The imperial civil service
In order to manage the wide-ranging responsibilities which his office entailed the emperor needed assistants answerable directly to him. This
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need led to the development of the imperial civil service, a trained group of professionals entrusted with the various tasks of government.
Since wealthy Roman families traditionally placed the administration of their property in the hands of their own freedmen, the natural place for the emperor to seek assistants was from among his own household staff. Thus, the early emperors began to use a growing number of freedmen to fill government positions, although certain posts were reserved for senators and members of the equestrian class. This practice continued until the second century AD, when it was established that the most important posts formerly held by freedmen were to be filled by equestrians. The new imperial officials gradually took over most of the duties of the old republican magistrates, although the latter continued to exist, at least in name, throughout the imperial era. The imperial magistrates differed from those of the Republic in at least three important respects: a) they were chosen by the emperor himself without the involvement of the senate or the popular assemblies, and reported directly to him; b) they were appointed for an indefinite period of time, although the emperor could dismiss them at any time at his pleasure; c) they had no imperium or potestas as their authority was derived directly from the emperor who could approve, reverse or modify their decisions as he thought fit.[819]The praefectus praetorio
The office of the praefectus praetorio was created by Augustus in 2 BC. Initially its holders acted as commanders of the special military units which served as the emperor's personal body-guard (praetoriani, cohors praetoria).[820] Besides guarding his person, the praetoriae cohortes were relied upon by the emperor to keep the senate in check and to suppress any popular uprising threatening his rule.
But, as the presence of regular troops within the city limits of Rome conflicted with a long-established constitutional custom, initially only three of the nine (or ten) praetorian cohorts were stationed in Rome (the rest were dispersed in neighbouring towns in Italy). However, from the time of Tiberius (14-37 AD) these units were all based in Rome, where they were stationed at a permanent and strongly fortified camp (castra praetoria)^ The emperors, being aware of the power of the praetorians, often gave them gifts and extended their privileges in order to secure their allegiance.In the course of time the office of the praefectus praetorio, which was held initially by two, then by three or, occasionally, four individuals, increased in importance and its holders came to exercise great power and political influence. Gradually their military command was extended over all the troops stationed in Italy and, from the time of Commodus (180-192 AD), they began to carry out, in addition to their military duties, important administrative and judicial functions. As regards their judicial duties, these officials tried cases and heard appeals relating to both civil and criminal matters. Their jurisdiction extended all over Italy (with the exception of a hundred mile zone around Rome) and the provinces. As they exercised their judicial functions in the name of the emperor, no appeal was allowed against their decisions.[821] [822] Among the holders of the office of the praefectus praetorio were some of the prominent jurists of the Empire, such as Papinian, Paul and Ulpian. The praefecti praetorio probably observed the principle of collegiality (like the higher magistrates of the republican period).
The praefectus urbi
The office of the praefectus urbi was introduced in 26 BC by Augustus and became a permanent office during the reign of Tiberius.[823] [824] The praefectus urbi was appointed by the emperor for an indefinite period and was responsible for the maintenance of peace and order within the city of Rome (custodia urbi))9 He was invested with broad powers for the suppression of offences against public order and all the police forces and their officers acted under his commands.[825] His jurisdiction extended over the city of Rome and the surrounding area up to a distance of a hundred miles from the city.
In the course of time the praefectus urbi became the supreme judge in civil and criminal cases, with the exception of those cases which by the emperor's orders were assigned to the senate, and heard appeals sent up from lower courts in Rome, Italy and the provinces. The jurists Ulpian and Paulus, who lived in the early third century AD, wrote extensive treatises on the powers and functions of the praefectus urbi which are quoted in the Digest of Justinian.[826]The praefectus annonae
An extraordinary magistrate bearing the title of praefectus annonae appeared as early as the middle of the fifth century BC. He was responsible for the supply of Rome with sufficient amounts of com and other provisions in times of scarcity. In the closing years of the Republic the need for securing a steady supply of provisions necessitated the creation of a permanent magistracy to carry out this task. In 6 AD, by order of Augustus, a magistrate bearing the title of praefectus annonae was appointed for an indefinite period to oversee the supply of provisions to the market in Rome and to regulate the prices. The person who held this office was chosen from the equestrian order and was regarded as occupying a very dignified position. In addition to the aforementioned duties, the praefectus annonae exercised general civil and criminal jurisdiction in matters connected with the supply and trade of foodstuffs, although his decisions might be appealed against before the emperor. The office of the praefectus annonae continued to exist until the fall of the Empire, but in later years it appears to have had lost much of its earlier prestige.[827]
The praefectus vigilum
The praefectus vigilum was the head of the seven cohortes vigilum, units consisting mainly of freedmen (libertini), whose chief task was to police the city by night. In addition to their police duties they were responsible for the prevention and extinction of fires (which occurred frequently in ancient Rome).
