History of the West

Central European History from Antiquity to the 20th Century

Tag: Praetor

The Chastity of Julia

La Meditazione by Luigi Sechhi
La Meditazione by Luigi Secchi

In many respects, it is surprising that Hollywood has not yet identified the story of Julia the Elder (30 October 39 BC-AD 14), the only daughter of Emperor Augustus, and the House of the Julio-Claudians as the subject of a production which easily might rival “Game of Thrones”.

Her family entanglements alone were manifold and on the incestuous side: she was not only (1) the sole child and daughter of the Emperor Augustus, but also (2) the stepsister and second wife (yes!) of the Emperor Tiberius; the (3) maternal grandmother of the Emperor Caligula and Empress Agrippina the Younger as well as the (4) grandmother-in-law of the Emperor Claudius, and last not least (5) the maternal great-grandmother of the Emperor Nero

Like other famous and powerful women of antiquity, Cleopatra or Theodora, the light she was painted in by her contemporary historians is fluctuating between invective and accolade. We must keep in mind though, that scandalous writings, in particular of sexual or murderous nature, was par for the course in ancient politics – especially in the Roman Empire which was characterized by legal and public exhortations of virtue and chastity (countless laws were passed to fortify the public morals), but in reality was but one big brothel, as pretty much all contemporary sources agree. Prostitution was always legal in Rome and sex with slaves essentially unregulated.

Her mother was Augustus’ second wife Scribonia, but as the Emperor had divorced her (to add insult to injury Augustus remarried on the day Julia was born), she grew up with her then-stepmother Livia, the famous court manipulator …

It would appear that her father emphasized a good – if strict – education, and all sources agree on Julia’s ample knowledge of literature and culture. As it would be expected and was Roman custom, at the age of 14, in 25 BC, she was married to the current political favourite among Augustus’ assistants, Marcus Claudius Marcellus, who, alas, died of an epidemic two years later.

A little party in the woods ...
A little party in the woods …

His death in no respect came unwelcome to Marcellus’ great rival and second lieutenant to Augustus, Marcus Vipsanius Agrippa, who proceeded – two years later – to inherit Julia. And here it gets complicated from the start. Although the marriage resulted in five children, rumours of Julia’s lax interpretation of the holy vows began immediately. Not only did she apparently begin a long-time affair with a certain Sempronius Gracchus (from the famous Republican family, who was later banned for the affair by Augustus and, as it seems, executed by Tiberius after his becoming emperor in AD 14), but, so it was widely rumoured, in addition, developed a passion for the selfsame Tiberius, who, to complicate things, was her stepbrother by adoption.

Yet in 12 BCE, Agrippa suddenly expired as well, and Augustus, after the loss of the second heir presumptive quickly married off his daughter – after a period of mourning as brief as to border on the perfunctory – to the next in line, Tiberius, in 11 BCE.

Yet this marriage seemed to have been blighted from the start. Notwithstanding Julia’s earlier infatuation with Tiberius, he had since married Vipsania Agrippina, a daughter of  Marcus Agrippa, and was reported to be very fond of her. Yet by Imperial command, divorce and subsequent remarriage to Julia could not be circumvented. The union, however, produced no offspring except for a baby-son who died in infancy and after 6 BC, when Tiberius left Rome for retirement in Rhodes, the non-lovers had separated – apparently by mutual assent.

The reasons behind the retirement are somewhat unclear. Historians have speculated that it was motivated because Augustus had adopted his grandsons Gaius Caesar and Lucius Caesar by Julia and Agrippa, and Tiberius had accepted that they would rank before him in the order of succession. In the event, they died AD 2 and AD 4 – both of quick and mysterious illnesses, which caused only more gossip – and hence they subsequently did not matter. Velleius Paterculus and Cassius Dio, however, write that Julia’s “promiscuous and very public behaviour” may have played a role as well.

