Executive Magistrates of the Roman Kingdom
Encyclopedia
The Executive Magistrates of the Roman Kingdom were elected officials of the ancient Roman Kingdom
. During the period of the Roman Kingdom
, the Roman King was the principal executive magistrate. His power, in practice, was absolute. He was the chief executive
, chief priest
, chief lawgiver
, chief judge
, and the sole commander-in-chief
of the army
. He had the sole power to select his own assistants, and to grant them their powers. Unlike most other ancient monarchs, his powers rested on law and legal precedent, through a type of statutory authorization known as "Imperium" (Latin: "Command"). He could only receive these powers through the political process of a democratic election, and could theoretically be removed from office. As such, he could not pass his powers to an heir upon his death, and he typically received no divine honors or recognitions. When the king died, his power reverted to the Roman Senate
, which then chose an Interrex
to facilitate the election of a new king. The new king was then formally elected by the People of Rome
, and, upon the acquiescence of the Roman Senate, he was granted his Imperium by the people through the popular assembly.
, the grade of legal authority (imperium) possessed by the Roman King was known as imperium legitimum. This probably meant that the only restriction on the king was that he observe precedent (mos maiorum
). This would, for example, suggest (but not require) that he consult with the senate before making decisions. In practice, therefore, the king had no real restrictions on his power. When war broke out, he had the sole power to organize and levy troops, to select leaders for the army, and to conduct the campaign as he saw fit. He controlled all property held by the state, had the sole power to divide land and war spoils, was the chief representative of the city during dealings with either the Gods or leaders of other communities, and could unilaterally decree any new law. Sometimes he submitted his decrees to either the popular assembly or to the senate for a ceremonial ratification, but a rejection did not prevent the enactment of a decree.
The king sometimes abided by the one restriction on his power (that he observe precedent). Sometimes, he abided by this restriction out of practical necessity, and at other times, he abided simply to respect tradition. While the king could unilaterally declare war, for example, he typically wanted to have such declarations ratified by the popular assembly. In addition, he did not usually decide matters that dealt with family law, but instead let the popular assembly decide these matters. While the king had absolute power over criminal and civil trials, he probably only presided over a case in its early stages (in iure), and then referred the case to one of his assistants (an iudex) for settlement. In the most serious criminal cases, the king may have referred the case to the people, assembled in the popular assembly, for trial. In addition, the king usually received consent from the other priests before introducing new deities.
The period between the death of a king, and the election of a new king, was known as the interregnum
. During the interregnum, the senate elected a senator to the office of Interrex
to facilitate the election of a new king. Once the Interrex found a suitable nominee for the kingship, he presented this nominee to the Senate for an initial approval. If the Senate voted in favor of the nominee, that person stood for formal election before the People of Rome in the Curiate Assembly
(the popular assembly). After the nominee was elected by the popular assembly, the senate ratified the election by passing a decree (the auctoritas patrum or "authority of the fathers"). Since any nominee was picked by a member of the senate (the Interrex), the auctoritas patrum primarily functioned as a safeguard against a headstrong Interrex. The Interrex then formally declared the nominee to be king. The new king then took the auspices (a ritual search for omens from the Gods), and was vested with legal authority (imperium
) by the popular assembly (through the passage of a law known as the lex curiata de imperio
). In theory, the king was elected by the people, but in practice, it was the senate that had the real power over the election of new kings. The popular assembly could not select a candidate for the kingship. And while they could vote against a candidate, it was unlikely that they ever would.
(the magister peditum or "master of the infantry"), and that of the Dictator's subordinate, the Master of the Horse
(the magister equitum or "master of the cavalry").
When the king (Latin: rex) died, his powers reverted to the senate. The period that began upon the death of a king, and end upon the election of a new king, was called the interregnum. When an interregnum began, an Interrex
(literally "interim king") was chosen. An Interrex always had to be a patrician. The exact method by which the first Interrex was chosen during a given interregnum is not known. What is known, however, is that each Interrex had to vacate his office after five days. Before he vacated his office, he had to choose a successor. A new Interrex was chosen every five days, until a new king had been sworn in. The Interrex was quite literally an "interim king". The only difference between the king and the Interrex was the five day term limit that the Interrex was subject to. The Interrex had the same level of legal authority (imperium) as did the king. Therefore, while the Interrex was required to facilitate the election of a new king, the powers of the Interrex were not limited to this function. The Interrex could, for example, issue any decree, make any law, command the army, and preside over the Senate and the assemblies.
Roman Kingdom
The Roman Kingdom was the period of the ancient Roman civilization characterized by a monarchical form of government of the city of Rome and its territories....
. During the period of the Roman Kingdom
Roman Kingdom
The Roman Kingdom was the period of the ancient Roman civilization characterized by a monarchical form of government of the city of Rome and its territories....
, the Roman King was the principal executive magistrate. His power, in practice, was absolute. He was the chief executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, chief priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
, chief lawgiver
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
, chief judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, and the sole commander-in-chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the army
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...
. He had the sole power to select his own assistants, and to grant them their powers. Unlike most other ancient monarchs, his powers rested on law and legal precedent, through a type of statutory authorization known as "Imperium" (Latin: "Command"). He could only receive these powers through the political process of a democratic election, and could theoretically be removed from office. As such, he could not pass his powers to an heir upon his death, and he typically received no divine honors or recognitions. When the king died, his power reverted to the Roman Senate
Senate of the Roman Kingdom
The Senate of the Roman Kingdom was a political institution in the ancient Roman Kingdom. The word senate derives from the Latin word senex, which means "old man"...
