The Coming of the Empire Augustus and the transformation of the Roman constitution

As we saw in chapter 5, after his victory at Actium (31 BC) and the subjugation of Egypt Octavian became the sole master of Rome. But the Roman world was still in a state of confusion, and it was necessary for him to restore order and set up some form of government which could ensure permanent security.

Octavian saw that a return to the republican system of government was out of the question, for that system could no longer meet the organisational needs of the vast empire with its diverse populations and cultures, nor could it guarantee the political stability needed for efficient administration and the defence of the state. At the same time, however, he was aware that an attempt to establish an absolute monarchy would offend republican sensitivities and might lead to further unrest. The main demand of the times was a return to the security which only a fully-functioning system of law could provide. But the whole administration of law was so bound up with the republican regime and its ruling class that security without the upholding of the republican institutions was all but impossible. On the basis of this quite realistic appraisal of the situation Octavian, by masterful manipulations, effected the transformation of the Roman system of government into a system that was republican in form and semblage, but monarchical as far as actual executive power was concerned. The prerogatives of the senate were restored and the right of citizens to participate in the government through their vote in the assemblies was maintained. At the same time Octavian won the support of the powerful equestrian class by allowing them a greater degree of participation in the administration of public affairs. In return, Octavian's special position as the warrantor of the constitutional order was recognised by the senate and the people, and special laws were passed giving him all the essential powers which were important to him.^{^[806]} It was through the gradual acquisition of these powers that Octavian came to surpass all other Romans in authority and so he came to be designated as princeps, i.e.

the first of the Roman

citizens (princeps civium Romanorum}} Octavian was invested with all the powers and titles which, under the republican constitution, pertained to the highest magistrates of the state. What was new, however, was that these powers were no longer subject to the limitations traditionally imposed on magisterial authority, such as those arising from the principles of collegiality and annuality. Thus, although the prince, like the magistrates, was recognised as part of a constitutional order that defined and legitimised his position, the concentration of so much power in the hands of one man precipitated the decline of the principles by which that order was buttressed and led to the emergence of a regime that was in essence a monarchy dressed in republican forms. The monarchical character of the new system became more apparent under Octavian's successors, but the system was heavily encumbered by its contradictions between facade and reality and it was to be a long time before the naked exercise of imperial power to the fullest extent became possible.

In 27 BC the senate granted Octavian the title 'Augustus', by which he was henceforth known. This title, which had never been given to a Roman citizen before, had a religious significance and marked out its bearer as one who by divine help brought prosperity to the state (it was derived from the word augere, meaning 'to increase'). It is also connected with the word 'auctoritas', denoting prestige, moral authority and social influence. The term 'potestas' referred to the legal powers regularly associated with a particular magistracy. Although equal to the other magistrates in terms of potestas, Augustus was deemed superior to all in terms of auctoritas. Subsequent emperors regarded their auctoritas as the ultimate source of their acts in the legislative, judicial and administrative fields (ex auctoritate nostra}.

As was noted above, Octavian also bore the title princeps, a term that simply meant 'the first citizen of the state'.^{^[807]}[808] This should be distinguished from the title 'princeps senatus' which Octavian held from 28 BC and which indicated his position as the first member of the senate. Another title of Augustus was that of imperator, conferred upon him by the army and the senate and denoting his supreme military command. From this is derived the term emperor, commonly used to describe Augustus and his successors. In 23 BC the senate issued a decree granting Augustus tribunician power (tribunicia potestas} for life, despite the fact that he was precluded from formally holding the office of tribune

The Principate 239 because he was a descendant of a patrician clan (the gens lulia)? Thus, although he enjoyed personal inviolability (sacrosanctitas) and could veto acts of other magistrates, as he was not a tribune his own acts were not subject to tribunician veto (intercessio). By virtue of his tribunician power Augustus could convene the senate (ius agendi cum senatu) and the assemblies of the people (ius agendi cum populo) and propose laws to them. One of Augustus's most important powers was the proconsular power (imperium proconsulare) over the frontier provinces, conferred upon him for life by vote of the senate in 23 BC.name="_ftnref809" title="">^{^[809]}[810] The provinces placed under him (provinciae imperatoriae), Spain, Gaul and Syria, were those with the largest contingents of the Roman army, and that gave him practical control over military matters and foreign relations. Augustus administered these provinces through representatives (legati Augusti pro praetore) appointed by him for an indefinite period. These were answerable to him only (not to the senate) and could be removed at his discretion. The imperium proconsulare of the prince differed in some important respects from that of the ordinary and extraordinary proconsuls appointed under the Republic: a) it was universal, extending without restriction over all parts of the empire (hence its description as imperium proconsulare infinitum)·, b) it was not limited in time but perpetual, requiring no renewal; c) it remained in force both within and outside the city of Rome (pomerium).

The proconsular power of the prince was referred to as imperium proconsulare maius to indicate its superiority over the ordinary imperium of the proconsuls who governed the senatorial provinces. In 19 BC Augustus received the consular power (imperium consulare, consularis potestas) for life, without, however, formally assuming the office of consul.^{^[811]} In 29, 19 and 12 BC he was vested with censorial powers on occasion of forthcoming lectiones senatus, and in 22 BC he was entrusted with the cura annonae, whereby he became responsible for the provisioning of Rome with foodstuffs and the regulation of prices. From 12 BC, as holder of the position of pontifex maximus, he exercised general supervision over the religious affairs of the state.^{^[812]} Upon his death in 14 AD Augustus was elevated to the position of divus, a term denoting the deification of the deceased emperor.

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

The Coming of the Empire Augustus and the transformation of the Roman constitution

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