Reawakening by Giulio Aristide Sartorio

Now we get to the part where the story gets mysterious, for the real motivations for what happened now have never come out. Notwithstanding the rumours of her earlier infidelities (of which the whole Empire was reasonably aware and her father must have known from beginning to end), Pliny reports that in AD 2 she was actually arrested on Augustus’ orders for adultery and for having planed, with unnamed conspirators, the murder of her father and/or her husband Tiberius. As mentioned, Augustus’ motivation is not known – even Tiberius reportedly wrote from Rhodes in favour of Julia. No investigation was held, no Procès-verbal, no explanations given.

But Augustus found himself in a bind he had created himself. In 18 BC, he has passed, among some other bills sponsoring the moral superiority of the Roman race, the “Lex Iulia de adulteriis, which not only punished adultery with banishment, in which the two perpetrators were to be banned on two different islands and their property could be partially confiscated, but allowed fathers to kill guilty daughters and their lovers, if they could lay hands on them, and husbands, depending on the circumstances of the crime, to kill the culprits and required to divorce the wives. The responsibility for punishing a daughter lay with the paterfamilias, hence, in the present case, Augustus himself.

Julia as  Venus - Diego Velázquez
Without doubt, she may have made a fine model for Diego Velázquez

Now the Emperor had to prosecute the daughter, which he did. As Tiberius was absent from the capital, Augustus sent her a letter in his name, asserting that Julia had actually schemed against his life in addition to the sexual crimes and declared the marriage null and void.

Julia in Exile at Ventotene, by Pavel Svedomskiy

Julia was sent to banishment on the tiny island of Pandateria (today’s Ventotene), then a manless and wineless (for she was fond of wine) barren spot in the Tyrrhenian Sea. She was forbidden to receive visitors and spent her last years solely in the presence of her mother, who shared the exile. Later, two of her children were exiled as well, for various other offences.

Augustus moved her back to the mainland five years later and granted her a small allowance, favours which were repudiated when her former husband Tiberius became Emperor in AD 14. She died in the same year – probably starved to death, a favourite method of Imperial providence.

Golden Rain by Leon Francois Comerre
Or maybe a model for Leon Francois Comerre?

Why was Augustus so harsh – harsher, actually, than the law prescribed? He was entitled to do whatever he saw fit – he might simply have ignored the whole affair. Clearly, he did it for matters of state and his own image as a self-proclaimed moral renovator of the Empire. The suspicion of modern historians is that there is, however, a greater context to observe – an offensive against the tendency of Roman women of the late Republic to emancipate themselves from the tight male reign they were held in. Like Sulla, Octavian was an arch-conservative and as some historians have assumed, may have followed no lesser target than to establish himself as the moral paterfamilias of the whole Empire – as the personification of absolute authority.

Perhaps Augustus did indeed suspect a conspiracy against himself and the principate – that the alleged lovers of his daughter planned to replace Tiberius as heir presumptive with Iullus Antonius, the son of Marc Antony (who had been a praetor before, and also proconsul for Asia) – the more likely because important senatorial family members, namely former consul Titus Quinctius Crispinus Sulpicianus, a Scipio, the aforementioned Sempronius Gracchus and one Appius Claudius were implicated in the scandal and banned or drawn to commit suicide.

The drawback of the theory is that Julius Antonius’ succession would have disadvantaged Julia’s own sons Gaius and Lucius Caesar, who had already been adopted by their grandfather Augustus (and were not dead yet at this time) and did have their own place in the pyramid of succession.

What about Julia’s alleged behaviour in the first place? Various ancient historians have criticized her sexual behaviour. For reasons of convenience. I will cite here the respective Wikipedia summary (which I very seldom do):

Odalisque by Jules Joseph Lefebvre
Odalisque by Jules Joseph Lefebvre

Marcus Velleius Paterculus describes her as “tainted by luxury or lust”, listing among her lovers Iullus Antonius, Quintius Crispinus, Appius Claudius, Sempronius Gracchus, and Cornelius Scipio. Seneca the Younger refers to “adulterers admitted in droves”; Pliny the Elder calls her an “exemplum licentiae”. Dio Cassius mentions “revels and drinking parties by night in the Forum and even upon the Rostra”. Seneca tells us that the Rostra was the place where “her father had proposed a law against adultery”, and yet now she had chosen the place for her “debaucheries”. Seneca specifically mentions prostitution: “laying aside the role of adulteress, she there [in the Forum] sold her favours, and sought the right to every indulgence with even an unknown paramour.” Modern historians discredit these representations as exaggerating Julia’s behaviour.

