Cicero's, statement should not be taken literally, since a dictator did not have a new type of imperium, but. Likewise, Dionysius of Halicarnassus wrote that only a dictator could stop civil unrest,170 and the, reason is clear: in early Rome, only a dictator could use imperium in the civic sphere. c. 1. not enter the city before his triumph, I believe that the best solution is the simplest: imperium - and along with it the capacity to request a triumph - automatically lapsed, when any commander (including a sitting consul) crossed the, pomerium}59 Although, a consul or praetor had the ability to take up imperium again by performing the neces, sary ceremonies and exiting the pomerium, he could not renew his claims for a triumph, because his victorious command had already been resigned irreversibly along with his, imperium. 4-8. 126 Cic. Whether or not this is correct, I believe we may still accept that Livy's account exhibits. agr. 3.2.19, Epist. In Livy's account the tribunes themselves are not certain how, to respond, because their intervention against a dictator's imperium - an act that apparently had, never happened before - would establish an irreversible precedent. Likewise, Aulus, Gellius 13.12.6 (citing Varro) points out that tribunes occasionally - and improperly - utilized the. It is not difficult to understand why historians have long assumed that imperium was, the ultimate magisterial power within the pomerium: ancient writers placed tremendous, emphasis upon imperium as the hallmark of the highest magistracies in the state, and, as fundamental to Rome's military glory. 6950, 6957, and 6962). In CIL 9.44, a man in Italy who was on multiple types of official boards was careful, to distinguish them from each other by the type of potestas he held in each: C(aius) Antonius M(arci), fiilius) Maec(ia) Achaicus IHIvir aed(ilicia) pot(estate) IHIvir iur(e) dicund(o) IHIvir quinq(uies). Other readers will always be interested in your opinion of the books you've read. still considers that consuls, and later praetors, normally used their imperium in the civic sphere. as having the ius coercendi during assemblies among the German tribes (Ger. Dig. Further, Staveley's references to Cicero are also weak evidence: pro lege Manilla 32 does, not actually mention lictors and fasces as insignia imperil, in the second actio against Verres from. 3.6, magistratus nee oboedientem et noxium civem multa vinculis verberibusve coherceto, nipar maiorve potestas populusve prohibessit, and Mil. 1.9 (speaking of a proposal to create ten grain commissioners with extensive pow, ers) quorum cum adventus graves, cum fasces formidolosi, turn vero iudicium ac potestas erit non. 14.18.2. Ann. 57 Festus p. 43L: cum imperio est dicebatur apud antiquos, cui nominatim a populo dabatur imperium. Livy 9.34.2). (Livy 7.23.3), and L. Pinarius, received a large army of four legions in 349 B.C. 3 ad ed. tion of Fulvius' son who had been arrested in the Forum (Plut. Lat. 95 (aediles function with censorial potestas over aqueducts when no censors are in of. ni par maiorve potestas populusve prohibessit, ad quos provocatio esto. so his praetorian triumph remained forfeit. Maelius in 439 B.C.173 Against this threat the consuls claimed to be unable to act, effectively because their imperium had been dissolved or annulled by the laws of ap, peal,174 and they called for a dictator to be chosen, since that office did not suffer from, the same handicap as the consulship, but rather was free from all laws and could still, inflict summary execution.175 Although these events belong to Rome's ancient past and, cannot be taken as historic fact, their presentation by later authors indicates that Romans, of the Late Republic understood that the dictatorship was immensely more powerful than, the consulship, and was especially effective at suppressing domestic strife. held to represent the normal civic powers of magistrates. Senatus consultum ultimum and imperium, Without doubt there were occasions upon which consuls clearly - and apparently le, gitimately - used their imperium within the pomerium to conduct military operations or, summarily to execute Roman citizens. Staveley