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
If we believe that the king during his lifetime nominated his
successor,[828] there must from the first have been an interval between
appointment to and entrance on office. This interval existed throughout
the Republic for most of the annual magistracies; only the dictator,
the censors, the magistrates created as the result of an interregnum
(_ex interregno_), or those elected to fill up a place that had become
vacant (_suffecti_), entered office immediately on their election. For
the ordinary magistrates there was a more or less considerable interval
between election and entrance on office; for the patrician magistracies
it had originally been short, for the elections were one of the last
acts of the consul’s annual reign, and the new consuls and praetors
entered office from the close of the third century on 15th March,[829]
from 153 B.C. on 1st January.[830] But in the closing years of the
Republic—perhaps in consequence of a change introduced by Sulla—the
elections were universally held in the month of July; and this gave a
six-months’ interval between election and entrance on office for the
consuls and praetors, and one of more than four months for the quaestors
and tribunes, who assumed their functions on 5th and 10th December
respectively.[831]
During this interval the magistrate elect was _designatus_, and, though
his _imperium_ or _potestas_ was necessarily dormant, he had a distinct
position in the state and could exercise certain official functions
preparatory to the magistracy, such as issuing edicts, which would be
binding after his entrance on office.[832] Even before the _renuntiatio_
he had taken an oath of fealty to the state[833]—one, however, that could
only have been exacted when the candidate was present at the election.
The entrance on office was signalised by another promise on oath to
respect the laws (_in leges_)—a custom which probably grew out of the
power of the people to bind either present or future magistrates by an
_execratio_ to respect a certain _lex_.[834] Refusal to take it within
the period of five days was followed by loss of office;[835] only the
Flamen Dialis, who might not swear, could claim exemption, and with the
people’s consent take the oath by deputy.[836] During the later Republic
we also find evidences of an oath which closed the tenure of office; the
magistrates, on the expiry of their functions, addressed the people and
swore that, during their period of rule, they had wilfully done nothing
against the interest of the state but striven their utmost to promote its
welfare.[837]
Public-domain text, read in full here on John Shaqi.
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