IMPERIUM (Roman Law Concept)

IMPERIUM (Roman Law Concept)

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IMPERIUM, as a concept taken from Roman Law, in Latin means “command” & “empire”, is the supreme executive power in the Roman state, involving both military and judicial authority. It was exercised first by the kings of Rome; under the Republic (--circa years 509 through 27 B.C.) it was held by the chief magistrates (that is: consuls, dictators, praetors, military tribunes with consular power, and masters of the cavalry) and private citizens entrusted with a special command. In the later Republic, proconsuls, propraetors, second members of certain commissions also possessed the imperium. Restrictions on its use were instituted from the inception of the Republic. The principle of collegiality provided that each of the magistrates of the same level (that is for example: the two consuls) who held it should hold it to the same degree. Down to the 2nd century B.C., a series of laws was passed requiring trials for Roman citizens in capital cases, and also the right of appeal to the people (or ius provocandi ad populum). The same rights were conventionally extended to Roman citizens in the military or other official service outside Rome. Magistrates were required to exercise imperium within the limits of their office (or provincia). Imperium was officially conferred by the Comitia Curiata (as the popular assembly) for one year or until the official completed his commission. Only in the last years of the Republic was the imperium granted for specific terms beyond one year.

Caesar’s opponent Pompey was the first to receive such a commission, specifically for three years by the Lex Gabinia (--circa year 67 B.C.). Octavian obtained the imperium as holder of various offices under the Republic before he became the first emperor, under the name of Augustus, in year 27 B.C. From then on he was granted imperium for periods of 10 or 5 years by the Senate throughout his tenure of office. The Senate thereafter voted the imperium to each succeeding emperor upon his accession. Some emperors, such as Augustus, had it voted to their chosen successor. Under the empire the title imperator (emperor), which had been used by victorious Roman generals under the Republic, was reserved as an exclusive title for the head of state. The emperors received their first acclamation as emperor at their accession and thereafter each time a Roman general won a victory. Imperium was sometimes given to others in cases of special military commands, such as that of Germanicus in A.D. 17. When it was granted with no special duties, as in the case of Tiberius in A.D. 13, it implied that the recipient was an appropriate successor to the princeps, the unofficial title used by Augustus and subsequent emperors. With the expansion of Roman power during and after the reign of Augustus, imperium took on the meaning of “empire.”

Painting: The Age of Augustus, the Birth of Christ, c. 1852–1854, Musée de Picardie.

Cf. Britannica, The Editors of Encyclopaedia. "imperium". Encyclopedia Britannica, 20 Jun. 2017, https://www.britannica.com/topic/imperium-Roman-law. Accessed 12 October 2022.

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