53 Legatuspro quaestore: Cic. J. Martin, "Die Provokation in der klassischen und spaten Republik", Hermes 98 (1970) 87-91, A. 86 (1982) 136 points out, that Appius' colleague, L. Domitius Ahenobarbus, was unwilling to push the issue as far as was Ap. At potestas par maiorve prohibessit, perscripta servanto.' ", J. Hellegouarc'h, Le vocabulaire latin des relations et des parties politiques sous la Republique. Leg. Gell. Cat. Leg. Marius might have been able to celebrate his triumph earlier than January 1 (although he, probably needed the extra time to return from Numidia and prepare his triumph), but triumphing on, New Year's Day not only carried a special prestige, but also gave him the added glory by triumph. Flac. 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. Ann. ", JRS 65 (1975) 58-60, Mommsen, Staatsrecht l3 (as in n. 11) 63-70. See also Riipke, Domi (as in n. 4) 43. Ann. 3.6,.. .magistratus nee oboedientem et noxium civem multa vinculis verberibusve coherceto, ni par maiorve potestas populusve prohibessit, ad quos provocatio esto. 35 Cic. Triumphus (as in n. 4) 313-319, and Nicolls, Content (as in n. 4) 257-258. 111. Intercessor rei malae salutaris civis esto.' 3.30.3 (a consul is given censorial potestas). 2.8.4; Suet. Many modern scholars have pointed out the innate connection between imperium and a, military provincial A. Giovannini, "Les pouvoirs d'Auguste de 27 a 23 av. 1.28, 2 Verr. 56; Livy 2.7.7, 3.36.3; Mart. The tremendous power. Modern scholars use this term to characterize a common theme in ancient accounts of early Roman history that describe affairs as driven by a struggle between the two orders or classes: patricians and plebeians. 188 MRR 1.523-524 (Opimius) and 2.193-197 (Cicero). All of these episodes, therefore, sug, gest that higher magistrates did not automatically acquire military authority upon their, entrance into office, but rather that it was a separate prerogative activated only by the. - particularly those on capital charges - were reserved for the jurisdiction of praetors, but several scholars have already demonstrated that there are no grounds for assuming, that praetors exercised imperium in these cases, nor is there any solid evidence in the, literary record that connects jurisdiction with imperium.6* While it is tempting to cite, Livy's statement that praetors were created specifically to supervise the courts as proof, positive that imperium was needed to exercise jurisdiction, this is in fact a red herring.69, It is reckless to assume that imperium empowered jurisdiction just because praetors, possessed both imperium and jurisdiction. Att. imperium after crossing the pomerium that, at the outbreak of the Civil War in 49 B.C., Caesar's enemies were careful to perform the necessary rituals despite the fact that they, had neglected to obtain a lex curiata.145 It is possible that, like Appius Claudius, these, men argued that a lex curiata was not strictly necessary, but nevertheless their careful, performance of the proper ceremonies indicates that they did understand the necessity of. This statement, however, does not, say that imperium conferred the power of summons, nor should this idea be inserted into Gellius', words. Scipio Africanus is the most famous example of such aprivatus (Livy 26.18-20, Val. IV 'Ast quid erit quod extra magistratus coerari … The divide between military and civilian powers at Rome was strong, and, it is reasonable to believe that these powers derived from separate sources, imperium, (military command) and potestas (civilian magisterial authority), rather than from a, single military source {imperium) that was contorted and constrained when used in the, civilian sphere. Only in the gravest of situations did the, senate authorize the emergency use of imperium and martial law within the boundary. grounds proconsuls (and especially private soldiers) could refuse to obey his commands. the tribune L. Flavius imprisoned the consul Q. Caecilius Metellus Celer for his, opposition to legislation favorable to Pompey (Cic. 