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
But the recognition of an _imperium_ within Rome was not alone
sufficient. Even when this was joined to the tribunician power, great
gaps were left in the position which should be held by a true head of
the state. To fill these up, and thus supply a solid foundation for
autocracy, fresh grants of isolated powers were necessary; and these
grants, though in theory occasional, soon became permanent in practice.
The Emperor, like the tribune, possessed no distinctive official dress
while he resided in Rome: hence the consular _insignia_ had to be
conferred;[1586] he possessed in virtue of his tribunician power only
the right of making the third proposal at the Senate: hence the grant of
the _jus primae relationis_.[1587] Such grants admitted of indefinite
extension, and the stage which they had reached by the date of the
accession of Vespasian is partially known to us from the only official
document which throws light on the powers of the early Principate. In
the existing fragment of this charter, which appears to be a decree
of the Senate meant to be submitted to the people for their formal
assent,[1588] we find the Emperor credited with the heterogeneous powers
of making treaties, extending the _pomerium_, commending candidates for
magistracies, and issuing edicts as interpretations of law human and
divine. The measure further exempts him from the operation of certain
enactments and gives him certain privileges, not possessed by the other
magistrates, in his relations with the Senate. These powers cannot be
brought under any single legal designation; but, as most of them are
more or less directly connected with some kind of _imperium_, the view
that they were tacked on to the bill conferring the tribunician power,
which received the formal ratification of the Plebs, is improbable. On
the other hand, they cannot be said to have belonged originally to a
law conferring the _imperium_; for the imperial biographies frequently
speak of the gift of the _proconsulare imperium_ (by the Senate) and
of the _tribunicia potestas_ (by Senate and People) without any hint
of a general law conferring _the_ “imperium.”[1589] Yet the gift of
the _imperium_ is sometimes mentioned,[1590] and if the passages of
jurists of the second and third centuries, which speak of _imperium_
being conferred through a _lex_,[1591] are genuine, we must conclude
that the centre of gravity in the powers of the Princeps had shifted
with the course of years. Originally the casual collection of powers,
which appears in the law sanctioning Vespasian’s rule, must have been a
mere supplement to the two leading prerogatives—the proconsular and the
tribunician powers. But it is quite possible that in the course of time
the vast development and the great importance of these added privileges
may have caused the enactment containing them, now known as the _lex de
imperio_, to overshadow the other sources of the imperial authority.
Public-domain text, read in full here on John Shaqi.
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