10.59 (rd xapdanpa rfjg fkxciXiKfiq), Diod. 29.3; Livy 2.1.8, 3.65.8, 27.38.9; Val. Caes. Modern scholars use this term to characterize a common theme in ancient accounts of early Roman history that describe affairs as driven by a struggle between the two orders or classes: patricians and plebeians. Imperium, Potestas, and the Pomerium in the Roman Republic 431, officially sanctioned possession of an army with investment with imperium. the tribunes forced both consuls to leave the city and set out for their provinces, threatening the consuls with prosecution if they remained any longer within Rome.147 It, seems beyond belief that the highest power to command and compel obedience should, be so weakened within the pomerium as to be helpless to protect its holder from ar, rest and imprisonment, especially since possession of imperium outside of Rome was, known to be ironclad protection against all forms of prosecution and interference.148. welche die Gewalten gleichrangiger Beamter ordnet" (280) and "Potestas bezieht sich hier nicht, wie Auspizium, auf den Inhalt von Amtsgewalt, sondern ist eine reine BezugsgroBe, die das Ver, haltnis von Gewaltentragern untereinander regelt" (295). Leg. Second, since all commanders in the field already possessed imperium militiae, the, importance of the SCU is that it authorized the use of imperium domi (that is, imper, ium in Rome), and therefore imperium domi did not exist - in normal civic conditions, - without a special decree. 66 Cic. Although this was a rather old story by the time, Livy recorded the surviving version, it is nevertheless very useful for illuminating how, the Romans of the later Republic understood the functioning of imperium. 172 B.C. Leg. In other, situations, authority in none of these areas is invested in a consul without the com, This passage makes two critical points. Cat. *0, Naturally, like other aspects of a magistrate's potestas, the strength of a man's coercitio, depended upon the level of his potestas: the potestas maior of a consul gave him a level. 60 Cic. 75 Nippel, Policing (as in n. 74) 22, notes that the vast majority of reported cases of coercitio being, used in the Middle and Late Republic were cases of a conflict between two magistrates or between, a magistrate and a senator. Rep. 2.56 ...novumque id genus imperii visum est et proximum similitudini regiae. 4.18.4). Livy Per. In certain cases, the senate could also declare a tumultus, which placed the, entire city in a state of emergency, normally the result of a hostile force advancing on Rome itself. 1.71, potestas administrandi. After his successors had been elected and taken office, and Gracchus himself had, already arrived in his province, he suddenly realized that a flaw had occurred in the auspices during, his successors' election. Creatio magistratuum, iudicia populi, iussa vetita quom … are accused of deliber, ately terrifying the senate because they had summoned it to a meeting in the Campus Martius where, they held imperium and military command. 70 The earliest praetors mentioned in surviving records are military commanders: P. Valerius Poplicola, received command of soldiers from one of the consuls in 350 B.C. when he was forced to forfeit his praetorian triumph over Spain in order to attend the consular, elections for 59 B.C. Leg. Phil. Providence College, Providence, RI Fred K. Drogula, Leg. Armed with this decree, he used his imperium to bring, cohorts of soldiers across the pomerium and station them conspicuously in military formation in the. 8.10.2). Intercessor rei malae salutaris civis esto.' Imperium was the supreme military power in the state and empowered, a magistrate with absolute regal authority, including the power of life and death, over, citizen-soldiers, allies, and enemies assigned to him by the state. The rise of popular politics in the late republic enabled men like Pompey and Caesar to use their considerable influence to manipulate the flexible traditions of military command for their own advantage. Sest. 5.72, 139-170 (esp. Aug. 61.1 where Augustus acts in imperils ac magistratibus). secundum vota in Capitolio nuncupata, lictoribus paludatis profectus ab urbe esset.... 