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 edicts, decrees, and rescripts came eventually to be described as
“imperial constitutions” (_constitutiones principum_), and although,
as we have seen, different degrees of permanence might attach to each
of these methods of utterance, to a jurist of the second century they
all had the force of law.[1818] From this category of enactments with
binding force one important class of imperial ordinances seems formally
to have been exempted. This class consisted of the _mandata_, or
general instructions which the Princeps gave to officials subordinate
to himself. In the early Principate they were for the most part issued
to the governors of Caesar’s provinces, but the gradual encroachment of
the Emperor’s powers on senatorial administration led to the mandates
being issued to proconsuls as well. When the mandate dealt with a precise
point of the _jus civile_ and was repeated by successive emperors, it
doubtless came to have the force of a rescript;[1819] but it was more
often concerned with the general administrative duties of subordinates,
directing them in the doubtful cases of the moment, and, therefore,
not necessarily laying down rules of perpetual validity. In one sense
the mandate stands higher than the rescript, for it is as a rule more
general in form, and a _mandatum_ may be the result of a series of
_rescripta_ on the same point; but in another sense it stands lower,
since it was understood that it might be recalled at any moment by
the Princeps who had issued it, and that it might not be observed by
his successor. The remarkable differences of treatment to which the
Christians were subjected during the Principate was due chiefly to
the fact that, so far as this treatment was a concern of the central
government at all, it was one directed by mandate.
A review of the powers of the Princeps as exercised through his
“constitutions” and his mandates shows that he was not regarded as a true
legislative authority, and that the binding force of his ordinances was
technically inferior to that possessed by decrees of the Senate. But the
theory of legislation was never of much practical importance at Rome. The
Romans had lived for centuries mainly under the rule of interpreted or
judge-made law, and now the Roman world, enlarged and unified, looked for
guidance, not to the _comitia_, which were in decay, or to the Senate,
whose contact with the provinces was ever becoming less, but to the one
interpreter who was known to every judge and every litigant, and whose
utterances could be heard at the farthest ends of the earth. It was the
force of circumstances, not any constitutional theory, which made the
Princeps the highest of all legislative, because the greatest of all
interpreting, authorities.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account