Categories of Roman magistrates

The most important offices of the state during the Republic were the consulship {consulatus), the praetorship {praetura), the censorship {censura), the aedileship {aedilitas), the quaestorhip {quaestura) and the dictatorship {dictatura).

(i)         Magistratus cum imperio and magistratus sine imperio

The power of imperium was conferred by a special enactment of the comitia curiata {lex curiata de imperio) upon the consuls, the praetors and the dictator. These officials were referred to as magistratus cum imperio', all the other magistrates possessed potestas only and were described as magistratus sine imperio. A consul's imperium was regarded as being superior {imperium maius) to that of a praetor, but inferior {imperium minus) to that of a dictator.

(ii)        Magistratus maiores and magistratus minores

To the category of higher magistrates {magistratus maiores) belonged the consuls, the praetors and the censors, that is those magistrates elected by the assembly of the centuries {comitia centuriata). On the other hand, the aediles, the quaestors and other lower state officials, who were elected by the assembly of the tribes {comitia tributa), were classified as magistratus minores.

(iii)      Magistratus curules and magistratus non curules

The magistrates entitled to use a sella curulis, a special ivory chair, as a symbol of their authority were the consuls, the praetors, the aediles, the censors and, probably, the dictator. These were referred to as magistratus curules, in contrast with the quaestors and other officials who were described as magistratus non curules.

(iv)        Ordinary magistrates and extraordinary magistrates

Of the Roman magistrates some were elected at regular intervals and for a set period of time, whereas others were appointed only under special circumstances or for specific purposes. To the category of ordinary magistrates belonged the consuls, the praetors, the censors, the curule aediles, the quaestors and the tribunes. Extraordinary magistrates were the dictator and the interrex.⁵' To this category one might include the decemviri legibus scribundis and the tribuni militares consulari potestate, although at the time these were appointed the distinction between ordinary and extraordinary magistrates was not fully recognised.^[246] [247]