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
In dealing with the powers of the Senate two courses lie open before us;
we may either treat them in the order of their growth and show how the
successive usurpations were effected, or we may describe them as they
existed in their developed form. The first method would have more of an
historical interest, but, apart from its difficulty and obscurity due to
the frequent lack of evidence, it would result in a wholly unsystematic
classification of the aggregate of acquired rights. It is preferable,
therefore, to deal with the Senate’s powers in their developed form, with
a preliminary warning that they were gained at very lengthy intervals
and by very different means. Some, such as the control of finance, were
usurped from the magistrate; others, such as the dispensation from laws,
were stolen from the people; to others again, such as the control of the
details of provincial government, the Senate had an altogether peculiar
right, such powers being created during the period of the growth of its
ascendency.
With the election of magistrates the Senate of the later Republic had
no direct concern, and the people alone claimed the perhaps not wholly
constitutional right of deposing them. But towards the close of its
tenure of power, when the struggle for existence caused it to strain
its prerogatives to the utmost limit, we find the Senate claiming the
very analogous right of suspending a magistrate from the exercise of
the functions of his office. A charge of turbulent proceedings was the
motive for the suspension of Caesar from the praetorship, and of Metellus
Nepos from the tribunate in 62,[1329] and Caelius Rufus was ejected,
on the allegation of similar misconduct, from the curule chair of the
praetor in 48.[1330] The use of this power against the praetor, or indeed
against any magistrate subject to the _major potestas_ of the tribune,
is comprehensible; for the latter might, at the bidding of the Senate,
inhibit any official from the exercise of his customary functions; how
the power could be employed against the tribunate itself is one of the
hidden mysteries of senatorial usurpation.
Public-domain text, read in full here on John Shaqi.
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