Questo principio prende forma nel diritto romano che in età classica vedeva tra i fondamenti della sua costituzione la concezione collegiale delle magistrature (con l’eccezione della dittatura) che comportava la "par potestas" di ciascun titolare che poteva quindi agire in piena autonomia, limitata soltanto dalla "intercessio" di una "par maiorve potestas". Leg. QFr. Quaestor pro praetore: Caes. 5.83; Aul. 181 A different view is put forward by Ungern-Sternberg, Untersuchungen (as in n. 180), who argues, that the first SCU (used against C. Gracchus) gained its legitimacy as a result of the immanent and, obvious danger to the state, and thus the trampling oi provocatio was tolerated as an absolute neces, sity (55-67). Responso accepto, Moreliam (id nomen est loco) sed anticipato die venit, quasi officii gratia papam excepturus. 16 Sail. Only when civil strife threatened the security of the state was the military, force of imperium permitted within the city, where its immunity to provocatio enabled, it to crush conflict.140 This would also explain why full Roman citizens were subject, to harsh punishments - including scourging and summary execution - while serving in. and fulfilled his consular responsibilities within Rome without possessing a lex curiata, which he understood to mean that he did not possess imperium.129 There was apparently, no concern that the legality or validation of his term as consul was in jeopardy, merely, that he would not be able to legally take up the province that had already been allotted to, him at the completion of his term, which can only have been a question of imperium.130, Indeed, his specific invocation of the lex Cornelia makes clear that his primary concern, was his ability to take up imperium when leaving for his province - a concern that is, difficult to understand if he was already in possession of imperium (even imperium domi), but it is likely that - for some reason - the comitia curiata could not be convened, perhaps because. It looks for common themes which link them, and set them into the wider context of boundary function in human thought and society. Ann. Recht auf Handlung, ist nicht konkrete Kompetenz oder Verfugungsgewalt, sondern ist eine Kraft. Aai/2. is the idea that the triumph was in part an 'entry' ritual, and that once he had crossed the pomerium, it was no longer possible for the general to make the formal entry triumphans or even ovans.". As with any examination of fundamental Roman institutions, the poverty, of reliable information from the early Republic requires a heavy reliance upon later, sources. 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. Gli appunti dalle medie, alle superiori e l'università sul motore di ricerca appunti di Skuola.net. cum magistratus iudicassit inrogassitve, per populum multae poenaeve certatio esto. c. 1. Nevertheless, despite the essay's summary nature, the author has taken this opportunity to express some hitherto unpublished ideas in reference to Book 4, the most neglected book of Livy's First Pentad. Gottingen. 10.59 (rd xapdanpa rfjg fkxciXiKfiq), Diod. power inherent in public office that enabled magistrates to fulfill their responsibilities. 6), and Rex died without ever receiving permission, having waited at least. At potestas par maiorve prohibessit, perscripta servanto.' Cicero's, statement should not be taken literally, since a dictator did not have a new type of imperium, but. Aug. 45.3 (coercitionem, in histriones magistratibus omni tempore et loco lege vetere permissam ademitpraeterquam ludis et. 21, 178; 1959. The paper analyzes some sources [D. 2.2.1.2 (Ulp. On these restraints upon imperium, domi, see Lintott, Constitution (as in n. 18) 32-34, Magdelain, Ius (as in n. 4) 210-211 (although, he does not accept the unity of imperium), Kunkel, Introduction (as in n. 1) 15-16, Jolowicz and, Nicholas, Introduction (as in n. 61) 12-13, 305-317, C. E. Brand, Roman Military Law (Austin, 1968) 66. Although the sena. 17 T. C. Brennan, "Power and Process under the Republican 'Constitution'", in H. Flower (ed. 33; Frontin. Beginning in the earliest years of the republic, Drogula argues, provincial command was not a uniform concept fixed in positive law but rather a dynamic set of ideas shaped by traditional practice. tribuni plebis et alii qui habent viatorem). 104 I find unconvincing the idea that a consul's imperium was 'dormant' when he did not hold the fasces, because this implies a serious imbalance that would seem to undermine and render useless the col, legiality that was a hallmark of Roman magistracies. Dom. All rights reserved. quantity) from that of the consuls' within the city of Rome (where the senate was usually found). Hannibal at the very gates of Rome and the city in an uproar the senate invested all former dictators, consuls, and censors with imperium for as long as the enemy was at the walls: Livy 26.10.9, et quia, multis locis comprimendi tumultus erant qui temere oriebantur, placuit omnes qui dictatores, consules, censoresve fuissent cum imperio esse, donee recessisset a muris hostis. Armed with this decree, he used his imperium to bring, cohorts of soldiers across the pomerium and station them conspicuously in military formation in the. [by the SCU]...instead instructions are given for the exercise of imperium, which promise by im and 4.18.4 (...negant enim latum de imperio), Fam. Fam. the original removal of imperium from the city. tardo potestativus, der. Join ResearchGate to find the people and research you need to help your work. This practice may have been discontinued, two consular colleagues, since the consul without fasces would be unable to intercede, against his colleague, who was fully vested with imperium.10* That fasces alone do not, signify imperium is suggested also by the practice of consuls of lowering their fasces, - devoid of their axes - before an assembly of the people: hardly a symbol of supreme, military power.105 The fasces of the dictator, on the other hand, were a source of terror, to the Romans because they were fully equipped with axes, even in Rome.106 If we are, looking for symbols of imperium, these axes (secures), which consuls and praetors could, only add to their fasces outside the pomerium (where their possession of imperium is. Nippel maintains (5), that "it was understood that only magistrates with imperium could issue orders to a citizen, summon, one or have one arrested without the magistrate being present in person." 