124 Cic. the pomerium, see Last, Imperium (as in n. 91) 160. Another incident suggesting that magistrates did not possess imperium within the, pomerium involves Appius Claudius Pulcher's famous attempt to forge a lex curiata. See below for discussion. Livy presents the alternation of the fasces as, a practice intended to reduce the appearance of regal power in Rome, but he does not indicate that, this practice actually reduced the power or prerogatives of either consul (2.1.8: Omnia iura, omnia, insignia primi consules tenuere; id modo cautum est ne, si ambo fasces haberent, duplicatus ter, ror videretur). Indeed, because potestas alone - without imperium - gave power, and authority to civic magistrates like censors, tribunes, aediles, and quaestors, it would, seem strange to imagine that consuls and praetors needed the addition of imperium to, be able to perform their own civic responsibilities. Iul. There is furthermore no reason to believe that consuls and praetors in the later, Republic needed the power of imperium to enforce their decisions or legitimate their, actions; their magisterial coercitio was more than sufficient to empower them to give, orders and compel obedience within the city. This is what Mommsen, Staats, recht l3 (as in n. 11) 61-75 called imperium militiae (die militarische Amtsgewalt, die Amtfiihrung, militiae). Add a translation. Geburtstages von Alfred Heuss (Kallmunz 1993) 117-133 (= Gesammelte Schriften. 1.9 (speaking of a proposal to create ten grain commissioners with extensive pow, ers) quorum cum adventus graves, cum fasces formidolosi, turn vero iudicium ac potestas erit non. ); Plin., Ep. (Suet. This banner text can have markup.. web; books; video; audio; software; images; Toggle navigation While the Colosseum, imperial palaces and Pantheon are famous features of the Roman capital, Rome is addressed in this volume primarily as a city in which many thousands of men and women were born, lived, and died. 2 Verr. anteibant lictores non cum bacillis, sed, ut hie praetoribus urbanis anteeunt, cumfascibus bini). Aq. 1.11, IG 9.2.613. 138 Cic. If we may take Livy's emphasis on the axes to be significant, it should represent an augmenta, tion of the power wielded by the decemviri, and since they already possessed maxima potestas sine, provocatione, the inclusion of axes in their fasces was almost certainly a signal of their possession, of imperium within the pomerium - an open announcement of their claim to regal authority. 8.8.6) and Fam. 1.1.13 (insignia dignitatis et potestatis), Livy 3.36.3 (insigne regium), Dion. See T. Cornell, The Beginnings of Rome. tary power that normally did not exist within the pomerium. Some dictators were, also created in order to provide an additional senior magistrate when both consuls were detained in. In normal cir. in order to announce his candidacy for the consular elections that year.157 And, it is likely that C. Marius celebrated his triumph over Jugurtha on the first of January in. Ancient Latin authors understood this very well: Livy stated that triumphing, promagistrates (who, in order to triumph, must be holding imperium) triumphed non in, magistratu}07 and recorded private citizens (privati) who were not magistrates being, invested cum imperio.10* Festus pointed out that someone with imperium was merely a, holder of imperium, and therefore not necessarily a magistrate.109 In 173 B.C. 1.16.10, Sail. Gracchus) Octavioque collegae pro bono publico stand imperium abro. Suntoque aediles curatores urbis annonae ludorumque sollemnium, ollisque ad honoris amplioris gradum is primus ascensus esto. See H. M. Cotton and A. Yakobson, "Arcanum Imperii: The Powers of Augustus", in G. Clark and T. Rajak (eds. 20-21, 34). still considers that consuls, and later praetors, normally used their imperium in the civic sphere. 95 (aediles function with censorial potestas over aqueducts when no censors are in of. Fabius considered the two candi, dates named by the leading century to be unexceptional military commanders, and he believed that, the crisis of Hannibal's repeated victories required that the consulship go to Rome's finest military, men. C. Gracch. Aq. Is ordo vitio vacato, ceteris specimen esto. 1.67 [legate], 2 Verr. to use the powers of that office to engage in criminal profiteering (Cic. The purpose of this book is to analyse the tasks that consuls performed in the civil sphere during their term of office between the years 367 and 50 BC, using the preserved ancient sources as its basis. But modern scholars differ concerning to what extent ancient historiographers have falsified Early Republican history through Late Republican anachronisms. Domi Militiae (Stuttgart 1990) 47-51, A. Giovannini, Consulare imperium (Basel 1983) 45-53, J. Bleicken, Begrijf(as in n. 1), R. Develin, "The Roman Command Structure in Spain 218-190 B.C. 157 Cic. 14.7.6. 33; Frontin. Har. necessary rituals: turn consulis imperio dicto audientes futuros esse dicerent, cum is more maiorum. 