Copperplate by Caracci

Macrobius provides invaluable details of her witticisms and personality.  … On her character, he writes that Julia was extensively celebrated for her amiable, empathetic nature and studiousness despite her profligacy; “She was abusing her standing as fortune’s darling, and her father’s, though in other respects she gained a great deal of credit for her love of literature and extensive learning… and her kindness, fellow-feeling, and lack of cruelty.’

We ought to see the whole picture perhaps within the background of the incessant succession conflicts that were legendary during the Julio-Claudian dynasty. The early Empire was notably different from later forms of dynastic inheritance that the concept of primogeniture did not exist and adoption was a common and entirely legal and accepted alternative in succession issues. Neither existed a legally prescribed formula on how to bequeath the Imperial succession. Since neither Augustus, Caligula or Nero fathered a legitimate son, adoption became the common way for the respective Emperor to manage his succession in the desired route.

Hence, positive selection – usually adoption – and negative selection – murder by poison or execution for treason – competed in a certain balance of which every member of the court was only too accurately aware of. Because so few plain opportunities of genuine succession occurred – normal father-son or grandfather-grandson relations – it was almost expected of family members to contemplate the murder of the heirs apparent to advance the chances of their own offspring, lovers or favourites.

In addition, the return to the Republic was never legally excluded – and always remained a bane to the Imperial family – hence the successively rising power of the Magistri militum, who, by the fifth century, reigned in realitas through tame puppet-emperors.

Whether Julia played the succession game in earnest or simply became the victim of a gambit by her father, we do not know. The real reasons for Julia’s downfall hence remain a mystery – Augustus certainly was a straight-laced sourpuss yet a canny politician.

She was witty. Macrobius writes:

At a gladiatorial show, her stepmother Livia and Julia drew the attention of the people by the dissimilarity of their companions; Livia was surrounded by respectable men, Julia by men who were not only youthful but extravagant. Her father wrote that she ought to notice the difference between the two princesses, but Julia wrote back, “These men will be old when I am old“.

One day she came into his presence in a somewhat risque costume, and though he said nothing, he was offended. The next day she changed her style and embraced her father, who was delighted by the respectability which she was affecting. Augustus, who the day before had concealed his distress, was now unable to conceal his pleasure. “How much more suitable”, he remarked, “for a daughter of Augustus is this costume!” Julia did not fail to stand up for herself. “Today”, she said, “I dressed to be looked at by my father, yesterday to be looked at by my husband.” *

[* Macrobius, Saturnalia 2.5.1-10. ca. AD 400. Tr. H. Lloyd-Jones. L]

Well remembered is the explanation she gave why all her children resembled Agrippa – her then-husband – so much; despite her alleged promiscuity:

“I take on a passenger only when the ship’s hold is full.” [Macrobius, Saturnalia, Book II, 5:9.)  

(© John Vincent Palatine 2019)

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The Power of Command

Authority in Rome

The exercise of authority in Rome – at least during much of the Republic – things changed under the Principate and the Empire – was based, as were morals and religion upon the mos maiorum, the laws of the elder, and Roman society was very much a mirror image of its core, the family.

Representation of a sitting of the Roman Senate - Cicero attacking Catilina, from a 19th-century fresco
Representation of proceedings in the Roman Senate – Cicero attacking Catilina, from a 19th-century fresco

The family – which rather should be translated as “household” in the sense of an economic unit than referring to blood relatives only – was almost dictatorially headed by the pater familias, while the relations outside of the family were guided by the principles of patron (patronus) and client (cliens).  