argued that fasces were necessarily a symbol of imperium because, they are referred to as insignia imperii in some ancient passages.92 A close inspection, of these passages, however, demonstrates that the evidence upon which Staveley based, this conclusion is weak.93 Furthermore, he overlooks references to fasces or lictors as, insignia potestatis.94 In the de lege agraria Cicero does not associate the fasces with. 174 Livy 4.13.11, turn Quinctius consules immerito increpari ait, qui constricti legibus de provocatione, ad dissolvendum imperium latis, nequaquam tantum virium in magistratu ad earn rem pro atrocitate, vindicandam quantum animi haberent. agr. 31 Cic. F/7. 13, Cat. (L'intercessio o ius intercessionis è un And what does it (or should it) mean in English? lul. Finally, Brennan elsewhere (p. 599) holds that the Dictator's auspices were "incommensurable with In short, it is a study of the consuls âat workâ, both within and outside the city of Rome, in such varied fields as religion, diplomacy, legislation, jurisdiction, colonisation, elections, and day-to-day politics. 42.6 (refers to a man who is neither, a Roman magistrate nor in Rome), Val. 138 Cic. di potestas -atis «potestà1»]. 69 Livy 6.42.11 contessum est.. .a pie be nobilitati de praetore uno, qui ius in urbe dicer et, ex patribus, creando. 2.30, potestas intercedendi (cf. it again became necessary to bring imperium into the city to quell domestic disturbances. Adhibent omnis tribunos pi. 141 A. Lintott, "Provocatio: From the Struggle of the Orders to the Principate", ANRW 1.2 (1972), 251-253 points out (251) that even after the Lex Porcia provocatio remained largely ineffective, against imperium: "at best a lex Porcia mitigated the severity of a military flogging." 36.1), also refers to the meaning of fasces outside of the pomerium and is a little vague when it speaks of, various symbols of imperium: cumfascibus atque aliis imperi insignibus. (Suet. Spanish. 4.18.4). 1.71, potestas administrandi. 13-14, 188.8.131.52; Frontin. Militiae ab eo qui imperabit provocatio nec esto, quodque is qui … Iul. 98 [quaestor]). J. Martin, "Die Provokation in der klassischen und spaten Republik", Hermes 98 (1970) 87-91, A. H. McDonald, "Rome and the Italian Confederation (200-186 B.C. tardo potestativus, der. 50.16.214. pr.2 [Marcian]) and Cic. In fact, praetors had imperium because they, were - from the start - military commanders as well as judicial magistrates, and liter, ary records show them commanding military forces virtually from the creation of their, office.70 There is no good evidence that praetors (or consuls) needed their imperium to, exercise jurisdiction, and even those scholars who argue the opposite are forced by the, dearth of evidence to admit that imperium was rarely employed in Rome by magistrates.71, Although consuls might make use of their imperium in extraordinary circumstances, such, occasions were inherently unusual and cannot be taken as evidence for normal judicial, practice.72 Imperium was certainly a mighty power and associated with the highest, magistracies also exercising a judicial role in the Republic, but this does not require us. Min. 10.8 A, Livy Per. ], Oxford 1973) 15, and J. Bleicken, Zum, Be griff der romischen Amtsgewalt (Gottingen 1981) 291 (= J. the existence and importance of his imperium domi. tuorviri, as acting aedilicia potestate (AE 1913. 1.23.3; Iuv., Sat. 40). 14.7.4 (citing Varro), Primum ibiponit qui fuerintper quos more maiorum senatus haberi, soleret eosque nominat: " dictator em, consules, praetores, tribunos plebi, interregem, praefectum, 39 Cic. ", JRS 65 (1975) 58-60, Mommsen, Staatsrecht l3 (as in n. 11) 63-70. 22 Livy 23.11.10; Dig. As a result, a tianxia presupposes a certain community of spirit among its member states. Att. The plebeian tribunate was probably the first significant office to be created in the Republic, and the unusual nature of its power (sacrosanctity) and the absence of any other chief magistracy enabled the tribunes to acquire a broad range of prerogatives. 20 Cic. 11.4). 