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
onwards the consulship too was subject to the _commendatio_.[1628]
The Princeps, according to the enactment which confers powers on
Vespasian, was dispensed from certain laws (_legibus solutus_).[1629]
There is no implication here of an exemption from the operation of the
ordinary civil and criminal law. The Princeps is not above the laws, nor
are the courts of the community his courts; and, if he was exempt from
prosecution during his year of office, this was the normal privilege of
the Republican magistrate. What is meant is the dispensation from certain
principles of the constitution or enactments, which the Principate as
a magistracy necessarily violated or which were found inconvenient to
the Princeps. Such were the _leges annales_, or the rule forbidding the
holding of the _imperium_ within the walls. In choosing an heir the
Emperor was also exempted from following the precise formalities of
adrogation;[1630] he could manumit without the _vindicta_[1631] and was
not subject to the disabilities of the Julian and Papian law.[1632]
(v.) The separation of religious from political duties, which had been
a characteristic of the Republic, was continued theoretically under
the Principate. The Emperor was in no sense a high priest, and ritual
was still a function of the sacerdotal colleges. But he was a member
of the great religious guilds which dealt with augury and with the
_jus divinum_,[1633] and the law gives him the power to carry out the
orders of such societies if he thinks it to be in the interest of the
state.[1634] We have not, however, merely the phenomenon of the civil
assisting the religious arm, for the Prince, as _pontifex maximus_,
represents both in his own person. The chief pontificate was specially
conferred on him with the other imperial powers; he may originally have
been invested, like the pontifex of the Republic, by the assembly of
the seventeen tribes,[1635] but later the creation seems to have been
wholly the work of the Senate, although a formal announcement of the
result (_renuntiatio_) was still made before the assembly.[1636] When the
Principate came to admit the principle of colleagueship, only one of the
Augusti was made chief pontiff,[1637] and the association of the highest
religious and civil power continued until the stole was rejected by the
piety of Gratian.[1638]
It is obvious that the attempt to keep the rôles of pontiff and Princeps
apart, even if made, could never have been successful. Where crime was
also sin the pontiff could now utter authoritative law and exercise
coercion; the lay and the religious character are strangely mixed in the
methods adopted by Domitian for the punishment of incest,[1639] and when
the _jussio principis_ speaks on a question of burial law,[1640] it must
have been difficult to tell whether it was the Prince or the pontiff who
was giving his decision.
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