It surprises little that these two elements were largely mirrored within the legal concepts of civil and military authority.

Caesar crossing the Rubicon River

The concept of potestas was applied, as we would say, in matters of the private law, within the family as the Patria potestas, and in civil law the power, or perhaps better the jurisdiction and responsibility, of a magistrate to promulgate the laws and arrange the workings of the state, i.e. rather an expression of socially recognized power than an executive function.


Auctoritas, however, was different in nature, not a matter of the law but a measure of the prestige a man (or, in Imperial times, a woman) enjoyed within the Roman society. Politically, it expressed itself predominantly in the Senate, in the auctoritas of the Princeps Senatus, the censors, and other outstanding personalities. (1) It was, naturally, a matter of charisma.

Imperium was a more serious matter. It was the legally prescribed formal power of command a citizen held over a civil or military entity – a military unit, a province, territory, campaign or special command (e.g. Pompey against the Cilician pirates in 67-66 BC). Imperium was held by the curule aedile, the praetor, the consul, the magister equitum, and the dictator, and such promagistrates (propraetors and proconsuls) which were appointed annually for the government of provinces.

Imperium was bestowed by a legal act of the Senate and originally limited to one year with the exception of the dictator’s term of six months and the rare imperium maius which could last as long as the underlying mandate. In the last century of the Republic, these rules were commonly broken – Marius‘ seven consulships, Caesar‘s five-year term in Gallia and his and Sulla‘s dictatorships. The emperors’ Imperium, naturally, ran for a lifetime.

Imperium sometimes included – at least for a dictator, or later the emperor – the power to command the death penalty for offenders (although various laws limited the death penalty for Romans citizens, which, however, tended to work better for the rich and famous than for the poor sods of Subura and the bottom of Esquilina, the two tribes reserved for the majority of the plebs).

Imperium was limited to geographical borders – see the praetor peregrinus outside of Rome but not inside; imperium over provinces ended on its borders. That is why Caesar crossing the Rubicon as the border river f Gallia cisalpina was technically high treason and was taken as the declaration of civil war.

The outside symbol of imperium was the prominence of lictors, guards accompanying the holder of office:

  • Curule aedile (aedilis curulis) – 2 lictors
    • Since a plebeian aedile (aedilis plebis) did not own imperium, he was not escorted by lictors.
  • Magister equitum (the dictator‘s deputy) – 6 lictors
  • Praetor – 6 lictors (2 lictors within the pomerium)
  • Consul – 12 lictors each
  • Dictator – 24 lictors outside the Pomerium and 12 inside; starting from the dictatorship of Lucius Sulla the latter rule was ignored.
    • Because the dictator could enact capital punishment within Rome as well as without, his lictors did not remove the axes from their fasces within the pomerium. (see Wikipedia)

Since many magistrates held Imperium, the question of overruling was a constant practical matter. Commonly it worked by seniority – an aedile could be overruled by a praetor, the praetor by the consul and so forth. Colleagues could overrule each other, i.e. veto – and frequently did, except for the dictator, whose orders were above the law and not subject to subsequent judicial proceedings.

In special cases – see Pompey above – the Senate could give out imperium maius (“greater”) to an official, usually for a closely defined task (dictators held it by definition). This proved such a desirable and effective method of office that it was quickly appropriated by the emperors and became their hallmark.

Tiberius and Gaius Gracchus, the two famous tribunes, by Eugene Guillaume

The last and rather different form of a command – being entirely a negative power – was the famous “Intercessio!” – ‘I step in!’, by which any Tribune of the Plebs (of which they were usually ten) could veto discussions, commands, trials and even laws. This being a most practical way of interference, every bigwig of the late republic – Marius, Sulla, Pompey, Caesar and the like – made sure they always had one or two tame tribunes on their payroll which they could use for political sabotage.