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. virtue of par maiorve potestas, the action of the magistrate against whom the appeal had been made. 88 Mommsen, Staatsrecht l3 (as in n. 11) 61-75. The pomerium was Rome's sacred boundary and, although not completely understood, by modern scholars, nevertheless played a critical role in her history and the history, of imperium. Att. Leg. Since all Roman magistrates were, defined and given power by theirpotestas, it is unnecessary to begin with the assumption, that imperium was ever necessary within the walls of Rome. Leg. Gell. On the retention of the triumphator's imperium within. mum habere; aliter sine populi iussu nullius earum rerum consuli ius est. Car. Leg. Att. Aug. 45.3 (coercitionem, in histriones magistratibus omni tempore et loco lege vetere permissam ademitpraeterquam ludis et. stitutional imperium that was formally conferred upon Rome's military commanders; rather, the word is used in a very casual manner to signify the general idea of power. But it was also a source of conflict over the roles and definitions of power. One such dictator was Mamercus Aemilius, who, when the military emergency for which he had been appointed dissipated on its own, refused, to resign his office and used his authority to push forward a bill that reduced the term of the censors'. Catiline actually waited two weeks before finally leaving the, city, a delay made possible by his confidence that Cicero would not act without proof of Catiline's, 179 Pompey had been elected sole consul at the beginning of 52 B.C. Ast quid turbassitur in agendo fraus actoris esto. Cicero (Leg. In spite of its importance, however, no adequate, definition of imperium survives from antiquity; the modern understanding of the term, has been assembled by modern scholars, who have combed through the ancient sources, and assembled a composite interpretation from a variety of independent references. 13.9.3; 2 Verr. 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. 41 Cic. 1.11, IG 9.2.613. Mommsen, l.c. Thus, while imperium was certainly a mighty power. Lig. Cat. 2.21, Licinia, est lex altera Aebutia, quae non modo eum, qui tulerit de aliqua curatione ac potestate, sed etiam, collegas eius, cognatos, adfines excipit, ne eis ea potestas curatiove mandetur, Agr. Rep. 2.56, DeOrat. mans of the later Republic did not possess the notion of imperium domi. 13.28.2; Aul. Sic. Recht auf Handlung, ist nicht konkrete Kompetenz oder Verfugungsgewalt, sondern ist eine Kraft. Sest. While the former aspired to the consulate as the defining magistracy of their social status, the latter perceived it as the embodiment of the Roman state. See also Jones, Imperium (as in. insignia, fasces, exercitus, imperia, provinciae.... 97 Cic. Durante la monarchia, di cinque in cinque giorni, un senatore (interrex) esercitava la regia potestas; durante la repubblica si aveva ... Nell’esperienza giuridica e politica romana, attività mediante la quale un determinato soggetto od organo integrava gli effetti dell’attività di un altro, di per sé non sufficiente a produrli pienamente. 151 Plut. At potestas par maiorve prohibessit, perscripta servanto.' Famously, Caesar wanted, to stand for a second consulship in absentia in order to retain his imperium and thereby remain im, mune to prosecution (Suet. 103, Veil. Dom. 22) refers to the fasces in the provinces (where, I argue, a magistrate's imperium was active), 5.97 has an imprecise meaning in its reference to imperiipopuli. cum imperio. Caes. 29 Cic. [as in n. 1] 705-721), K. M. Girardet, "Zur Diskussion um das imperium consulare militiae im 1. Il lavoro adduce alcune fonti [D. 2.2.1.2 (Ulp. undoubted), are perhaps a better candidate. 64 A. Lintott, Violence in Republican Rome (Oxford 1968) 25-26. cum magistratus iudicassit inrogassitve, per populum multae poenaeve certatio esto. Lintott, Constitution (as in n. 18) 111 believes that this incident suggests that, provocatio was effective against a dictator because the disobedient master of horse, Q. Fabius, Maximus Rullianus, had appealed to the people for protection. 