderly succession. Under Augustus' constitution, the Senate and the People of Rome held the supreme power, and all of his special powers were granted for either a fixed term, or for life. Therefore, Augustus could not transfer his powers to a successor upon his death. Any successor needed to have powers that were independent of Augustus' own powers. During his illness in 23 BC, he had chosen Agrippa to be his successor. He had considered the possibility of making his nephew Marcellus
Marcellus
-In Christianity:* Marcellus of Ancyra , bishop* Pope Marcellus I, saint* Pope Marcellus II, Italian pope* Marcellus of Tangier , martyr* Pseudo-Marcellus, author of the Passio sanctorum Petri et Pauli...
his successor, but had ultimately decided that Marcellus was too young. In 21 BC Marcellus died and Augustus married Agrippa to his daughter Julia
Julia the Elder
Julia the Elder , known to her contemporaries as Julia Caesaris filia or Julia Augusti filia was the daughter and only biological child of Augustus, the first emperor of the Roman Empire. Augustus subsequently adopted several male members of his close family as sons...
, and in 18 BC Augustus enacted a law that granted Agrippa tribunician powers for a period of five years. Agrippa and Julia had two sons, Gaius
Gaius Caesar
Gaius Julius Caesar , most commonly known as Gaius Caesar or Caius Caesar, was the oldest son of Marcus Vipsanius Agrippa and Julia the Elder...
and Lucius Caesar
Lucius Caesar
Lucius Julius Caesar , most commonly known as Lucius Caesar, was the second son of Marcus Vipsanius Agrippa and Julia the Elder. He was born between 14 of June and 15 July 17 BC with the name Lucius Vipsanius Agrippa, but when he was adopted by his maternal grandfather Roman Emperor Caesar...
, and Augustus designated them as possible heirs by granting upon both tribunician powers. In 12 BC Agrippa died, and in 6 BC Augustus granted these 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...
. Gaius and Lucius Caesar soon died, and Augustus realized that he had no choice but to recognize Tiberius as his heir. In 13 AD, the point was settled beyond question. A law was passed (the lex consularis) which linked Augustus' powers over the provinces to those of Tiberius, so that now Tiberius' legal powers were equivalent to, and independent from, those of Augustus. Within a year, Augustus was dead.
From Tiberius to Vitellius
When Augustus died in 14 AD, the Principate legally ended. While Augustus had granted Tiberius the legal standing that he needed in order to become PrincepsPrinceps
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."...
(i.e., 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...
), Augustus could not legally make Tiberius Princeps. However, Tiberius' legal powers, as well as his status as the chosen heir of Augustus, gave him an opportunity that his ambition could not refuse. 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. Tiberius' efforts were so successful, that when the senate declared him Princeps, he made his acceptance appear to be a concession to the demands of the senators. 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. Now, the assemblies were only used to hear the results of magisterial elections. In addition, they did retain some theoretical legislative powers. 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. Caligula transferred the electoral powers back to the assemblies, but then quickly returned those powers to 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....
, and to return some degree of independence back to the senate. Ultimately, Claudius was 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.
Gaul
Gaul was a region of Western Europe during the Iron Age and Roman era, encompassing present day France, Luxembourg and Belgium, most of Switzerland, the western part of Northern Italy, as well as the parts of the Netherlands and Germany on the left bank of the Rhine. The Gauls were the speakers of...
(modern France) in 68, but this movement ended when its leader, C. Julius Vindex, was defeated by an army under L. Verginius Rufus. Rufus was the governor of Upper Germany, and while he was declared imperator
Imperator
The Latin word Imperator was originally a title roughly equivalent to commander under the Roman Republic. Later it became a part of the titulature of the Roman Emperors as part of their cognomen. The English word emperor derives from imperator via Old French Empreur...
by his soldiers, he decided not to use his support to march on Rome and make himself emperor. He did not decline this opportunity because he was loyal to the emperor Nero, but rather because of his own low birth, and his belief that his low birth might make it difficult for him to accomplish anything as emperor. Shortly after Rufus had been declared imperator, 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. Galba, however, did not prove to be a wise leader. He chose to punish Rufus' troops, and to antagonize the Praetorian Guard by not fulfilling promises which had been made to them.
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. The result of these events illustrated a key weakness in Augustus' constitution. The method of succession was in part based on heredity, and if a dead emperor's next-of-kin had the support of the Praetorian Guard, then his installation as emperor was reasonably assured. However, with Nero's death, the Julian line
Julio-Claudian Dynasty
The Julio-Claudian dynasty normally refers to the first five Roman Emperors: Augustus, Tiberius, Caligula , Claudius, and Nero, or the family to which they belonged; they ruled the Roman Empire from its formation, in the second half of the 1st century BC, until AD 68, when the last of the line,...
had been extinguished. Thus, the events of 69 showed that the armies in the provinces were the ultimate 'electoral bodies', and that any successful general could legitimately claim a right to the throne. It also became apparent that, while the senate might acquiesce to the installation of a new emperor, such acquiescence was simply a matter of form. This flaw would contribute to the ultimate fall of the Roman Empire.