This ability proved so useful and desirable that, from Augustus on, every emperor made sure to receive the tribunal character on the occasion of his ascension to the throne. Imperium maius and the tribunal power became the major instruments of Imperial reign.

Clemency could be obtained by appealing to a Vestal Virgin

(© John Vincent Palatine 2019)

(1) See Wiki: The 19th-century classicist Theodor Mommsen describes the “force” of auctoritas as “more than advice and less than command, a piece of advice which one may not safely ignore.” Cicero says of power and authority, “Cum potestas in populo auctoritas in senatu sit.” (“While power resides in the people, authority rests with the Senate.”)

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The Cursus Honorum

Roman Offices
Roman Offices

Political procedures of the Roman Republic

In the first two hundred years or so, Rome was a monarchy: the names of seven kings are known, of whom the last, Tarquinius, possibly of Etruscan origin, was deposed in 509 BC and the republic proclaimed. From then on, Rome was socially and politically divided in two “classes”, ninety-one “centuries” and thirty-five “tribes”, each of these classifications counting for a different political purpose. The two “classes” were, for one, the common men or “plebs” [short ‘e’, rhymes with ‘pets’, adjective ‘plebeian’, ¶], and, second, the “patricians” [from Latin ‘pater’, i.e. father, ¶], the nobility. These ancient aristocrats professed to rule the plebs much like a stern but benevolent father rules his children – for their own benefit.

These two classes worked together, or, rather, against each other, in four different legislative and executive congregations: one “Senate“, which comprised only patricians (in the first centuries), and three “assemblies of the people“, which had different legislative authorities. Since the origins of all these bodies reached back into the mythical days when Rome had been a monarchy, these bodies had been created without the benefit of written laws; hence legislative competition was furious, and it took three centuries to iron things out.

Due to its seniority as the oldest political institution, the Senate did not limit itself with technical jurisdictional issues; its members viewed themselves as the natural leaders of the commonwealth due to their former status as the king’s advisors. Membership was for life unless a senator was expelled for pauperism, immorality or treason. Technically, the senators were limited to income from agrarian possessions, for they were legally forbidden to entertain plebeian businesses; but they knew everything about silent partnerships and employing straw men.

The death of Julius Caesar in the Roman Senate by Vincenzo Camuccini
The death of Julius Caesar in the Roman Senate by Vincenzo Camuccini

In ancient times, the Senate had been a purely patrician affair, consisting of one hundred members. Around 500 BC, plebeians gained access, and during the days of the republic the membership swelled to 300, and in imperial times to 600 and eventually 1,000 members. As it may be assumed, it took the plebs decades and sometimes centuries to effect changes in the elitist club. In the early days, the Senate could not pass laws binding all Romans, for its exclusive patrician membership, but this technicality was easily circumvented. A decision of the Senate was called a “consultum”, a decree, and was technically a request to one of the assemblies of the people to enact a law in the form suggested by the Senate. Despite vigorous plebeian opposition, the house succeeded in retaining sole jurisdiction in matters of the treasury or  fiscus, foreign affairs, including war, and the appointment of provincial governors.

The three assemblies of the people dealt, each in its own distinctive way and composition, with elections and the enactment of lesser laws. The “Comitia Centuriata”, the Centuriate Assembly, included both plebeians and patricians and was organized in “Centuriae”, i.e. “centuries” of one hundred men each, classified by wealth. The system of centuries hinted at the congregation’s original military character: a centuria of one hundred men was, of course, the basic unit of the legion. In the Comitia Centuriata, ninety-one centuries were represented, and each centuria had one vote.

Cicero indicts Catilina - Painting by Hans Werner Schmidt
Cicero indicts Catilina – Painting by Hans Werner Schmidt

This small number of votes reflects on the character of Roman voting rights, which were timocratic in nature, not democratic: based on wealth or status, not “one man -one vote”. Each centuria had one vote, which was decided by the relative majority of votes within it; the swindle in favour of the nobility lay in the fact that a centuria of patricians was indeed composed of one hundred men, while each centuria of the plebs was comprised of many thousand men. The following description of the political system of the Republic is much indebted to the late Colleen McCullough.

