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
But, on the whole, the earliest period of the history of the Republic is
the epoch of the power of the magistracy. The traditions of the monarchy
were so little forgotten that eight years after the establishment of
the Republic, kingship in a modified form was again restored.[338]
In 501 B.C., during a war with the Latins, the consuls nominated an
individual with the royal title and powers. It was understood that this
_magister populi_, or, as he was afterwards called, _dictator_,[339]
was to remain in power only so long as the danger lasted; as the danger
was originally military, a single campaign of six months was held to be
the maximum duration of the office. During this time he was to exercise
the full regal _imperium_, within as well as without the city, and the
accompanying military jurisdiction without appeal. He was originally
understood to be a purely military official and the commander of the
infantry force; the command of the cavalry he entrusted to a magistrate
who, on the analogy of the magistracies of the monarchy, was a delegate
of his own, and bore the title “master of the horse” (_magister
equitum_).[340] The dictatorship was conceived of as a purely military
office, and, though it was occasionally used for other purposes in the
later constitution, never lost its primitive character. Although it
impeded for a time some of the most characteristic functions of the
consuls, it was not a suspension, but a part of, the constitution. A
small, struggling, and essentially military society, such as that of
early Rome, contemplated martial law as an occasional necessity; there
were times when the peril of the state was so great that it was felt
that the citizens’ ordinary guarantees of protection should sink into
abeyance if they were thought likely to interfere with the safety of the
commonwealth. The dictatorship had an internal as well as an external
side to its military character; it was even, perhaps, on its earliest
institution, meant to control disobedient citizens as well as to oppose
the enemy,[341] and was thus to some extent a party weapon in the hands
of the Patricians against the refractory Plebs. We shall find that
this summary military jurisdiction within the city was subsequently
abolished, without much loss to the utility of the institution. Its
true merit was the unity of administration which it created, the
advantages of which were made more apparent by the clashing powers of
the magistrates at a later stage of history. But the experience of the
evils of divided authority did not first point out the necessity of the
office. The dictatorship was an integral part of the original Republican
constitution; the law allowing it was forgotten—perhaps it was the first
_lex Valeria_ which secured the appeal against the ordinary magistrates;
but the right of the consul to declare martial law, as he did by
appointing a dictator, was never questioned as was the parallel right,
Public-domain text, read in full here on John Shaqi.
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