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 two new magistrates, who were appointed to the headship of the
state, were, like the king, armed with the _imperium_ and its united
powers of military leadership and jurisdiction. Hence they bore the old
titles of _praetores_ and _judices_,[316] while those designations which
denoted a single supremacy in the state, such as _dictator_ or _magister
populi_, were necessarily discarded. The new magistrates were to hold
office for a year and then to transmit their power to two successors.
But their right of nomination was not final. They were, indeed, free
to name as their successors whom they pleased, but this nomination had
to be ratified immediately by the people assembled in their centuries;
and perhaps they were already expected to submit to this _comitia_ the
names of all candidates who offered themselves for this post, although
they could certainly decline to receive such names,[317] and nomination,
or, as it was sometimes called, _creatio_, was an essential part of
the early consular elections. A new practice, that of direct election,
was thus introduced into the Roman constitution, but it was merely an
advance on the previous practice of ratifying a nomination.[318] A far
newer idea—one which distinguished the consulship from the monarchy,
and continued to differentiate it from the dictatorship subsequently
created—was that of _colleagueship_,[319] of two officials exercising
exactly the same sphere of competence, with the inevitable effect of
collision if agreement could not be secured. Perpetual collision was
averted by the simple rule that the dissent of one magistrate rendered
null and void the action of his colleague. But if such dissent was not
expressed (or not capable of expression through the absence of the
colleague) the command of a single magistrate had binding force on the
community. His regal competence was not diminished, but only potentially
checked, by the presence of a colleague. Colleagueship, considered as the
safeguard against abuse of the _imperium_, grew to be so firmly impressed
on popular imagination as the characteristic feature of the new office,
that the earlier titles derived from the monarchy gave place to that of
_consules_.[320]
Public-domain text, read in full here on John Shaqi.
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