Since forty-six votes were needed for an absolute majority of 46 to 45 in the 91 “centuries”, the 4,600 wealthiest men, all nobles, organized in these 46 centuries, were automatically assured of a majority.

The business of the Centuriate Assembly was to elect consuls and praetors annually, and two Censors every five years. In theory, the assembly could also pass laws, which happened seldom and was the proper court to charge and try “Perduellio” – high treason. Such trials, however, became increasingly rare when the plebs realized that it was impossible to convict a nobleman against the votes of his fellow aristocrats.

The “Comitia Populi Tributa”, the Tribal Assembly or Assembly of the People, was also composed of both plebs and patricians but rigged in a different way. The “tribes” were based upon the ancient rural origins of Rome and centred on the old families: a “tribe” was the equivalent of a former territory, a village, perhaps, that had belonged to one of the old clans. Thirty-one of the total thirty-five tribes were made up from people whose ancestry related back to these ancient rural communities, and it made no difference if only three or five living members were left: they had one vote. The multitudes of the plebs, however, were assigned to two of the four “city” tribes, Esquilina and Subura, and hence these tens of thousands of men together only had two votes. The business of the Tribal Assembly was to elect lower magistrates, the curule aedile, the quaestors and the military tribunes, the apprentices for future generalships. It could pass laws and hear criminal and “civil trials.

The principal political instrument of the plebs was the “Comitia Plebis Tributa” or “Concilium Plebis”, the Assembly or Council of the People. It was the youngest of the legislative bodies, excluded patricians, and had earned its power by sheer and determined opposition against Senate and nobility. It could only be convoked by the peoples’ own elected officers, the “Tribuni Plebis“, Tribunes of the People, and could pass any law law [which were called “plebiscites”, an appellation still in use today, ¶]. The three assemblies, as mentioned, but not the Senate, elected public officials, some of which wielded “Imperium” while others did not.

The word “Imperium” is best translated as the “power of command” and is obviously the root for the words “emperor” or “empire”. It prescribed the degree of legal authority vested in the office, the execution of power that bound every Roman citizen, plebe and patrician alike. It was conferred by legal act of the respective comitia and lasted for one year. Every holder of “imperium” was preceded in public by lictors, bodyguards, who shouldered fasces. Fasces were bundles of birch rods tied together crisscross wise with red leather thongs; an ancient design, probably of Etruscan origin. The number of lictors preceding the magistrate depended on the office: an “Aedile” was preceded by two lictors, a “Praetor”, “Propraetor” or “Master of the Horse” by six, a “Consul” by twelve, and a “Dictator” by twenty-four.

Outside of Rome, axes were inserted in the birch bundles to indicate that the magistrate wielded power over life and death. Only a dictator was allowed to show axes inserted in his fasces within the pomerium (the religious borders of Rome), a reminder of his unconditional power that could not be gainsaid. The words fascism and fascist derive, of course, from fasces; after his takeover of Italy, Benito Mussolini reintroduced them as symbols of his power. The number of legislative bodies and magistrates makes the Roman government a complicated affair; the graphic at the bottom may be of assistance.

In order of ascending authority, the following were Roman public offices: The “Tribunes of the Soldiers” were two dozen aspiring men, more often than not from noble families, between the ages of twenty-five and twenty-nine, which were elected by the Tribal Assembly and were basically cadets, officer trainees: six of them were allotted to each of the four Roman legions that, together with four legions of allies, made up the standing army in the days of the republic. They should not be confused with the centurions, which were essentially Roman NCO’s, company commanders. These tribunes could have authority in the field, if the general so decided, but carried no imperium.