, which then chose an Interrex
Interrex
The Interrex was literally a ruler "between kings" during the Roman Kingdom and the Roman Republic. He was in effect a short-term regent....
to facilitate the election of a new king. The new king was then formally elected by the People of Rome
SPQR
SPQR is an initialism from a Latin phrase, Senatus Populusque Romanus , referring to the government of the ancient Roman Republic, and used as an official emblem of the modern day comune of Rome...
, and, upon the acquiescence of the Roman Senate, he was granted his Imperium by the people through the popular assembly.
The King of Rome
According to the contemporary historian SallustSallust
Gaius Sallustius Crispus, generally known simply as Sallust , a Roman historian, belonged to a well-known plebeian family, and was born at Amiternum in the country of the Sabines...
, the grade of legal authority (imperium) possessed by the Roman King was known as imperium legitimum. This probably meant that the only restriction on the king was that he observe precedent (mos maiorum
Mos maiorum
The mos maiorum is the unwritten code from which the ancient Romans derived their social norms. It is the core concept of Roman traditionalism, distinguished from but in dynamic complement to written law. The mos maiorum The mos maiorum ("ancestral custom") is the unwritten code from which the...
). This would, for example, suggest (but not require) that he consult with the senate before making decisions. In practice, therefore, the king had no real restrictions on his power. When war broke out, he had the sole power to organize and levy troops, to select leaders for the army, and to conduct the campaign as he saw fit. He controlled all property held by the state, had the sole power to divide land and war spoils, was the chief representative of the city during dealings with either the Gods or leaders of other communities, and could unilaterally decree any new law. Sometimes he submitted his decrees to either the popular assembly or to the senate for a ceremonial ratification, but a rejection did not prevent the enactment of a decree.
The period between the death of a king, and the election of a new king, was known as the interregnum
Interregnum
An interregnum is a period of discontinuity or "gap" in a government, organization, or social order...
. During the interregnum, the senate elected a senator to the office of Interrex
Interrex
The Interrex was literally a ruler "between kings" during the Roman Kingdom and the Roman Republic. He was in effect a short-term regent....
to facilitate the election of a new king. Once the Interrex found a suitable nominee for the kingship, he presented this nominee to the Senate for an initial approval. If the Senate voted in favor of the nominee, that person stood for formal election before the People of Rome in the Curiate Assembly
Curiate Assembly
The Curiate Assembly was the principal assembly during the first two decades of the Roman Republic. During these first decades, the People of Rome were organized into thirty units called "Curia"...
(the popular assembly). After the nominee was elected by the popular assembly, the senate ratified the election by passing a decree (the auctoritas patrum or "authority of the fathers"). Since any nominee was picked by a member of the senate (the Interrex), the auctoritas patrum primarily functioned as a safeguard against a headstrong Interrex. The Interrex then formally declared the nominee to be king. The new king then took the auspices (a ritual search for omens from the Gods), and was vested with legal authority (imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
) by the popular assembly (through the passage of a law known as the lex curiata de imperio
Lex curiata de imperio
In the constitution of ancient Rome, the lex curiata de imperio was the law confirming the rights of higher magistrates to hold power, or imperium...
). In theory, the king was elected by the people, but in practice, it was the senate that had the real power over the election of new kings. The popular assembly could not select a candidate for the kingship. And while they could vote against a candidate, it was unlikely that they ever would.
Other executive officials
The king chose several officers to assist him, and unilaterally granted them their powers. When the king left the city, an Urban Prefect (praefectus urbi) presided over the city in place of the absent king. The king also had two Quaestors (quaestores parricidii) as general assistants, while several other officers (the duumviri perduellionis) assisted the king during treason cases. In war, the king occasionally commanded only the infantry, and delegated command over the cavalry to the commander of his personal bodyguards, the Tribune of the Celeres (tribunus celerum). In the early republic, this arrangement was revived with the creation of the offices of DictatorRoman dictator
In the Roman Republic, the dictator , was an extraordinary magistrate with the absolute authority to perform tasks beyond the authority of the ordinary magistrate . The office of dictator was a legal innovation originally named Magister Populi , i.e...
(the magister peditum or "master of the infantry"), and that of the Dictator's subordinate, the Master of the Horse
Master of the Horse
The Master of the Horse was a position of varying importance in several European nations.-Magister Equitum :...
(the magister equitum or "master of the cavalry").
When the king (Latin: rex) died, his powers reverted to the senate. The period that began upon the death of a king, and end upon the election of a new king, was called the interregnum. When an interregnum began, an Interrex
Interrex
The Interrex was literally a ruler "between kings" during the Roman Kingdom and the Roman Republic. He was in effect a short-term regent....
(literally "interim king") was chosen. An Interrex always had to be a patrician. The exact method by which the first Interrex was chosen during a given interregnum is not known. What is known, however, is that each Interrex had to vacate his office after five days. Before he vacated his office, he had to choose a successor. A new Interrex was chosen every five days, until a new king had been sworn in. The Interrex was quite literally an "interim king". The only difference between the king and the Interrex was the five day term limit that the Interrex was subject to. The Interrex had the same level of legal authority (imperium) as did the king. Therefore, while the Interrex was required to facilitate the election of a new king, the powers of the Interrex were not limited to this function. The Interrex could, for example, issue any decree, make any law, command the army, and preside over the Senate and the assemblies.
See also
Primary sources
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius