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
The special privileges which distinguished the Emperor from other
magistrates in transacting business with the Senate were three in
number. First, he has not merely the power to put a motion (_referre_)
when present in the house, but he can send a written recommendation
(_relationem facere_) when the Senate meets under the presidency of
another magistrate.[1620] In such a meeting the Emperor as a rule
only claims priority for one item in a single sitting (_jus primae
relationis_); hence we sometimes find, as a special privilege, the right
of priority given him for three, four, or five.[1621] The power which he
possesses of dividing the house upon his motion without debate (_senatus
consultum per discessionem facere_) is not a new one, but one that
might be exercised by the consul of the later Republic. Secondly, the
Emperor has the power to withdraw a _relatio_ of his own which is already
before the house (_relationem remittere_); and thirdly, the privilege of
ordering the Senate to meet under the presidency of another magistrate.
The second special right has reference to the elections of magistrates,
and introduces us to the question how far the Princeps could control
them. Two functions are attributed to him by our authorities, that of
nomination and that of commendation; but the effects of the two are very
different. The _nominatio_ is merely the negative power possessed by
the Republican magistrate of receiving names and excluding unqualified
aspirants from candidature. With respect to most offices—the praetorship,
for instance—it was exercised by the Princeps conjointly with the
consuls, and the number of candidates whom he nominated was, at least in
the early Principate, limited.[1622] The practical effect of the Prince’s
nomination on the election might be great, but its legal influence was
_nil_.[1623] _Commendatio_, on the other hand, a privilege developed
from the Republican practice by which candidates were recommended by
distinguished persons for election, is a right legally conferred, and one
which absolutely secures the choice by the electing body of the person
so commended.[1624] The extent to which it might be employed differed
with the various magistracies; thus in Tiberius’ reign, out of at least
twelve candidates for the praetorship only four were commended by the
Emperor.[1625] Magistrates, who had gained their position by this act of
imperial favour, were designated _candidati Caesaris_.[1626] The highest
office of all, the consulship, seems, at least in the early Principate,
never to have been awarded on a formal imperial recommendation; for the
description of the method by which Tiberius filled up this post at his
pleasure shows that the Emperor effected his object by a clever use of
the nomination.[1627] This may have been a limitation of practice, not
of theory, for the words of the law as we have it exempt no office from
this imperial control, and it is certain that from the time of Vespasian
Public-domain text, read in full here on John Shaqi.
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