Roman politics were a male-only affair - perhaps with the exception of the legendary Fulvia
Roman politics were a male-only affair – perhaps with the exception of the legendary Fulvia – here with the head of her arch-enemy Cicero

The “pomerium” were the sacred borders of the city, which ran essentially around the Capitol, Palatine and Aventine hills. To cross these borders from the outside meant to lose any imperium one possessed. This was essentially a precaution against military putsches, for the legions always assembled outside of the town and a general leading them in with designs on usurpation automatically lost his power of command. Caesar’s crossing of the Rubicon, which was the border from his province Gallia Cisalpina to Italia proper was the crossing of a similar legal border and thus amounted to a declaration of civil war against the Roman Republic.

The lowest rank of civil public servant was the “Quaestor”. They were also elected by the Tribal Assembly, usually six per year. This office was also considered the lowest rung of the “cursus honorum“, the acknowledged stations in the career of a full-time Roman politician. The quaestor’s duties were of financial nature: he was either seconded to a praetor or propraetor who governed a province, detailed to duty in the treasury, or consigned to one of the great ports. They did not carry imperium.

The next rank in the system was the “Aedile”, of which two varieties existed: two “Plebeian Aediles”, elected by the Assembly of the Plebs and hence not possessing imperium, and two “Curule Aediles”, which were elected by the Tribal Assembly and did wield imperium. Originally, the curule aediles had to be of patrician descent but this proviso was abandoned in the fourth century BC. The aediles governed the town itself: supervising construction and enforcing (or not) the building code, securing the supply of clean water flowing from the great aqueducts, and keeping roads, markets and other facilities in order.

The most important political part of the office was the aediles’ responsibility to arrange the ludi, the games, Rome’s favourite pastime. They provided the principal opportunity for a young politician to build a reputation; the more splendid the games, the higher the aedile’s prestige in the peoples´ esteem and his chances to be elected to more prestigious offices later.

There was a drawback: the state did not allocate funds for the games. The aediles were counted on to pay the expenses, which ran into the millions of sesterces, from their own purses. Not surprisingly, some aediles ruined their family fortunes in pursuit of sensational games and ended in exile, fugitives from their creditors. In most cases, however, the loan sharks were willing to wait until their candidate reached the rank of “Praetor” and was dispatched to govern a province. At such time, the recovery of the mostly modest principal plus interest, compounded, up to fifty per cent annually, took place, on the backs of the provincials. Exploitation was the normal and accepted course of business in the governance of a province: the governor could, for example, levy his own taxes, sell the Roman citizenship, forgive tax debts or issue exceptions, for a consideration, or create criminal indictments and then peddle their dismissal; treason was the favourite charge. He could also take advantage of the tax-farming system Rome implemented upon the provinces: contracts were let to businesses that paid the whole amount of taxes of, say, a town, an estate, or a whole province, in advance to the treasury and obtained, as compensation, the right to collect the imperial taxes on their own cognizance from the unhappy people. The tax rates they assigned were, alas, mysteriously high; higher than the amounts legally prescribed on some scroll in the treasury in Rome. The company, which belonged to the governor or his creditors, kept the difference. It was an excellent business, and for many politicians the only way to get rid of the debts they had incurred during their aedileship.

The second-highest rank in the hierarchy of Roman magistrates was the Praetor, as mentioned above. Initially entrusted with legal duties, the administration of justice and oversight of the courts, the number and duties of praetors varied in later years, when the government of provinces was added to their curriculum. Of the two praetors elected in ancient times, one, the Praetor Urbanus, as the word indicates, was responsible for lawsuits between Roman citizens or parties within the pomerium, while the second one, the Praetor Peregrinus, was deputized to litigate cases involving foreign entities. If both consuls were absent, chiefly during times of war, the praetor urbanus assumed the command over town and people. In the later days of the Republic, when more and more provinces were added to the Roman fold, additional praetors were elected as regents. They ruled either during their standard one-year term of office or in a subsequent year, in the case of which they were officiating as Propraetor [“in the stead of a praetor”, ¶). In the last century of the Republic, between six and eight praetors were elected annually. They did, of course, possess imperium.