65 Cic. The narrative of the Struggle of the Orders was clearly influenced by the history of the Late Republic, involving clashes between populist aristocratic leaders and other aristocrats heading more conservative followings. Leg. If this was so, it further demonstrates that praetors were not given imperium, for jurisdiction, but - like consuls - for military command. 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." propriety and logic of conferring imperium on a non-magistrate. performance of additional rituals when they exited the pomerium. This adaptability was a tremendous resource for the Romans since it enabled them to respond to new military challenges in effective ways. imperium, which contributed to the shock of the Roman people at the actions of the second board. 190 For example, the quaestio perpetua de repetundis was established in 149 B.C. that the tribunes would have thought it proper (or possible) to intercede against a dictator. Suetonius also speaks of Galba using coercitio in his civil administration of his province: Galb. 3.30.3 (a consul is given censorial potestas). Regardless of its source, imperium had to be taken up when - and only when - its holder left Rome, since he did. Indeed, even, the duumviri of Capua are recorded as possessing lictors bearing fasces, which Cicero says is highly, unusual for a colony and a sign of great presumption and haughtiness (Cic. See also Livy 3.65.8, cum ...vis potestatis, omnis aliquanto posteriore anni parte languidior ferme esset; Tac. From professional translators, enterprises, web pages and freely available translation repositories. Opimius could have (as consul), named a dictator to resolve the crisis, but doing so would have removed control of the senate's, response from his own hands. Likewise, Aulus, Gellius 13.12.6 (citing Varro) points out that tribunes occasionally - and improperly - utilized the. 36 Fest. an aedile was given quaestorian potestas ,51 or a consul or aedile given censorial potes, tas.52 Legates in the army were frequently instructed to assume the duties and powers, of a fallen quaestor, just as quaestors were frequently instructed to assume the duties, and powers of a praetor.53 During one phase of the Conflict of the Orders the patricians, were believed to have tried to keep the prestigious consulship out of the hands of plebe, ians by choosing to elect only military tribunes with consular potestas, thereby creating, magistrates with the same powers and capabilities as the consuls, but preventing the, actual consulship from being sullied by plebeian incumbents.54 In the political turmoil, of the Late Republic, it was even possible to find plebeian tribunes invested with prae, torian potestas and quaestors invested with consular potestas55 In all of these cases, a, man could assume the powers and prerogatives of another magistracy by assuming the, potestas that was specific to that magistracy.56 Moreover, Festus clearly indicates that, imperium and potestas are different powers conveyed by the people,57 and inscriptions, such as the lex agraria (of 111 B.C. Min. You can write a book review and share your experiences. Finally, I will briefly examine three Republican institutions (the triumph, the dictatorship, and, the senatus consultum ultimum) and argue that - far from demonstrating the existence, of imperium domi - they reinforce the idea that imperium did not normally exist within, the pomerium. Valerius Maximus (6.5.2), describes the ornaments of a consul's office as insignia potestatis. 2.7.8; Tac. Fam. Dionysius of Halicarnassus (8.87.6) mistakenly believed that tribunician potestas was limited to, within the walls of Rome. "Provocatio" (as in n. 141) 236-237 (and, Constitution [as in n. 18] 111-112) believes there may be grounds for questioning even the dictator's, initial immunity from provocatio and intercessio, since it was not unknown for a dictator to spare a. man who had appealed to the people (but see below n. 172). to veto depends on par maiorve potestas, not merely on being some-one's colleague3: if each Consul somehow retained his 'obstructionist' powers, he ought to be able to veto a Dictator whose imperium was no greater. Many difficulties are in fact solved, and overly complex reconstructions, avoided, by accepting that a magistrate's civilian authority derived from the potestas, inherent in his office, while his military powers - if he had any - were derived from his. Dio (38.14.4) records that Clodius, the consuls would overpower the normal potestas of all other magistrates, including that, of the tribunes, and for this reason Sallust refers to consular use of imperium within the. T. Flavius Vespasianus), imperatore. Amtstrager 'potestas.'" et praetores, quos eis videretur, operamque darent ut imperium populi Romani maiestasque, conservaretur. 34 For example, when accusations were made to the senate about the behavior of Scipio (Africanus) in, Sicily in 204 B.C., the senate decided to send a praetor, an aedile, two tribunes of the plebs, and ten, legates to investigate (Livy 29.20.4-10). Max. See Lintott, Constitution (as in n. 18) 122-124 (tribunes), 131-133 (aediles), 141-143. 26, 28 [cf. There is furthermore no reason to believe that consuls and praetors in the later, Republic needed the power of imperium to enforce their decisions or legitimate their, actions; their magisterial coercitio was more than sufficient to empower them to give, orders and compel obedience within the city. 3.8, Iuris disceptator, qui privata iudicet iudicarive iubeat, praetor esto; is iuris civilis 1.77.4, potestas multandi. See also CIL 6.31089: ...[Mejnenio Agrippa Lucretio Tfricipitino. If we may take Livy's emphasis on the axes to be significant, it should represent an augmenta, tion of the power wielded by the decemviri, and since they already possessed maxima potestas sine, provocatione, the inclusion of axes in their fasces was almost certainly a signal of their possession, of imperium within the pomerium - an open announcement of their claim to regal authority. ferenda; licebit enim, quod videbitur, publicum iudicare, quod iudicarint, vendere. Mallius, Maximus, an impasse that led to the disastrous defeat of two Roman armies at Arausio. Cicero (Man. Cicero also refers to legates and quaestors. pius, and believes that Ahenobarbus would not have proceeded to a province without a lex curiata.