During the regal period the king was the principal executive magistrate. His power was absolute: he was the chief priest, lawgiver, judge and commander of the army. When a king died, his power reverted to the Senate (aristocrats chosen by the king to be his advisors), which then chose an interrex who arranged the passage of power to the dead king’s successor.
The republican government was centred on magistrates. In 509 BC when Tarquinius was rejected, most of the king’s powers were transferred to two magistrates, originally called praetors and later consuls, elected annually and each having the power to veto the other’s actions (in fact, all the magistrates except the dictator had at least one collegiate colleague to prevent abuses of power). The consuls each appointed a quaestor (a position that first appeared under the kings to investigate capital crimes) to control the public treasury.
In 501 BC with a growing threat from the Latin League the consuls were directed to nominate a dictator. Postumus Cominius Auruncus (fl.50- 488 BC) chose his colleague, Titus Lartius (fl.501-493 BC) to be a single magistrate, originally called magister populi (‘master of the people’), i.e. master of the infantry, but afterwards known as dictator. Lartius then nominated 01Cassius Viscellinus, as his magister equitum, (‘Master of the Horse’), i.e. master of the cavalry. Both appointments were for six months only, and this dictatorship was wholly constitutional unlike those of 31Cornelius Sulla (c.60; fl.106-78 BC) and 04Julius Caesar (55; fl.85-44 BC).
In 443 BC two censors were elected to serve for eighteen months. They were given three tasks: to compile a list of Roman citizens; to supervise public morality and punish citizens for scandalous conduct by removing them from their order; and to oversee the public finances, collect revenues, let out contracts for public works and superintend their construction.
In 366 BC praetors were installed to relieve the consuls of their judicial duties. In 242 BC praetor urbanus had the civil jurisdiction between Roman citizens, and praetor peregrinus had civil jurisdiction between citizens and foreigners; and the others had jurisdiction in criminal cases. During the absence of both consuls, the praetor urbanus presided over the Senate.
In 365 BC curule aediles were introduced and functioned in four main areas: care of the city, i.e. they had general oversight of public order, the water supply, streets and squares; supervision of the markets (they had tribunals in the Forum from which to decide petty disputes between buyers and sellers); care of the corn supply; and giving certain games.
Dictators, masters of the cavalry, consuls and praetors exercised a supreme power, embodied in their word imperium (‘right to command’). The holder had the right to command in war, to administer the law, and to inflict punishment (including the death penalty, subject to appeal, originally to the people, later to the emperor).
The term ‘curule’ describes the privileges of the dictators, censors, consuls, praetors, and curule aediles, so-named because of their entitlement to sit on the official curule chair, a symbol of political or military power, on state occasions.
Each of the main magistrates was appointed a number of assistants, or lictors, whose job was to enforce the magistrate’s orders. As a symbol of the magistrates’ power, each lictor carried a fascis. In theory, the magistrate could order lictors to dispense punishment by beating offenders with the rods or cutting off their heads with the axe.
The Senate survived the transition to the republic. It consisted of roughly three hundred members, was not an elected body and possessed no legislative powers; its function was mainly advisory. Membership was obtained by having held one of the higher magistracies. Membership was for life, but the seat would be forfeited if the Senator failed to meet a minimum property requirement at the quinquennial census.
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