Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
When the preparations for war were completed and the consuls took the
field, their discretionary authority in the conduct of the campaign,
in finance and in jurisdiction, was almost absolute. The first power
was hampered only by the condition that they could not wage war against
a state which stood in any degree of alliance with Rome without the
consent of the people; the second received some slight limitation
from the appointment of military quaestors in 421;[633] the third was
theoretically unlimited throughout the whole history of the Republic, but
received some slight modification from the growing sense of the sanctity
of the life of a Roman citizen, which made the generals during the last
century of the Republic more chary of pronouncing capital sentences
upon their officers and soldiers.[634] It is important to remember that
this absolute jurisdiction _militiae_ was not in the least confined
to the army; every Roman citizen within the sphere of the general’s
administration, and every provincial, when these spheres had developed
into standing provinces, were equally subjected to martial law.[635] The
provincial in fact was often in better case than the Roman sojourning in
the provinces. He could sometimes appeal to the liberties granted to his
town by charter; but the Roman found that his palladia—the _provocatio_
and the _intercessio_—had vanished in this sphere.[636]
A victory over the foe gave the general the right to claim two
further privileges—the one a titular designation, the other a popular
manifestation of success—which were strictly regulated by constitutional
law. Every holder of the _imperium_ was necessarily an _imperator_; but
from a very early period of the Republic it was considered improper for
the possessor of the very limited _imperium_ within the walls to use this
title. It was reserved for the general in command of an army; _imperator_
is both the official and the familiar title by which he was addressed by
his soldiers. But, even under these circumstances, it was not employed
by the general himself as a part of his official designation. For this
a victory was requisite; the soldiers after the battle proclaimed him
conqueror by shouting the familiar name; from this time he was supposed
to have it impressed on him in a peculiar manner and could bear it
in his list of titles.[637] Custom decreed that the honour should be
assumed only in consequence of a great and decisive victory;[638] but
the ambition and rivalry of provincial governors finally caused the most
trifling successes to be commemorated in this way.
Public-domain text, read in full here on John Shaqi.
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