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Roman magistrate
The Roman magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate.〔Abbott, 8〕 His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army.〔Abbott, 8〕〔Abbott, 15〕 When the king died, his power reverted to the Roman Senate, which then chose an Interrex to facilitate the election of a new king. During the transition from monarchy to republic, the constitutional balance of power shifted from the executive (the Roman king) to the Roman Senate. When the Roman Republic was founded in 509 BC, the powers that had been held by the king were transferred to the Roman consuls, of which two were to be elected each year. Magistrates of the republic were elected by the people of Rome, and were each vested with a degree of power, called "major powers" (''maior potestas'').〔Abbott, 151〕 Dictators had more "major powers" than any other magistrate, and after the Dictator was the censor, and then the consul, and then the praetor, and then the curule aedile, and then the quaestor. Any magistrate could obstruct ("veto") an action that was being taken by a magistrate with an equal or lower degree of magisterial powers.〔Abbott, 154〕 By definition, plebeian tribunes and plebeian aediles were technically not magistrates〔Abbott, 196〕 since they were elected only by the plebeians,〔Abbott, 151〕 and as such, they were independent of all other powerful magistrates.
During the transition from republic to empire, the constitutional balance of power shifted from the Roman Senate back to the executive (the Roman Emperor). Theoretically, the senate elected each new emperor; in practice each emperor chose his own successor, though the choice was often overruled by the army or civil war. The powers of an emperor (his ''imperium'') existed, in theory at least, by virtue of his legal standing. The two most significant components to an emperor's ''imperium'' were the "tribunician powers" and the "proconsular powers".〔Abbott, 342〕 In theory at least, the tribunician powers (which were similar to those of the plebeian tribunes under the old republic) gave the emperor authority over Rome's civil government, while the proconsular powers (similar to those of military governors, or proconsuls, under the old republic) gave him authority over the Roman army. While these distinctions were clearly defined during the early empire, eventually they were lost, and the emperor's powers became less constitutional and more monarchical.〔Abbott, 341〕 The traditional magistracies that survived the fall of the republic were the consulship, praetorship, plebeian tribunate, aedileship, quaestorship, and military tribunate.〔Abbott, 374〕 Mark Antony abolished the offices of Roman dictator and Master of the Horse during his Consulship in 44 BC, while the offices of Interrex and Roman censor were abolished shortly thereafter.
==Executive magistrates of the Roman Kingdom==
The executive magistrates of the Roman Kingdom were elected officials of the ancient Roman Kingdom. During the period of the Roman Kingdom, the Roman King was the principal executive magistrate.〔Abbott, 8〕 He was the chief executive, chief priest, chief lawgiver, chief judge, and the sole commander-in-chief of the army.〔Abbott, 8〕〔Abbott, 15〕 His powers rested on law and legal precedent, and he could only receive these powers through the political process of an election. In practice, he had no real restrictions on his power. When war broke out, he had the sole power to organize and levy troops, to select leaders for the army, and to conduct the campaign as he saw fit.〔Abbott, 15〕 He controlled all property held by the state, had the sole power to divide land and war spoils, was the chief representative of the city during dealings with either the Gods or leaders of other communities, and could unilaterally decree any new law.〔Abbott, 15〕 Sometimes he submitted his decrees to either the popular assembly or to the senate for a ceremonial ratification, but a rejection did not prevent the enactment of a decree. The king chose several officers to assist him,〔Abbott, 16〕 and unilaterally granted them their powers. When the king left the city, an Urban Prefect presided over the city in place of the absent king.〔Abbott, 16〕 The king also had two Quaestors as general assistants, while several other officers assisted the king during treason cases. In war, the king occasionally commanded only the infantry, and delegated command over the cavalry to the commander of his personal bodyguards, the Tribune of the Celeres.〔Abbott, 16〕 The king sometimes deferred to precedent, often simply out of practical necessity. While the king could unilaterally declare war, for example, he typically wanted to have such declarations ratified by the popular assembly.〔Abbott, 16〕〔Abbott, 19〕
The period between the death of a king, and the election of a new king, was known as the ''interregnum''.〔Abbott, 12〕 During the ''interregnum'', the senate elected a senator to the office of Interrex〔Abbott, 14〕 to facilitate the election of a new king. Once the Interrex found a suitable nominee for the kingship, he presented this nominee to the senate for an initial approval. If the senate voted in favor of the nominee, that person stood for formal election before the People of Rome in the Curiate Assembly (the popular assembly).〔Abbott, 14〕 After the nominee was elected by the popular assembly, the senate ratified the election by passing a decree.〔Abbott, 14〕 The Interrex then formally declared the nominee to be king. The new king then took the auspices (a ritual search for omens from the Gods), and was vested with legal authority (''imperium'') by the popular assembly.〔Abbott, 14〕
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