tas: etudes de droit romain (Rome 1990) 307, Mitchell, Patricians (as in n. 3) 7,147-150, J. Rupke. Most scholars believe that the pomerium was a border that separated the, military and civilian worlds.116 All agree that it was a religious boundary, and that com, manders had to undergo a special ceremony when leaving the city in order to exercise, their military prerogatives properly.117 These rituals regulating a magistrate's acquisition, of military power when he left the city were elaborate, as were the rituals he performed. anteibant lictores non cum bacillis, sed, ut hie praetoribus urbanis anteeunt, cumfascibus bini). 69 Livy 6.42.11 contessum est.. .a pie be nobilitati de praetore uno, qui ius in urbe dicer et, ex patribus, creando. imperari ius non sit. 3 R. E. Mitchell, Patricians and Plebeians (Ithaca / London 1990) 135-136. 10.59 (rd xapdanpa rfjg fkxciXiKfiq), Diod. Gell. 126 Cic. 61) calls such a command praeesse in exercitu (cf. 31). 5.83; Aul. Ancient authors, moreover, constantly, used imperium figuratively outside its specific and technical meaning - the power of, command given to particular magistrates by a lex curiata4 - simply as a sonorous word, meaning 'power. 23 'Ast quid erit quod extra magistratus coerari oesus sit, qui coeret populus creato eique ius coerandi dato. On the Lex Cat. See also: Cic. up a military command.166 The unusual possession of imperium within the pomerium, explains why there was no provocatio from a command by a dictator (there was no ap, peal from imperium), and why the dictator was immune to tribunician veto (the civil, potestas of the tribunes had no force against a man operating by virtue of military, and, not civil, law).167 For this reason, dictators were often appointed in early Rome to get, around tribunician potestas, since their highly unusual possession of imperium within, the pomerium enabled them to overwhelm the potestas of the tribunes.168 When the, dictator Fabius Maximus - in Rome to conduct important sacrifices - announced his, decision to punish Minucius, his disobedient but popular master of horse, the tribune, Metilius was powerless to stop Fabius. Wiss. 2.11 [quaestor], Plane. 10 Omnes magistratus auspicium iudiciumque habento, exque is senatus esto; eius decreta rata sunto; ast potestas par maiorve prohibessit, perscripta servanto. 18.1) directly compares the ability of the dictator to order summary execution, to the actions of Opimius when he was operating under the SCU of 121 B.C. quom magistratus iudicassit This content downloaded from 132.235.61.22 on … Contextual translation of "dominica potestas" from Latin into Spanish. 43 Cic. Second, since all commanders in the field already possessed imperium militiae, the, importance of the SCU is that it authorized the use of imperium domi (that is, imper, ium in Rome), and therefore imperium domi did not exist - in normal civic conditions, - without a special decree. agr. This general and non-constitutional use of the word imperium is obvious when used in, reference to Spartans, bees, or tribunes (all of whom lacked technical imperium), but, how is one to detect such usage when applied to a magistrate who did, in fact, also pos, sess constitutional imperiuml For example, does consulare imperium mean "a consul's, legally conferred authority to command Roman legions and enforce martial law," or, does it merely signify "the power of a consul" in the same way that Velleius Paterculus, referred to the imperium of tribunes and Varro the imperium of bees? Non sim Talorum numero par Tessera. If Claudius had possessed imperium within, the city, even Mommsen's weakened imperium domi, it is difficult to imagine on what. 132 Compare with A. Postumius Albinus (cos. 242 B.C. The chapter aims to return to the specific case of Rome with a stronger understanding of what boundaries are, and what might expect to see them doing in the city. 168 See Mommsen, Staatsrecht 23 (as in n. 11) 141-172. Jh. 26 Cic. This story was memorable for the, unflinching action of the great Fabius, but it also provides strong evidence that the Ro. ("Fasces" [as in n. 92] 470), and can offer no, better explanation than that, in those cases, the fasces were merely tokens of prestige. Since the evidence for magisterial use of coercitio far outweighs that for im, perium domi, it seems increasingly probable that provocatio was established to restrain, coercitio (magistrates' urban civil power) and not imperium (magistrates' extra-mural, Imperium was the right to exercise military command - outside the pomerium, - and no more.84 The first part of this statement offers no complications; possession of, imperium has long been understood as conveying the right to military command, and, Cicero clearly states that imperium was absolutely necessary for legitimate command, of a Roman army.85 Indeed, the very fact that imperium alone - without magisterial, office - authorized a private citizen to exercise military command demonstrates the, strictly military nature of imperium*6 as does the fact that Cicero frequently equated. It covers scourging and execu, tion (by decapitation with an axe), arresting and carrying a disobedient person to, prison, imposing a fine up to a multa maxima limit or seizing a pledge (pignoris, capio). year in office, see Lacey, Augustus (as in n. 13) 17-56. Ger. The paper analyzes some sources [D. 2.2.1.2 (Ulp. On the retention of the triumphator's imperium within. their provinces, but those need not concern us here. in