2.8.2; Aul. Cicero (Man. 101 See, for example, Cic. Post. instead instructions are given for the exercise of imperium, which promise by im plication the senate's backing for their performance, Lintott, Violence (as in n. 64) 156 comes close to this position: "Imperium is certainly not conferred The fact that tribunes could and did arrest consuls and throw them into prison is, another argument against the existence of imperium within the pomerium.146 Likewise, in. Potestas is not only a better documented source of domestic magisterial, authority and power, but also a more logical and convincing one, since it was the power, that all domestic magistrates had in common, while imperium was the sole possession, of military commanders. The focus of this paper, therefore, will be on the Roman use and understanding, of imperium in the final two centuries of the Republic, with significant attention given to. B. Gesammelte Schriften [Stuttgart. Results for potestas populum translation from Latin to Spanish. As Livy portrays the event, even, the tribunes understood the absolute nature of the dictator's imperium and they wished to avoid, placing any limitations upon it, not even their own power of intervention. It seems likely that the, SCU was developed in part as a replacement for the dictatorship, which had (with nota. in order to announce his candidacy for the consular elections that year.157 And, it is likely that C. Marius celebrated his triumph over Jugurtha on the first of January in. agr. 20-21, 34). Imperium was the supreme military power in the state and empowered, a magistrate with absolute regal authority, including the power of life and death, over, citizen-soldiers, allies, and enemies assigned to him by the state. of authority. This would have caused no delays in the early days of the Republic, when, battles were fought close to home and a consul could hold his triumph almost as soon, as it was approved. T. Flavius Vespasianus), imperatore. 43 Cic. There is, in fact, considerable debate about the true origin of the praetorship as distinct from, the consulship, but one widely held view considers that the chief magistrates of the Early Republic, were three military commanders called praetors, two of which developed into consuls and the third, into the later praetorship. Despite this statement, Brennan. ); D. 2.2.3.5 (Ulp. For this reason a bold, and highly influential man like Fabius might feel comfortable flexing his imperium to, manipulate elections, while almost two centuries later a more cautious man like Cicero, might hesitate to use his imperium to punish citizens without a trial. The clearly written and succinct chapters discuss numerous issues related to the capital of the Roman Empire: from the monuments and the games to the food- and water supply, from policing and riots to domestic housing, from death and disease to pagan cults and the impact of Christianity. This passage, of course, is very weak evidence, since imperium is modified by, iustum, while auspicium is modified by domi militiaeque. Suetonius also speaks of Galba using coercitio in his civil administration of his province: Galb. 13.1. 13-14, 2.9.9.5; Frontin. 96 Cic. as having the ius coercendi during assemblies among the German tribes (Ger. Rep. 2.57, nisi...et potestatis satis in magistratibus et auctoritatis in principum consilio et. Cicero expressed a similar idea when describing the infamous decemviri of the Early Republic: .. .decemviri maxima potestate sine provocatione crearentur, qui et summum imperium haberent et, leges scriberent (Rep. 2.61). the tribunes forced both consuls to leave the city and set out for their provinces, threatening the consuls with prosecution if they remained any longer within Rome.147 It, seems beyond belief that the highest power to command and compel obedience should, be so weakened within the pomerium as to be helpless to protect its holder from ar, rest and imprisonment, especially since possession of imperium outside of Rome was, known to be ironclad protection against all forms of prosecution and interference.148. In accordance with the lex Sempronia of 123 B.C., the sen, ate had already decreed the consular provinces for 54 B.C. Instead, it investigates the predominant role of the consulate in and its impact on, the political culture of the Roman republic. 70:.. .cum senatus ei commiserit ut videret, ne quid res publica detrimenti caperet...). agr. Romani nomen ac fasces, and 5.167 does not mention imperium. pius, and believes that Ahenobarbus would not have proceeded to a province without a lex curiata. Once a Roman (who was authorized to do so) had performed these, rituals and changed his clothing, he was termed paludatus, or "wearing the general's cloak". 177 MRR 1.574-576. This banner text can have markup.. web; books; video; audio; software; images; Toggle navigation that the pomerium in any way limited civil law from reaching Roman citizens outside of the city. 36.2.4 (refers. 