1.9.25 ([Appius] dixit...sese, si licitum, esset legem curiatam ferrem sortiturum esse cum collega provincias; si curiata lex non essent, se, paraturum cum collega tibique successurum; legem curiatam consuli ferri opus esse, necesse non, esse...), QFr. 22, 2 Verr. See also Mommsen, Staatsrecht l3 (as in n. 11), 22-24, 116-118. Cic. However, the consulship, the highest magistracy of the Roman Republic, has not received the same attention from scholars. lul. enhance our understanding of these three unusual aspects of Roman history. See also Lintott, Violence, 77 Livy 4.53.7 (damnum aliamque coercitionem), 26.36.12 (coercitione magistratus), Veil. the army: on campaign in the field a commander functioned by virtue of his imperium, which was not subject to the restraints imposed by provocatio. Nearing the end of his consulship, which he had spent in Rome, Appius was concerned because he had failed to obtain a lex curiata de imperio at the, beginning of his magistracy.124 The consequence of this oversight was that Appius was, 119 Even the Centuriate Assembly, which (in historic times) was primarily a civilian body, was excluded, from the city because it met in archaic military units. iudicium summum), which also has a chiasmus separating the ideas of imperium and iudicium. ), The, Cambridge Companion to the Roman Republic (Cambridge 2004) 38 has recently come close to, this position: "Now, every republican magistrate had potestas, that is, the legitimate and legitimiz, ing power that was inherent in and peculiar to one's magistracy." 177 MRR 1.574-576. (6) Enim vero modestioris animi habetur prestolari nos eum, qui par maiorve sit nobis, quam velle ut ille nos prestoletur. At potestas par maiorve prohibessit, perscripta servanto.' Coercitio was included in the potestas of, most magistrates and, although subject to the citizen's right of appeal, was usually suf, ficient to enable the magistrates to undertake their duties.73 Nippel usefully describes, inrogassitve, perpopulum multae poenae certatio esto. His enemies in the senate, however, sought to deny Caesar, this privilege and force him either to remain outside of Rome (and therefore take no further part in, Roman politics) or to lay down his imperium and become vulnerable to prosecution before standing, for election. A select list of scholars includes: M. Polia, Imperium: Origine efunzione del potere, regale nalle Roma archaica (Rimini 2001), Lintott, Constitution (as in n. 18), Lacey, Augustus (as, in n. 13), Bleicken, Imperium (as in n. 13), B. Liou-Gille, "Le Pomerium", Museum Helveticum, 50.1 (1993), Girardet, Diskussion (as in n. 13), Roddaz, Imperium (as in n. 13), Magdelain, Ius (as. of imperium was, however, carefully limited by the sacred boundary of the pomerium, into which imperium (except in exceptional circumstances) did not extend. 111 Suet. For this reason, dictators were as effective as they were dangerous: according to legend, in 501 B.C. But modern scholars differ concerning to what extent ancient historiographers have falsified Early Republican history through Late Republican anachronisms. and therefore he needed to celebrate his triumph before he took up the consulship, lest, he forfeit his triumph by crossing the pomerium to enter upon his consulship.158 While, some historians have devised ingenious arguments to explain why a sitting consul could. Instead, he secured the passage of an SCU that authorized his own, use of imperium within the pomerium, allowing him to direct the brutally effective response against, Gaius Gracchus. patria potestà (v. patrio). Imperium, Potestas, and the Pomerium in the Roman Republic 435, without diminution long after his consulship or praetorship had automatically expired at, the end of his year in office.114 The distinction between imperium and magistracy was, deftly utilized by Augustus who, despite being invested with imperium maius for most, of his rule, could nonetheless say quite honestly that - in those years when he chose to, hold a magistracy - he held no more potestas than anyone who had been his colleague, in office.115 His claim demonstrates that he and his audience understood the power and, authority of a Roman magistrate to be defined and measured by potestas, whether or not. civem multa vinculis verberibusve