command), against the Parthians (Fam. 128, quaero quae lex lata sit...ubi tibi haecpotestas data sit...; Leg. ); D. 2.2.3.5 (Ulp. 120; Livy 9.34.9; 43.16.3; Val. 74 W. Nippel, "Policing Rome", JRS 74 (1984) 22. See also E. Badian, "Magis, trate und Gesellschaft", in Eder, Staat (as in n. 5) 468, who points out that consuls did not execute. Imperium, remained outside the city with all other things military, while within Rome magistrates, functioned by right of their potestas to undertake their assigned duties. At potestas par maiorve prohibessit, perscripta servanto.' Stud. 98, haec membra, quae tuenda principibus et vel capitis periculo defendenda sunt, reli. Leg. This view does not contradict the arguments put forward in this paper, but rather they, complement each other well: the people tolerated Opimius' emergency use of military force within, the pomerium because it had a solid precedent in the dictatorship. against imperium: "at best a lex Porcia mitigated the severity of a military flogging." On October 1 of 54 B.C. 2.30.4; Val. Caesar won that consulship and with it imperium, but even. 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. 145, 146; 1972. 2.2.9. mum habere; aliter sine populi iussu nullius earum rerum consuli ius est. 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. He even imagined that the first decemviri, who shared a single set oi fasces despite, being immune to the right of appeal, nevertheless permitted their judgments to be revised by their, colleagues (3.36.6). See H. M. Cotton and A. Yakobson, "Arcanum Imperii: The Powers of Augustus", in G. Clark and T. Rajak (eds. auctoritas, domi splendor, apud exteras nationes nomen et gratia, toga praetexta, sella curulis. are accused of deliber, ately terrifying the senate because they had summoned it to a meeting in the Campus Martius where, they held imperium and military command. Imperium, Potestas, and the Pomerium in the Roman Republic 433, imperium, but with iudicium and potestas,95 and in the pro Cluentio he refers to fasces, as only one of many symbols of magisterial honor.96 Indeed, Cicero also wrote to his, brother that, while the fasces were insignia of potestas, they should be even more in, signia of dignitas.97 That Staveley is in error is also suggested by the fact that lictors, were frequently given to magistrates, senators, priests, and ambassadors who did not, possess imperium - hard to reconcile with the claim that lictors and fasces necessar, ily represented imperium.9* Even dead aristocrats were accompanied by fasces during, their funeral processions." Thus Pompey's formation and command of an army of clients, in 83 B.C. 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). Second, I will demonstrate, that the surviving literature strongly suggests that imperium itself did not exist within, the pomerium except under extraordinary circumstances, and that magistrates (as well. 17 T. C. Brennan, "Power and Process under the Republican 'Constitution'", in H. Flower (ed. Cic. This statement, however, does not, say that imperium conferred the power of summons, nor should this idea be inserted into Gellius', words. Rep. 2.61, inita ratio est, ut et consules et tribuni plebis magistratu se abdicarent, atque ut de, cemviri maxima potestate sine provocatione crearentur, qui et summum imperium haberent et leges, 139 Livy 3.36.3-5 supports this view and points out that the imperium of the decemviri was not an issue. 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. 36 Fest. 1.56). avroKpdrcop, because he is still potentially subject to collegial interference). 1.1.13 (insignia dignitatis et potestatis), Livy 3.36.3 (insigne regium), Dion. 14-17). Fu acclamato imperatore dalle truppe e ... Istituto della Enciclopedia Italiana fondata da Giovanni Treccani S.p.A. © Tutti i diritti riservati. Sest. Regardless of its source, imperium had to be taken up when - and only when - its holder left Rome, since he did. Cat. See also Livy 3.65.8, cum ...vis potestatis, omnis aliquanto posteriore anni parte languidior ferme esset; Tac. Et diei quod reliquum fuit, et node insequenti multi temere excitati tumultus sunt compressique. POTESTAS. not automatically possess imperium within the city as well as outside it. cum imperio. (as in n. 4) 125-143, 215-234, A. J. Marshall, "Symbols and Showmanship in Roman Public Life: The Fasces", Phoenix 38 (1984) 121-122, Develin, Lex (as in n. 4) 58, Magdelain, Pomerium (as, we should believe included the use of imperium.119 It is beyond dispute that a promag, istrate could not enter the pomerium without automatically forfeiting his imperium, but, the evidence strongly suggests that - in the later Republic and probably earlier - sitting, consuls and praetors were also deprived of their imperium inside the pomerium. Rom. Thus, while imperium was certainly a mighty power. As with any examination of fundamental Roman institutions, the poverty, of reliable information from the early Republic requires a heavy reliance upon later, sources. 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. 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. 