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
unfavourable to the holding of the _comitia_.[734] A patrician magistrate
had, therefore, only to give out that “he would observe the heavens” (_se
servaturum de coelo_) to suspend all meetings of the _comitia_ and of
the _concilium_.[735] Hence the edict by which the consuls summoned the
_comitia centuriata_ contained the words “ne quis magistratus minor de
coelo servasse velit.”[736] The patrician _obnuntiatio_ was a powerful
weapon in politics, the counterpoise to the plebeian _intercessio_.
The uncertainty respecting the necessity for observing most of these
religious messages called for legislation; and about the year 153 B.C.
two laws, the _lex Aelia_ and the _lex Fufia_, were passed which,
amongst other comitial regulations,[737] professed to give rules for
the _obnuntiatio_.[738] The import of these rules is quite uncertain,
but they seem to have recognised the right of the magistrate to watch
the skies to the detriment of public business, and to have attempted
to define the value of the announcement made by plebeian magistrates,
augurs, and perhaps even by private individuals. The scandalous use made
of the auspices by the consul Bibulus in the year 59 B.C. was a shock to
the national conscience, and the ineffectiveness of his procedure gave
courage to the enemy. In the next year the tribune P. Clodius abrogated
at least that portion of the law which bolstered up the misuse of the
_spectio_; the _obnuntiatio_ was frequently employed as a political
engine after this date, but its authors are tribunes and augurs,[739]
which shows that it was in these cases based on the professed chance
observation of _auspicia oblativa_.
The other modes of conflict were based on powers inherent in the
magistracy; these were the right of prohibition possessed by the higher
magistrates over the lower, and the right of veto possessed by superiors
over inferiors or by colleagues with equal powers over one another.
The right of prohibition was an outcome of _major potestas_ and was
possessed by all higher over all lower magistrates. The tribune had it
against all officials except the dictator; the consul against the praetor
and against all magistrates with the exception of the dictator and the
tribune. The magistrate’s right to forbid differed from the magistrate’s
intercession in that the latter was levelled against a completed act and
_rendered it invalid_; the former was merely a prohibition based on some
power which the superior magistrate had in reserve; this power was the
coercitio, the use of which was threatened if the command was disobeyed;
hence, if the _coercitio_ was not effectively put forward, _the act which
contravened the command was valid_.[740]
Public-domain text, read in full here on John Shaqi.
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