Emperor’s Control of Officials

The usual number of consuls, praetors, and tribunes, were annually invested with their respective ensigns of office, and continued to discharge some of their least important functions.

Continuing Roman Empire’s Government,
our selection from The History of the Decline and Fall of the Roman Empire by Edward Gibbon published in 1776. The selection is presented in eight easy 5-minute installments. For works benefiting from the latest research see the “More information” section at the bottom of these pages.

Previously in Roman Empire’s Government.

Time: 2nd. Century (100-200)

The general control of the finances was entrusted to their [the counsuls] care; and though they seldom had leisure to administer justice in person, they were considered as the supreme guardians of law, equity, and the public peace. Such was their ordinary jurisdiction; but whenever the senate empowered the first magistrate to consult the safety of the commonwealth, he was raised by that decree above the laws, and exercised, in the defense of liberty, a temporary despotism. The character of the tribunes was, in every respect, different from that of the consuls. The appearance of the former was modest and humble; but their persons were sacred and inviolable. Their force was suited rather for opposition than for action. They were instituted to defend the oppressed, to pardon offences, to arraign the enemies of the people, and, when they judged it necessary, to stop, by a single word, the whole machine of government. As long as the republic subsisted, the dangerous influence, which either the consul or the tribune might derive from their respective jurisdiction, was diminished by several important restrictions. Their authority expired with the year in which they were elected; the former office was divided between two, the latter among ten persons; and, as both in their private and public interest they were averse to each other, their mutual conflicts contributed, for the most part, to strengthen rather than to destroy the balance of the constitution. But when the consular and tribunitian powers were united, when they were vested for life in a single person, when the general of the army was, at the same time, the minister of the senate and the representative of the Roman people, it was impossible to resist the exercise, nor was it easy to define the limits, of his imperial prerogative.

To these accumulated honors, the policy of Augustus soon added the splendid as well as important dignities of supreme pontiff, and of censor. By the former he acquired the management of the religion, and by the latter a legal inspection over the manners and fortunes, of the Roman people. If so many distinct and independent powers did not exactly unite with each other, the complaisance of the senate was prepared to supply every deficiency by the most ample and extraordinary concessions. The emperors, as the first ministers of the republic, were exempted from the obligation and penalty of many inconvenient laws: they were authorized to convoke the senate, to make several motions in the same day, to recommend candidates for the honors of the state, to enlarge the bounds of the city, to employ the revenue at their discretion, to declare peace and war, to ratify treaties; and by a most comprehensive clause, they were empowered to execute whatsoever they should judge advantageous to the empire, and agreeable to the majesty of things private or public, human of divine.

When all the various powers of executive government were committed to the Imperial magistrate, the ordinary magistrates of the commonwealth languished in obscurity, without vigor, and almost without business. The names and forms of the ancient administration were preserved by Augustus with the most anxious care. The usual number of consuls, praetors, and tribunes, were annually invested with their respective ensigns of office, and continued to discharge some of their least important functions. Those honors still attracted the vain ambition of the Romans; and the emperors themselves, though invested for life with the powers of the consulship, frequently aspired to the title of that annual dignity, which they condescended to share with the most illustrious of their fellow-citizens. In the election of these magistrates, the people, during the reign of Augustus, were permitted to expose all the inconveniences of a wild democracy. That artful prince, instead of discovering the least symptom of impatience, humbly solicited their suffrages for himself or his friends, and scrupulously practiced all the duties of an ordinary candidate. But we may venture to ascribe to his councils the first measure of the succeeding reign, by which the elections were transferred to the senate. The assemblies of the people were forever abolished, and the emperors were delivered from a dangerous multitude, who, without restoring liberty, might have disturbed, and perhaps endangered, the established government.

By declaring themselves the protectors of the people, Marius and Caesar had subverted the constitution of their country. But as soon as the senate had been humbled and disarmed, such an assembly, consisting of five or six hundred persons, was found a much more tractable and useful instrument of dominion. It was on the dignity of the senate that Augustus and his successors founded their new empire; and they affected, on every occasion, to adopt the language and principles of Patricians. In the administration of their own powers, they frequently consulted the great national council, and seemed to refer to its decision the most important concerns of peace and war. Rome, Italy, and the internal provinces, were subject to the immediate jurisdiction of the senate. With regard to civil objects, it was the supreme court of appeal; with regard to criminal matters, a tribunal, constituted for the trial of all offences that were committed by men in any public station, or that affected the peace and majesty of the Roman people. The exercise of the judicial power became the most frequent and serious occupation of the senate; and the important causes that were pleaded before them afforded a last refuge to the spirit of ancient eloquence. As a council of state, and as a court of justice, the senate possessed very considerable prerogatives; but in its legislative capacity, in which it was supposed virtually to represent the people, the rights of sovereignty were acknowledged to reside in that assembly. Every power was derived from their authority, every law was ratified by their sanction. Their regular meetings were held on three stated days in every month, the Calends, the Nones, and the Ides. The debates were conducted with decent freedom; and the emperors themselves, who gloried in the name of senators, sat, voted, and divided with their equals.

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