140 See the discussion of dictators and the senatus consultum ultimum below. Although aediles and tribunes of the plebs did not normally, conduct official business away from Rome, the senate evidently thought it reasonable and proper, to expand the duties of these officers to include the investigation and - if necessary - the arrest of, a proconsul. When the triumphator completed his procession through Rome, his, imperium automatically lapsed just as did that of a non-triumphing commander when, he returned to Rome.160 Thus, after Marius' above-mentioned triumph in 104 B.C., his, social faux pas of convening the senate while still wearing his triumphal regalia drew, tremendous criticism from the senators.161 Their anger was aroused because Marius', appearance before them garbed in triumphal military attire visibly implied that he was, a commander cum imperio instead of a magistrate cum potestate. Both consuls - C. Popillius Laenas and P. Aelius Ligus - had been assigned, the active military province of Liguria, but they remained in Rome in order to hinder the senate, from acting against Popillius' brother, who was a proconsul waging an unauthorized war against the, Statelliates in Liguria. Valerius Maximus (6.5.2), describes the ornaments of a consul's office as insignia potestatis. scaena). Sat. par maiorve potestas plus valeto.. ast quid turbassitur in agendo, fraus actoris esto. That the title pro quaestore or pro praetore should be understood as signifying that an individual, was invested with the potestas of the respective magistracy is made clear by Cicero's description of, Verres' elevation to proquaestor while legate in Cilicia, a promotion Verres eagerly sought in order. Ea potestas per senatum more Ro, mano magistratui maxuma permittitur, exercitum parare, bellum gerere, coercere, omnibus modis socios atque civis, domi militiaeque imperium atque iudicium sum. ), Philosophy. 8 Veil. © 2008-2020 ResearchGate GmbH. In this agreement the candidates promised to persuade three, augurs to swear (falsely) that they had been present at the passage of a lex curiata for the consuls, (which had never actually occurred) in exchange for the consuls' assistance in the upcoming consular. tio erat neque ullum usquam nisi in cur a parendi auxilium', 3.20.8, dictatore opus esse rei publicae, ut qui se moverit ad sollicitandum statum civitatis sentiat sine provocatione dictaturam esse (see, also Dion. 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. Mar. so his praetorian triumph remained forfeit. Caes. Whereas a dictator could impose martial law on Rome for up to six, months, the SCU limited consular use of imperium within the city to the duration and, resolution of a specific emergency only, which greatly reduced the potential for abuse, of emergency powers.192 The Romans were a military people, but in their civilian life, they did not want to live under the imposing power of imperium, and although they, could tolerate its emergency use to solve a domestic crisis, the development of the SCU, probably represents an attempt to confine such use of imperium as narrowly as possi, ble. Cum potestate est dicebatur de eo, qui a populo alicui negotio praeferebatur. Leg. When T. Otacilius Crassus, one of the two rejected candidates, objected to Fabius' interference, Fabius threatened him with punishment, menacingly pointing out that his lictors still, carried axes in their fasces.134 Since Fabius had not yet crossed the pomerium he still, possessed imperium, including the right of summary execution represented by the axes, in his fasces. Finally, Brennan elsewhere (p. 599) holds that the Dictator's auspices were "incommensurable with Mil. 3.61; Cic. force, it did permit a magistrate to set watches, form a praesidium of armed guards. Ann. J.-C: une relecture de, l'ordonnance de Kyme de l'an 27 (IK 5, no. Parent omnes; ex aedificiis arma, mentariisque publicis arma populo Romano C. Mario consule distribuente dantur. In, the second (10.8.9), a speech complaining about the lex Ogulnia and the patrician monopolies on, the priesthoods in 300 B.C., the emphasis is on auspicium domi militiaeque (semper ista audita sunt, eadem, penes vos auspicia esse, vos solos gentem habere, vos solos iustum imperium et auspicium, domi militiaeque...). Fabius' ominous threat was a clear statement that Otacilius was in Fabius'. a dictator's imperium was always subject to provocatio and tribunician intervention. 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. 35.2-5). (London / New York 1995) 226-230 and Heuss, Gedanken (as in n. 1) 445-446, 448^49. When this was bestowed upon the magistratus it was called imperium, provided that officer was a major [i.e. 2.1.6-10 and 3.3, Livy Per. The rise of popular politics in the late republic enabled men like Pompey and Caesar to use their considerable influence to manipulate the flexible traditions of military command for their own advantage. The philosopher Zhao Tingyang argues that some 3000 years ago there existed a meaningful Chinese tianxia, at the time of the classical Zhou Dynasty. 128 Several of Cicero's letters are addressed to Appius during the latter's provincial command (Fam. International Journal of Maritime History, Uncovering a âLost Generationâ in the senate, From Tianxia to Tianxia: The Generalization of a Concept, The Roman Toga: The Social Effects of Materiality, The Beginnings of the Republic from 509 to 390 bc, The consul at Rome: The civil functions of the consuls in the Roman Republic, Consuls and Res Publica: Holding high office in the Roman republic, Lex Curiata and the Competence of Magistrates, Commanders and Command in the Roman Republic and Early Empire, The institutionalization of warfare in early Rome *, Plebeian Tribunes and the Government of Early Rome.
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