Constitution of the Late Roman Empire
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The constitution of the Principate, which had been established by the emperor Augustus in the first century BC, had attempted to use the then-powerless republican machinery to disguise monarchy. It was built around an illusion of two co-equal institutions, the emperor and the senate. During the middle and later years of the Principate, the republican illusions gradually faded as the reality of monarchy became increasingly clear. The constitution of the Dominate ultimately shed the remaining vestiges of republicanism, and recognized monarchy as the true source of power.
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[edit] Constitutional reforms of Diocletian
Diocletian became emperor in 284. His reign marked the end of the era of the Principate, and the beginning of the era of the Dominate. He broke away from the republican illusion. Diocletian's constitution formally recognized the authority of the emperor as the real power of the state. After Diocletian reorganized the superstructure of the constitution, he then reorganized the administrative apparatus of the government.
[edit] Augusti
Under Diocletian's new constitution, power was shared by two emperors, the Augusti. The establishment of two co-equal Augusti marked a rebirth of the old republican principle of collegiality. All laws, decrees, and appointments that came from one of the Augusti, were to be recognized as coming from both conjointly. One Augustus was to rule the western half of the empire, and the other Augustus was to rule the eastern half of the empire. Diocletian made Maximian his co-Augustus. Diocletian took the eastern empire, and made Nicomedia his capital. Maximian took the western empire, and made Milan his capital. This set the precedent of an empire divided into east and west. To make the two empires symbolically appear to be one, Diocletian called his territory patres Orientis. Maximian called his territory patres Occidentis.
[edit] Augusti relative to the old Princeps
The Augusti were legally distinct from the old Princeps. Under the Principate, the Princeps took the place of the old republican magistrates. When a Princeps issued a decree, that decree was only valid so long as that Princeps was emperor. Under the republic, any decree issued by a magistrate was only good so long as that magistrate was in office.
Under the republic and the Principate, only the senate and legislative assemblies were continuous institutions. Thus, only they could pass laws that would remain in effect indefinitely. In contrast, any action taken by a republican magistrate or an imperial Princeps had a finite life. Such an action would expire after the individual who took that action left office. Under Diocletian's new Dominate, the Augusti took the place of the senate and the assemblies. Now, any decree of an Augustus would remain in force even after that particular emperor left office. Such an act could only be invalidated by a future emperor. The logical extension of this concept meant that neither a magistrate, the assemblies, nor the senate, could legally restrain the emperor.
The old republican magistrates, as well as the Princeps, had legal status. Under the republic, the state gave the magistrates the authorization to hold their office. Under the Principate, the state gave the Princeps the legal authorization to be emperor. Any Augusti, in contrast, did not need authorization by the state to be emperor. The Augusti became the state.
The higher authority of the Augusti was illustrated by their robes (which were trimmed with precious stones) and the imperial diadem. This was also illustrated by the elaborate ceremony required of anyone who approached them.
Unlike the old Princeps, the Augusti were viewed as being more than mortal. This was illustrated by the honors that they received. These honors had, in the past, been reserved for Gods. While emperors had received such honors in the past, they only received these honors after their death. In contrast, the Augusti could receive such honors while they were still alive.
[edit] Caesares
In 293, Diocletian and Maximian appointed two Caesares. This resulted in an arrangement known as a tetrarchy ("rule by four"). The Caesares were subordinate to their Augusti The only authority that they had was that which had been given to them by their Augustus. Their status was so inferior to the Augusti that they received a fixed salary. The powers that were delegated to them usually included the right to hear appeals. A set of provinces were usually assigned to them, and they had the right to supervise the governors of those provinces.
The reason why Diocletian created the office of Caesar was to create a method by which orderly successions could occur. When one Augustus died, one of the two Caesares would replace that Augustus. When a new Caesar was appointed, his Augustus would adopt him. Diocletian had hoped that the Augusti would jointly resign at a given point in time, and allow their Caesares to replace them.
[edit] Administrative divisions of the empire
Diocletian separated, and then reorganized, the civil and military administrative apparatus. The new civil administration was led by four praetorian prefects (praefecti praetorio). The military divisions were led by five to ten generals called magistri militum. Both the prefects and the magistri militum had subordinates. To make governing easier, the empire was divided into many small jurisdictions. Diocletian separated the civil and military administrative apparatuses to mitigate the risk that future generals would attempt to seize the throne through the force of arms.