147, 161-163, 165-166, 168). In fact, the Romans went to great lengths to carefully regulate and control all use, - however brief - of imperium within the pomerium, and episodes like the triumph, the, dictatorship, and the SCU underline the idea that imperium was a military power that, only appeared in Rome under the most extraordinary circumstances. 172 B.C. agr. In particolare, la nozione di p.serviva a porre in relazione il potere del singolo organo magistratuale con quello degli altri organi, di pari o maggior grado, secondo il principio generale par maiorve potestas plus valeto («una p. pari o maggiore vale di più»); nessuna iniziativa, quindi, poteva essere intrapresa contro la volontà del collega, titolare di una p. pari, e, a fortiori, contro la volontà di un magistrato titolare di … 17)", ZPE 124 (1999) 97-98, F. Hurlet, "Recherches, sur la duree de Vimperium des "co-regents" sous les principats d'Auguste et de Tibere", Cahiers du, Centre Gustave Glotz 5 (1994) 257, Giovannini, Consulare (as in n. 4) 51, Lowenstein, Gouvernance. Afr. This episode, demonstrates that a man could be consul in Rome without possessing imperium:132 the, potestas that was innate in the consulship was sufficient to define a man as a consul, within the pomerium, but to obtain a province and command a military force there he. Rep. 1.60. Quaestor pro praetore: Caes. A victorious military commander, (whether a magistrate or a promagistrate) who desired a triumph could not cross the, pomerium and enter the city;151 his request for a triumph had to be made at a special, 150 On the tendency in Roman authors to idealize the triumph, see T. Itgenshorst, Tota illapompa: Der. 164 Cic. from potential intercession by that colleague). tary power that normally did not exist within the pomerium. 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. 13.13.4. 2.45, Lig. Dig. nam dictator quidem ab eo appellatur, quia dicitur, sed in nostris libris vides eum, Laeli, magistrum populi appellari. 1.77.4, potestas multandi. (as in n. 17) 46, A. H. M. Jones, "The Imperium of Augustus", JRS 41 (1951) 115. 50.16.214. pr.2 [Marcian]) and Cic. Et. Intercessor rei malae salutaris civis esto. See also Polyb. in n. 4), Riipke, Domi (as in n. 4), Giovannini, Consulare (as in n. 4), Beranger, Imperium (as in n. 5), Develin, Lex (as in n. 4), Kunkel, Introduction (as in n. 1), Versnel, Triumphus (as in n. 4), V. Ehrenberg, "Imperium Maius in the Roman Republic", AJPhil 74 (1953), H. Last, "Imperium Maius: A Note", JRS 37 (1947), and E. G. Hardy, Studies in Roman History (London 1910). See T. Cornell, The Beginnings of Rome. Max. 129 G. V. Sumner, "The Coitio of 54 B.C., or Waiting for Caesar", Harv. 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. Cic. Lat. Sat. It is not clear. 251-253 points out (251) that even after the Lex Porcia provocatio remained largely ineffective his victorious soldiers across the pomerium.155 Q. Caecilius Metellus Creticus and Q. Marcius Rex both lingered for years just outside the pomerium in hopes of a triumph,156, while Caesar famously forfeited his claim for a triumph by crossing the pomerium in, 60 B.C. to guard the Italian shores (Livy 7.25.12-13); the, name of an earlier praetor is known (Sp. 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. 12 Mommsen, Staatsrecht l3 (as in n. 11) 61-75. 159 For example, L. Bonfante Warren, "Roman Triumphs and Etruscan Kings: The Changing Face of, the Triumph", JRS 60 (1970) 49 suggested that the triumph was a purification ceremony intended, to remove the pollution incurred by the bloody power of imperium. ), but his activities in office, are not recorded (Livy 7.1.2). 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. 23) also refers to. 5.83; Lucan BC 3.105; Livy 44.31.12; Tac. ), the Falerio fragment II, the lex coloniae Geneti, vae, and the lex de Gallia Cisalpina all differentiate between imperium and potestas as, different aspects of a magistracy.58 Whereas potestas was essential and common to all, magistracies, imperium was invested in very few magistracies and could even be given, as a simple grant of command authority to a private citizen who held no magistracy, at all.59 Thus Cicero's description of the dictatorship points out that, although it was, 51 A number of imperial inscriptions refer to men holding aedileships and functioning with quaestorian, potestas: aedilis quaestoricae potestatis (AE 1933.