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
Although such a prohibitive order suspended the whole administration
of justice both civil and criminal, was accompanied by the closing of
the _aerarium_,[755] and even by the cessation of the sittings of the
Senate, it necessarily did not interrupt all the business of the state,
for it might be declared for the purpose of directing exclusive attention
to some special sphere of administration. Thus in time of danger the
military levy went on,[756] and during the social war, while all other
judicial business was suspended, the Varian commission still sat to
perform its vindictive work on the friends of the allies.[757]
Such was the constitutional employment of this exceptional power. But its
value as a political weapon was too obvious for it to fail to be part of
the armoury of the tribunes. We have seen the use to which it was put
by the tribune Licinius;[758] and his example was followed in the last
century of the Republic by his great successor in agrarian agitation, Ti.
Gracchus. In 133 he published an edict “prohibiting all other magistrates
from transacting business until the voting on his law was finished; he
put his own seals on the temple of Saturn, that the quaestors might not
draw money out or pay money in; he announced a fine that he would inflict
on praetors who ventured to disobey, so that each in terror abandoned the
administration which had been confided to him.”[759] The higher patrician
magistrates, the consul and praetor, could employ no such direct weapon.
They could, however, indirectly check the passing of a _plebiscitum_
by assigning to a comitial day one of those movable feasts, the date
of which was fixed by their authority,[760] and thus making it a _dies
fastus_.
_Intercessio_, though sometimes employed to describe the power of
prohibition which we have just discussed,[761] is more properly applied
to the power possessed, not only by higher magistrates, but by those
of equal authority, of vetoing acts already performed by magistrates
of equal or lower authority. It was an outcome, therefore, not only of
_major_ but of _par potestas_, and its invariable consequence was the
invalidity of the act against which it was levelled. The intercession
accompanied the _par potestas_ of the consuls; with the creation of lower
magistrates the conception of _major potestas_ as giving this power
arose, and the culminating point in the history of the intercession was
the creation of the tribunate. It was the great safeguard against illegal
or inequitable acts performed by magistrates, who were irresponsible
during their year of office, and the tribune’s _major potestas_ over
every magistrate made him the guardian of the interests, originally of
the Plebs and later of the whole community.
Public-domain text, read in full here on John Shaqi.
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