Division of Power in the Early Roman Empire (24 BC-282 AD)

THE DIVISION OF POWER

THE ROMAN SENATE (Senatus)

Legislative body of the Roman commonwealth. Composed of 600 "Conscript Fathers" elected for life. Most of these highly experienced politicians are ex-magistrates. Senators are ranked in terms of seniority. In the top are consulares, those who have held the the position of consul. Those senators who have not yet been elected as magistrates are called senatores pedarii and are not permitted to speak, only vote.

Senators are the most noble class in Rome, called vir clarissimi. New members are selected by the Emperor (who has perpertual censorial power). Membership in the Senate could be stripped if a senator has been found guilty of disregard of the mos maiorum: corruption, abuse of capital punishment, severe domestic violence, improper treatment of clients and slaves, bankrupts, or if auspices demanded to.

THE EMPEROR (Princeps civitatis, imperator augustus)

The Emperor is the chief of state, executive and judicial head of the Roman state. The Emperor of Rome is officially called First Citizen (Princeps civitatis) and First Legislator (Princeps senatus). He has extraordinary authority (auctoritas) and dignity (dignitas) based upon his many powers conferred by the Senate and People of Rome. The most important of these powers are:

Tribunicia potestas: The Emperor outranks all governors and magistrates. He has the right to enact capital punishment, could command obedience of private citizens, ability to pardon any civilian for any act, and enjoyed personal inviolability (sacrosanctitas), and could interpose his veto on any act or proposal of any magistrate and all acts of the Senate (ius intercessio).

Proconsular imperium maius: "The power vested by the state in a person to do what he considers to be in the best interests of the state." Person with Imperium maius outranks all other holders of imperium, provincial governors and military leaders outside of Rome. While inside the walls of Rome, the reigning Consuls and the Emperor hold equal authority.

As the princeps senatus, the Emperor can receive foreign embassises (or delegate them to the Senate) and lay business in the front of the Senate. The Senate does not have to ratify laws drafted by the Emperor (or his advisors), but in the other hand the Emperor can veto any action of the Senate.

The Senate is the official avisory board of the Emperor in foreign and domestic policy and military matters.

The Senate sends and receives foreign ambassadors, appoints provincial governors, all government officials and officials of the City of Rome by senatus consultum (like all acts of the Senate, these could be overruled by the Emperor).

The Senate has power over the Treasury (Aerarium) and appropriates government funds other than the Emperor's purse.

All the propositions of the Senate (senatusconsulta) must be first ratified by the Emperor before it could be enacted.

Invidivual members of the Senate act as judges in the courts of Rome.

RELIGIOUS SIGNIFICANCE

The Senate is only allowed to meet in a consacrated building, between sunrise and sunset, and only if the session has the approval of the Gods by auspices.

The Senate has legal power to deify people after their death and accept new gods to the Roman Pantheon.

Pontifex Maximus (Leader of the College of Pontiffs). The Emperor of is (usually) also the high priest of Rome. The main duty of the pontifex maximus is to uphold pax deorum (Peace of the Gods). He administers ius divinum or divine law: Regulation of expiatory ceremonies, consecration of all temples and other sacred places, regulation of the calender, superintendence of marriages by conferratio (marriage by direct consent of gods as told by auspices, high priest would celebrate the rites) and administration of the law of adoption and of testamentary succession.

Son of God. The Emperor is usually adopted formally and symbolically by the deceased Emperor. The deceased Emperor may be deified by the Senate, thus making the living Emperor as the Son of God (fili Divi).

PROVINCIAL GOVERNMENT

Senatorial or "civilian" provinces are governed by former magistrates for terms of one to two years, assisted by questors. They are appointed by the Senate. Senatorian governors:

  • Proconsuls were former consuls, who governed the rich provinces of Asia and Africa. They term of service was twelve months.
  • Propraetors were former praetors, who served for thirty-six months.

The Emperor solely appoints the governors of the Imperial Provinces, assisted by equestrian procuratores (chief financian officials). Imperial governors:

  • Legates (Legati Augusti pro praetore) are the Emperor's representatives and their term of office is typically thirty-six months.
  • Praeses are lower ranking governors, civilian administrators drawn from the equestrian order (former procurators).
  • Prefects (Praefecti) are highest ranking equestrian officials, who command the to special cases in the Roman Empire: Italy (former republics allied with Rome) and Egypt, which has full autonomy under the imperial commonwealth.
THE STATE FINANCE
AERARIUM (The State Common Treasury), supported by general taxes from senatorial provinces and charged with the ordinary expenditure. Head: Rationalis, who must be of equestrian order. Public treasury was deposited in the temple of Saturn.

Aerarium sanctius: Sacred reserve fund in the sanctum of the Temple, consisted of dedicated spoils of war and maintained by a 5% tax on the value of all manumitted slaves. Not to be touched except in cases of extreme necessity.
FISCUS (Imperial Treasury), supported by revenues from imperial provinces and estates, headed by a Prefect and assisted by judicial expert called Praetor Fiscalis to administer the law in matters relating to the Fiscus.

Aerarium militare (Military Treasury), containing all the monies appropriated to the maintenance of the army, including a pension fund for disabled and retired soldiers.
PATRIMONIUM or RES PRIVATA (Private property of the Emperor). Head: Procuratores Augusti. The Emperor is free to use his own personal wealth as he sees fit. Good Emperors have used their patromonium to support imperial and state treasury in times of crisis.