2.45, grave est enim nomen imperii, atque id etiam in levi persona per time scitur. 3.6, magistratus nee oboedientem et noxium civem multa vinculis verberibusve coherceto, nipar maiorve potestas populusve prohibessit, and Mil. La tribunicia potestas, [...] Alessandro Severo si trova per la prima e l'ultima volta una rappresentazione della Potestas. This practice may have been discontinued, two consular colleagues, since the consul without fasces would be unable to intercede, against his colleague, who was fully vested with imperium.10* That fasces alone do not, signify imperium is suggested also by the practice of consuls of lowering their fasces, - devoid of their axes - before an assembly of the people: hardly a symbol of supreme, military power.105 The fasces of the dictator, on the other hand, were a source of terror, to the Romans because they were fully equipped with axes, even in Rome.106 If we are, looking for symbols of imperium, these axes (secures), which consuls and praetors could, only add to their fasces outside the pomerium (where their possession of imperium is. Given the precise procedures involved in granting imperium, - the lex curiata and the taking of the auspices - it is hard to believe that the symbols, of imperium would be handed out so casually when imperium itself was so closely, guarded. of the people, and the seizure of temples and elevated or defensible positions in the city. ); D. (Ulp. quom magistratus iudicassit This content downloaded from on … Max. Thus, while imperium was certainly a mighty power. Leg. Cat. Historia: Zeitschrift für Alte Geschichte, Stable URL: https://www.jstor.org/stable/25598407, JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide, range of content in a trusted digital archive. Finally, I will briefly examine three Republican institutions (the triumph, the dictatorship, and, the senatus consultum ultimum) and argue that - far from demonstrating the existence, of imperium domi - they reinforce the idea that imperium did not normally exist within, the pomerium. Rather, they only needed to perform the requisite ceremonies if they wished to take up imperium. 1.1.13,.. .maioraque praefer ant fasces illi ac secures dignitatis insignia quam potestatis. Abstract. Two of Staveley's examples (Cic. (207 B.C. As a result, imperium is understood to be part of this broad potestas, a form of, potestas possessed by certain high magistrates, and conveying the right to command, soldiers.18 By intermingling the two concepts in this manner, imperium is brought into, the sphere of a consul's or praetor's civilian authority, and once there it is very difficult, to again separate and distinguish between the two ideas. Further, Staveley's references to Cicero are also weak evidence: pro lege Manilla 32 does, not actually mention lictors and fasces as insignia imperil, in the second actio against Verres from. Although much ink and intellectual effort have been expended, trying to explain how imperium domi might have existed and functioned, I suggest that it, is time finally to dismiss this ill-documented but lingering notion, and instead to accept, that imperium was specifically and only the power of military command, that it - like, military command - was strictly prohibited within the pomerium (except in extraordi, nary circumstances), and that the potestas invested in each magistracy was sufficient. Mommsen goes on to point out that several, Roman priests were also attended by lictors (389-392). Richly illustrated and designed as a readable survey accessible to all audiences, the Companion explains ground-breaking new research against the background of current debate and reaches a level of sophistication that will be appreciated by the experts. ii qui senatusconsultum facere vellent maiorve essent. commander, it did not make him a magistrate. Imperium, Potestas, and the Pomerium in the Roman Republic 421, Spartan king,6 Varro describes the imperium of bees,7 Velleius Paterculus speaks of the, imperium of the tribunes,8 and the Urso Charter refers to the imperium of the municipal, duoviri and aediles.9 In all these cases imperium does not refer to the specific and con. C. Nicolet, The, World of the Citizen in Republican Rome (Berkeley / Los Angeles 1980) 144 and 163 also refers to. The consulate prefigured all aspects of public life, with consuls taking care of almost every aspect of the administration of the Roman state. to empower officials to perform their civic responsibilities. The emphasis in this passage focuses upon the universal, agreement among the senate, tribunes, and citizens that a returning commander would be permitted, to have imperium inside the city. 2. While the former aspired to the consulate as the defining magistracy of their social status, the latter perceived it as the embodiment of the Roman state. 