coerceto, ni par maiorve potestas populusve prohibessit, ad quos provocatio esto. 143 Cic. Cat. 99, App. acquire the necessary authorization from a vote of the people.153 If the people also refused, a commander could (by virtue of his unrestricted imperium) celebrate a triumph on the, Alban Mount a short distance from Rome, well outside the pomerium, without anyone's, permission.154 In all cases, applications for triumphs were carefully weighed, because the, celebration of a triumph permitted the commander to retain his imperium while leading. Likewise, A. Schiller, Roman Law: Mechanisms of Development (The Hague 1978) 174 noted the, fundamental importance oi potestas: "Potestas is usually considered to have been the general term, employed to designate the powers as well as the duties which a magistrate was called upon to dis, charge." The investiture, in the aediles of the responsibility to enforce official weights and measures is demonstrated in the, quaestors,26 and even decemviri21 could all be characterized by the potestas that was, invested in their office. It might be imagined that, inasmuch as, the Romans were a people devoted to war, their civil life was like that of a military camp, subject to, military discipline and the force of arms. cum imperio. Indeed, Gellius is probably doing nothing more than using ceteri qui habent imperium as a, stylish substitute for a list of imperium-bearmg magistrates, a literary device he uses again in this, sentence to attribute the power of arrest to those magistrates who have a messenger (prensionem, ut. For discussion of the military activities of the early praetorship, see. 184.108.40.206 [Pomponius]. 154 Livy 26.21.6, 33.23.3, 42.21.7, 45.38.4. 102 Gellius NA 2.15.4 ...kapite VII legis Iuliae priori ex consulibus fasces sumendi potestas fit, non, qui pluris annos natus est, sed qui pluris liberos quam collega aut in sua potestate habet aut bello. the original removal of imperium from the city. Ann. C. Nicolet, The, World of the Citizen in Republican Rome (Berkeley / Los Angeles 1980) 144 and 163 also refers to. 54, Leg. Auch, dem gewesenen Aedil, der als iudex quaestionis inter sicarios in Rom fungirt, werden Lictoren, beigelegt; ohne Zweifel hat er ebenfalls zwei gehabt." 3.9.23 (a poetic, usage, since axes were not permitted in fasces within the city: cum tibi Romano dominas in honore, secures et liceat medio ponere iuraforo), App. Mommsen and his followers, positing an imperium domi, (?die stadtische Amtsgewalt, die Amtfuhrung domi") - a weakened type of imperium, subject to a tribune's intercessio and the citizens' right of provocatio** - conjured for, themselves a problem: how to explain that the all-powerful imperium of the ancient, kings could be diminished within the city, and how it was that this diminution was, removed at those recorded moments when consuls and dictators clearly used the full, strength of their imperium within the pomeriuml*9 Mommsen himself was not certain, how to deal with this conundrum, and even admitted that he believed the imperium of, the praetor within the city to be weaker while somehow also more complete than that of, the consul, since praetors exercised judicial authority that consuls normally did not.90, Scholars since Mommsen likewise have performed feats of intellectual gymnastics to, explain the workings of this imperium domi and how it operated in conjunction with, other sources of political and social power, most especially the power of the tribunes, and the auctoritas of the senate.91 But the simplest answer seems by far the best: consuls, and praetors did not - under normal circumstances - possess imperium within the city, of Rome. C. Gracch. 49 See also: Cic. 3.8, Iuris disceptator, qui privata iudicet iudicarive iubeat, praetor esto; is iuris civilis. I, 269 note i. The only novelty to the dictator's imperium, therefore, was that - unlike a consul - he could use his imperium within the pomerium, thereby negating the, citizens' right to provocatio and the tribune's power of intercessio that had been made possible by. voluerunt, quorum ipsum nomen vim suae potestatis indicat.
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