The Flavian emperors
Under the emperor Vespasian, the Roman constitution began a slide toward outright monarchy. Vespasian appointed citizens throughout the empire to the senate, and granted many more citizenship. Before Vespasian, one usually had to be elected to a magisterial office before they could become a senator. Since the senate elected individuals to magisterial offices, the senate controlled its own membership, but under Vespasian, the senate lost this power. This act alone weakened the prestige, and thus the power, of both the senate and the magisterial offices. Under Vespasian, the senate returned to its original role as an advisory council. Vespasian's reforms, however, did a great deal to strengthen the empire. The honors which the emperor now bestowed upon citizens were highly sought after. Individuals who had received such honors were proud of them, and as a consequence became more loyal to the emperor, while individuals who had not yet received such honors sought to earn them. Several future emperors (such as TrajanTrajan
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...
, 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...
, and Marcus Aurelius) emerged as a consequence of these reforms. Despite the success that Vespasian had in strengthening the empire, he failed to address the issue of succession, although he may have chosen not to address this issue because, with two sons, he was easily able to secure the accession of his own successor. He had made his son, Titus, his colleague in both the Consulship and the Censorship, granted him the tribunician powers, and following his successes in Judea
Judea
Judea or Judæa was the name of the mountainous southern part of the historic Land of Israel from the 8th century BCE to the 2nd century CE, when Roman Judea was renamed Syria Palaestina following the Jewish Bar Kokhba revolt.-Etymology:The...
, granted him the honorary title of imperator. Vespasian died in 79.
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. He also changed the law so that he could preside over capital trials against senators. The manner in which he was able to dominate his Consular colleagues helped to further illustrate the powerlessness of the Consulship. To reduce the risk of an armed uprising against him, Domitian ensured that no single general could command more than two legions at once. Domitian did, however, divide the empire into smaller administrative units. This system was quite efficient, and was revived two centuries later by the emperor Diocletian
Diocletian
Diocletian |latinized]] upon his accession to Diocletian . c. 22 December 244 – 3 December 311), was a Roman Emperor from 284 to 305....
. Domitian, ultimately, was a tyrant with the character which always makes tyranny repulsive, and this derived in part from his own paranoia. His paranoia 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.
From Nerva to the abolition 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 NervaNerva
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, which only lasted for two years, was too short for any major constitutional reforms to be enacted. He did, however, reverse some of the abuses that his predecessor was responsible for, such as the practice of prosecuting individuals for disrespecting the emperor. In 97, Nerva adopted M. Ulpius Trajanus
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...
, who was serving as governor of Upper Germany at the time. When Nerva died in January of 98, Trajan 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, observed the precedent of freedom of speech during senate meetings, and was away from Rome for such extended periods that the senate even regained some independent legislative abilities. In addition, he showed respect for the republican magisterial offices by only holding the Consulship four times during his nineteen year reign, in contrast to the ten Consulships Domitian had held during his fifteen year reign.
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, such as tax collection, were now to be performed by the state. Hadrian adopted Antonius Pius, made him his heir, and died shortly thereafter. No real changes to the constitution were made during the reign of Antonius Pius. He made Marcus Aurelius his heir in 161, and died shortly thereafter. The most significant constitutional development that occurred during the reign of Marcus Aurelius was the revival of the republican principle of collegiality
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 revived more than a century later, when the emperor Diocletian 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...
. 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
Further reading
- Cambridge Ancient History, Volumes 9–13.
- Cameron, A. The Later Roman Empire, (Fontana Press, 1993).
- Crawford, M. The Roman Republic, (Fontana Press, 1978).
- Gruen, E. S. "The Last Generation of the Roman Republic" (U California Press, 1974)
- Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
- Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
- Millar, F. The Emperor in the Roman World, (Duckworth, 1977, 1992).
- Mommsen, Theodor. Roman Constitutional Law. 1871–1888
- PolybiusPolybiusPolybius , Greek ) was a Greek historian of the Hellenistic Period noted for his work, The Histories, which covered the period of 220–146 BC in detail. The work describes in part the rise of the Roman Republic and its gradual domination over Greece...
. The Histories - Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
- Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
External links
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius
- Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu
- The Roman Constitution to the Time of Cicero
- What a Terrorist Incident in Ancient Rome Can Teach Us