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
The scope of the exercise of this power was conditioned by circumstances;
most frequently the prohibition was directed against certain specific
acts. The intercourse of a lower magistrate with the people, which had
not the approval of his superior, might be hampered by this means;
thus the higher magistrate had the right _avocare contionem_ from the
lower.[741] The tribune possessed it in a supreme degree, and it was a
grave infringement of his majesty when any other official called away
a portion of the people whom he was addressing.[742] The consul might
hinder the praetor from introducing a _rogatio_,[743] and to guard
against the possibility of the _obnuntiatio_ when he himself was holding
the _comitia_ consistently forbade him to consult the heavens on that
day.[744] Other more glaring misuses of magisterial power were hindered
in this way, such as the attempt to triumph without the consent of
Senate or people,[745] or the effort to prolong a magistracy beyond its
appointed tenure.[746]
But the prohibition might, under special circumstances, be far more
sweeping than this; it might extend to the suspension of all the
functions of a magistrate, or even to the enforced cessation of almost
all the active life of the state.
A higher magistrate, although he could not take away office from an
inferior or even force him to abdicate, could visit a misuse of his
functions by prohibiting all further action on his part. This power,
practically amounting to a suspension from office, is found twice in
our annals directed by the consul against the praetor—in one case for a
breach of respect, in the other for revolutionary proceedings.[747] Nor
was the power confined to Rome. The provincial governor had a similar
capacity for dismissing officials, who disgraced his administration, from
the country under his control.[748]
A far more comprehensive act was the edict of a magistrate with _major
potestas_ that all lower magistrates should suspend the exercise of
their functions. Such a cessation of public business was known as
_justitium_, a name derived from the suspension of that department
of business which was the most constant sign of the active life of
the state, the courts of law (_juris statio_). The decree was usually
pronounced by the highest magistrate present in Rome who possessed the
_imperium_, by the dictator,[749] or by the consuls[750]; and, as a
rule, the _justitium_ was proposed on a vote of the Senate[751] and to
meet certain definite contingencies. The most usual circumstances which
called for it were a sudden war, or a rising within the confines of Italy
and its neighbourhood (_tumultus_),[752] or a public mourning following
on a national disaster, or the death of a distinguished man.[753] The
cessation of the _justitium_ (_justitium remittere_[754]) was pronounced
by a decree of the magistrate who had enjoined it.
Public-domain text, read in full here on John Shaqi.
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