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
There was one source, however, most distinctively expressive of the
character of the Principate, which found no expression in legal
enactments. The military oath (_sacramentum_), which during the closing
years of the Republic was tending to become a bond of personal allegiance
between a legion and its chief, was naturally taken in the Principate
by the whole army to its sole commander.[1592] But on the very first
transference of the throne a new departure was made. At the accession
of Tiberius the oath of fealty was taken voluntarily by the civil
orders;[1593] it was administered by provincial governors and was renewed
twice a year, on the first of January and on the anniversary of the
Emperor’s accession.[1594] The fact that a soldier’s oath bound the whole
Roman world was the fittest expression of the military character of the
new despotism.
A classification of the Emperor’s powers in detail, with an attempt to
deduce each of them from a prerogative conferred on him at his accession,
is rendered difficult by the facts that no Roman lawyer cared or dared
to evolve a complete theory of the Imperial constitution, and that here,
as in so many other departments of Roman history, we are dealing with an
office which, as it grew, gradually absorbed into itself fresh spheres
of influence. The Principate, in fact, finally absorbed the state, and
the only adequate formula for its authority which later jurists could
find was that the people had committed its sovereign power to its
delegate. But yet, when we examine the spheres of the Emperor’s activity,
it becomes clear that, while some are connected with an _imperium_,
others are attached more closely to the tribunician power, while others
again are associated with the relics of Republican offices held by the
Princeps, or flow from certain extraordinary rights conferred on him by
statute.
(i.) The first rights connected with the _imperium_ that strike our
attention are those exercised in the military sphere—rights which,
on a vast scale, reflect and extend the powers possessed by the
_imperator_ of the Republic. The Princeps has the right to raise
levies,[1595] to nominate officers, and to confer military distinctions.
In declaring war he has replaced the comitia of the centuries; and the
statutory recognition of his right to conclude a treaty[1596] settled
a vexed question of Republican procedure.[1597] This recognition
of the federative power was not earlier than the reign of the first
Claudius,[1598] but had already become a permanent element in the
imperial authority by the accession of Vespasian. The right to extend the
_pomerium_ of the city, which dates also from the reign of Claudius, is
also found amongst the list of imperial prerogatives in 69 A.D.[1599]
Public-domain text, read in full here on John Shaqi.
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