The most senior regular officer owning imperium was the “Consul“, the executive head, or heads, of the Roman administration. It was one of Rome’s peculiarities to elect two persons to fill the highest office, so as to publicly and expressively deny any resemblance to a monarchy. The position of consul was also the zenith of the “cursus honorum”, but a popular or exemplary meritorious consul could be re-elected to a second term, provided that ten years lay between the first and second consulship.

Two plebeians could be consul at any one time, but not two patricians. A consul’s imperium eclipsed any other officer’s power, anywhere, unless a “Dictator” was in office. At the end of his term, the retired consul was given the honorific “consular”; he now was an elder statesman and enjoyed a privileged position in the Senate. Consulars were often deputized to govern provinces if no praetor was available, or were sent on special diplomatic or economic missions, the most important and recurring of which was to secure the annual grain supply from Sicily and Africa.

The office of Dictator was reserved for emergencies, most of which were of military nature. The office absolved the holder from any legal consequence of his actions or omissions, but was limited to six months. A dictator was appointed by the Senate, more often than not on the recommendation of the “Princeps Senatus”, the unofficial president of the Senate, or the consuls. Technically, the dictator’s title was “Magister Populi”, Master of the People; in this context “people” referred to the infantry he would presumably lead into the field. The first decision he had to undertake on the assumption of office was the appointment of a lieutenant called the “Magister Equitum” or Master of the Horse, that is, the cavalry. Dictators were appointed very infrequently.

The most senior of all Roman magistrates were the “Censors“, although they did not possess imperium. A candidate for censor must have absolved the complete “cursus honorum”, hence must have been a consul, and preferably one of the better ones. A team of two Censors was elected by the Centuriate Assembly for a term of five years, which they, however, were at liberty not to complete. In general, they busied themselves with their tasks for a year or perhaps two and then semi-retired. In addition to the duties mentioned above in the context of the elder Cato, they also administered the general economic classification which determined every citizen’s place in the proper centuria. On the outside of Rome, their duty was to perform a full census of all Roman citizens every five years, as mentioned in Luke 2:1.

The complete antithesis to all the offices and governmental functions enumerated above were the “Tribuni Plebis”, or Tribuni Populi, the tribunes of the plebs respectively the people (both terms were used). Their origin lies in the town’s early history, when political decision-making was more of a physical than verbal matter.

They were ten, elected annually by the Assembly of the People, and their task was the defence of the rights, the property and the lives of the common man against the machinations of the patricians, who in the days of yore had enjoyed a political monopoly. Since the tribunes of the plebs were elected by the plebs alone, they had no preconceived place within the fabric of Roman governance and thus carried no imperium. Their safety and authority lay in the oath the assembly took after election, to defend the inviolability of their representatives with their own lives.

The tribunal power was chiefly negative; although they could bring in and pass laws in the assembly of the people, the main authority lay in their what since has been called the “veto power” against the actions of any magistrate, officer or even fellow tribune; he could stop not only the passing of laws but even their discussion in the Senate or the assemblies with the magic word “intercessio” [“I step in”, ¶].

Such an ability to frustrate political action was not overlooked by the movers and shakers of the last century BC: it became common practice for Marius, Sulla, Pompey and Caesar to have at least one or two tame tribunes whose election they had financed on the payroll, to counteract any designs their enemies came up with. Many parts of the Roman administrative machine became, often in only slightly different form, stock features of European political organization in the next two thousand years. The word “senator” comes to mind, as does “dictator” as a generic term for autocrats who, alas, only very seldom retire after six months. Consuls, albeit with different functions, work in every nation, and the word “patrician” still denotes a revered elder statesman. But it was the great concept of the “Imperium” that exerted the loftiest influence on the political designs of the next two thousand years: hegemony over the European continent became the treacherous ideal of many a ruler’s political daydreams.

Below an organizational diagram of Roman politics (inspired by Colleen McCullough’s “Masters of Rome” series. Link for bigger version here.) (NB: “¶” in the text denotes a remark by the author. © John Vincent Palatine 2015/19)

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