Each cohort was responsible for two of the fourteen districts (regiones) into which the city had been divided. The praefectus vigilum had coercitio, the power of taking coercive measures in order to enforce obedience to his orders of inflicting punishment for minor offences against public order. The penalties imposed by a magistrate in exercise of his coercitio were determined by the magistrate himself at his discretion and were not subject to appeal. The praefectus vigilum was chosen from the equestrian class and, in the exercise of his duties, was subordinate to the praefectus urbi}1.The procuratores
In Roman law procurator was a technical term referring to a legal agent entrusted with the management of property. Thus, the term procurator Caesaris was originally used to denote an official who managed property belonging to the emperor. But since no clear distinction between imperial property and state property was drawn, imperial procuratores were in reality public officials. In time there developed a whole hierarchy of procuratores, the most important of whom were drawn from the equestrian class. Procuratores were usually entrusted with the administration of fiscal matters and those employed at Rome were headed by the procurator a rationibus, who was in effect the empire's minister of finance. Others were responsible for the collection of taxes in the provinces, the management of state revenues, the supervision of public buildings and factories, and other tasks. Procuratores were also used as governors of certain provinces not assigned to imperial or senatorial legati.[828] [829]
The consilium principis
In carrying out his duties the emperor was assisted by a body of advisers referred to as consilium principis. This was initially composed of close friends of the emperor (amici, comites), including senators and higher magistrates. The consilium assisted the emperor in preparing legislative proposals and administrative orders and in carrying out judicial inquiries.[830] But the opinions of the consilium were of an advisory character only and were not binding on the emperor.
In the course of the Principate the consilium principis underwent considerable changes with respect to its constitution and sphere of responsibilities. Under Emperor Hadrian (117138 AD) it became a permanent organ composed of the highest officers of the state and its members {consiliarii)[831] began to receive regular remuneration for their services. From the time of Caracalla (211-217 AD) eminent jurists began to be appointed as members of the consilium principis. By the middle of the third century AD this body had become the most important element of the imperial administration, having assumed most of the functions which once pertained to the senate, and during the reign of Diocletian (284-305 AD) it was recognised, under the name consistorium principis, as an independent department of the imperial government.[832] [833]The scrinia
The administrative apparatus of imperial Rome included a complex network of offices (scrinia)2* manned, at a lower level, by slaves (servi Caesaris) and, at a higher level, by freedmen (libertini). The use of freedmen and slaves in the scrinia may be explained on the grounds that Augustus and his successors were in need of persons upon whom they had direct control in order to carry out the functions of government efficiently. In the second century AD Emperor Hadrian restricted the role of freedmen in the scrinia and began to use free bom Roman citizens, largely members of the equestrian class, at the higher levels of the administration.
The various scrinia were named by reference to the different tasks assigned to them. Thus the scrinium a rationibus was concerned with matters relating to public finance. The scrinium a libellis (or libellorum) dealt with various kinds of petitions (libelli) addressed to the emperor. There were two divisions of this office, one handling petitions written in Greek (scrinium a libellis graecis) and the other dealing with petitions written in Latin (scrinium a libellis latinis).
The scrinium ab epistulis responded to petitions addressed to the emperor by public officials and provincial magistrates. The investigation of judicial disputes referred to the emperor was carried out by the scrinium a cognitionibus. During the reign of Emperor Hadrian a new office was created, the scrinium a memoria, which continued to operate until the close of the imperial era. This carried out all the secretarial work associated with the decisions, letters, orders and decrees issued by the emperor. The scrinia were headed by officials, referred to as magistri, or comites, who, during the later Empire, were supervised by the magister officiorum. The personnel of the various offices received regular salaries as well as special bonuses and gifts.The fiscus
Augustus created in the provinces new revenue offices (fisci) which were independent of Rome's central state treasury (aerarium populi romani). These offices were managed by freedmen and their revenues, which were derived largely from the rental of state lands, tnines and other sources, were used to cover the cost of provincial administration. Under Augustus' successors, and probably during the reign of Claudius (41-54 AD), these provincial fisci were integrated to create the fiscus Caesaris, which became the main state treasury and gradually absorbed the earlier aerarium populi romani. State revenues derived from taxation and other sources both in Italy and the provinces were deposited in the fiscus Caesaris and were used to cover the cost of public works and services and to pay the salaries of state officials and soldiers. Although the fiscus was not regarded as personal property of the emperor, it was controlled and administered by him through specially appointed officials, the procuratores a rationibus or fisci. In the course of time the fiscus assumed a special legal personality and, from the late second century AD, it began to be represented in the courts when disputes arose between the fiscus and private individuals concerning debts. Distinct from the fiscus was the personal property of the emperor, referred to as patrimonium Caesaris, which was administered by officials known as procuratores patrimonii. Upon the emperor's death, the patrimonium Caesaris went to his heirs according to the rules governing testamentary succession. The fiscus, by contrast, was transferred to his successor to the throne.[834]
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