[edit] Civil administration
The empire was divided into four jurisdictions called "prefectures". These prefectures were Orientis, Illyrici, Italiae, and Galliarum. Each prefect presided over one prefecture. Constantinople, Sirmium, Milan, and Treves were all capitals of an individual prefecture. The prefects were called, respectively, praefectus praetorio Orientis, Illyrici, Italiae, and Galliarum. Rome and (what would become) Constantinople both were assigned civil governors. These governors, however, answered to their Augusti, rather than their prefect.
The powers of the prefects were vast. A prefect could nominate an individual to fill a gubernatorial vacancy. He could also supervise the conduct of those governors, or even dismiss a governor if he wished. He could interpret the law, and hear appeals. After 331, his rulings could not be appealed. He had complete control over his territory's finances. Diocletian assigned to the prefects some military responsibilities. The emperor Constantine would later revoke these powers. The powers of the prefects were so extensive that Diocletian only allowed each prefect to remain in office for a short period of time.
The prefectures were divided into dioceses, and the dioceses were divided into provinces. By the fifth century, there were twelve dioceses. Some dioceses included as many as seventeen provinces. The result was that each unit of government was much smaller (and thus more manageable) than it had been before Diocletian's reforms.
The governor of a diocese was called a vicarius. The vicarius was appointed by his Augusti. Each province was jointly supervised by both its prefect and its vicarius. Neither a prefect nor a vicarius held any military powers.
[edit] Military administration
The military administration was led by five to ten generals called magistri militum. Each magistri militum supervised territorial commanders called duces or comites Each of the duces or comities had military authority over a unit called a ducatus. Each ducatus was similar, although not identical, to a province.
[edit] Senate
The removal of the seat of government from Rome reduced the senate to a municipal body. This image was reinforced when the emperor Constantine would later create a similar body in Constantinople. Diocletian also discontinued the practice of having the senate ratify the imperial powers of a new emperor. Going back to the founding of the city, control of the state was considered to return to the senate whenever the chief magistracy became vacant. This particular reform robbed the senate of its status as the depository of supreme power. Diocletian's reforms also ended whatever illusion had remained that the senate had substantive legislative powers. And since the magistracies had become meaningless, the electoral powers of the senate had no real meaning.
The senate retained the power to elect praetors, quaestors, and some consuls (only the consules suffecti). It retained its legislative powers over public games and the senatorial order. It could also try cases, especially treason, if the emperor gave permission.
[edit] Executive magistrates
The executive magistrates had been little more than municipal officials since long before Diocletian became emperor. Diocletian's reforms simply declared this openly. The consul now could only preside over the senate. The praetor and quaestor could only manage public games. The praetor did retain some limited judicial authority. All other magisterial offices disappeared.
The first two consuls in a given year, the consules ordinarii, were appointed by the emperor. The term of a consules ordinarii would now end on April 21. All other consuls in a given year (the less-prestigious consules suffecti) were elected by the senate. The senate also elected praetors and quaestors. However, the approval of the emperor was required before any election could be certified.
[edit] Constitution of the Late Roman Empire after Diocletian
Diocletian abdicated the throne in 305. The constitution that Diocletian created quickly gave way to chaos. After the chaos had subsided, much of Diocletian's constitution remained in effect. His division of the empire into east and west, with both halves under the command of a separate emperor, remained. The capital of the western empire was never returned to Rome. The senate and executive magistrates continued to function as Diocletian's constitution had originally specified. In addition, Diocletian's civil and military divisions of the empire remained in effect.
Later emperors, especially Constantine, would modify Diocletian's constitution. However, in one form or another, this constitution survived until the reforms of Justinian.
[edit] See also
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[edit] References
- Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics (ISBN 0-543-92749-0).
- Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23.
- Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. London: Edmund Spettigue. Vol. 1.
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).
- Polybius (1823). The General History of Polybius: Translated from the Greek. By Mr. Hampton. Oxford: Printed by W. Baxter. Fifth Edition, Vol 2.
- Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press (ISBN 0-472-08125-X).
[edit] Notes
[edit] Further reading
- 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.
- Mommsen, Theodor. Roman Constitutional Law. 1871-1888
- 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.
- The Histories by Polybius
- Cambridge Ancient History, Volumes 9–13.
- A. Cameron, The Later Roman Empire, (Fontana Press, 1993).
- M. Crawford, The Roman Republic, (Fontana Press, 1978).
- E. S. Gruen, "The Last Generation of the Roman Republic" (U California Press, 1974)
- F. Millar, The Emperor in the Roman World, (Duckworth, 1977, 1992).
- A. Lintott, "The Constitution of the Roman Republic" (Oxford University Press, 1999)
[edit] 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
[edit] Secondary source material
- 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