102 Gellius NA 2.15.4 ...kapite VII legis Iuliae priori ex consulibus fasces sumendi potestas fit, non, qui pluris annos natus est, sed qui pluris liberos quam collega aut in sua potestate habet aut bello. The, reference in Dionysius of Halicarnassus (3.61.1-2) also refers to the regal period (under L. Tarquin, ius Priscus) and includes all curule trappings - including a royal crown - as insignia imperii. Att. a praetor, designate, who had not yet assumed his magistracy, was sent cum imperio to fight a, plague of grasshoppers in Apulia,110 and Suetonius emphasized that Caesar had behaved, well neque in imperils neque in magistratibus.111 Several Roman statutes also make clear, that there is a difference between a magistrate and a holder of imperium, since at least, two laws use the phrase magistratum aut imperium.112 Imperium was the authority to, command Rome's citizen legions in the field, and therefore it could be bestowed upon, private citizens as easily as upon magistrates,113 and a man's imperium could continue, for a period in the Middle Republic (Staveley, "Fasces" [as in n. 92], 461-462), but in the Late. 2 Verr. Leg. Sed primum Bovi locum tributum fuisse narrat, unde et iisdem Bos vocabatur a)/lfa. Romani nomen ac fasces, and 5.167 does not mention imperium. By the Late Republic Roman authors possessed a fairly, clear picture of the legal issues surrounding a triumph. Sat. The focus of this paper, therefore, will be on the Roman use and understanding, of imperium in the final two centuries of the Republic, with significant attention given to. Staveley does not include, Cic. 189), the flamen of Quirinus, both of whom - when consul - were prevented by the pontifex maxi, mus from leaving Rome to take up a provincial command on the grounds that their religious duties, Sisflamines required their presence in the city (MRR 1.218, 361). - Imperatore romano (n. presso Rieti 9 - m. Cutilie, Sabina, 79). Ea potestas per senatum more Ro, mano magistratui maxuma permittitur, exercitum parare, bellum gerere, coercere, omnibus modis socios atque civis, domi militiaeque imperium atque iudicium sum. The rare occasions when the domi I militiae distinction is applied to imperium are discussed. 'Creatio magistratuum, iudicia populi, iussa vetita cum cosciscentur, suffragia optumatibus nota, plebi libera sunto.' to a man who is neither a Roman magistrate nor in Rome, and does not mention imperium), Caes. 13.9.3; 2 Verr. 20) demonstrates this when he describes the military nature of, the SCU of 100 B.C. 5.83; Lucan BC 3.105; Livy 44.31.12; Tac. Cat. But it was also a source of conflict over the roles and definitions of power. potestativo agg. Coercitio was included in the potestas of, most magistrates and, although subject to the citizen's right of appeal, was usually suf, ficient to enable the magistrates to undertake their duties.73 Nippel usefully describes, inrogassitve, perpopulum multae poenae certatio esto. Gottingen. ferenda; licebit enim, quod videbitur, publicum iudicare, quod iudicarint, vendere. the approval of the people (celebrante populo) (Livy 10.37.6-12). The scope of this book is therefore not limited to political or constitutional questions. After he reported this flaw to the senate, the two men who had been elected. 2.30, potestas intercedendi (cf. 2.8.4; Suet. See also: Cic. 31-39 and Delphi Copy Block C, 11. agr. He states that the power of a father over his son is suspended when that son is a. magistrate with potestas: ...patrum iura, cumfdiorum qui in magistratu sunt potestatibus collata, 38 Aul. the notions Romans held about the power of the traditional (pre-Sullan) dictatorship. 42.6 (refers to a man who is neither, a Roman magistrate nor in Rome), Val. and Power in the Graeco-Roman World (Oxford 2002) 199. 3.8, Iuris disceptator, qui privata iudicet iudicarive iubeat, praetor esto; is iuris civilis custos esto; huic potestate pari, quotcumque senatus creverit populusve iusserit. before Appius was elected, and Appius, claimed that this decree was sufficient authorization for him to acquire a province even without a, lex curiata. This is evident in the lex Coloniae Genetivae (RS 25, sections 62, 65, 94, 95, 97, 125), which, repeatedly refers to the potestas of the local magistrates as the source of their authority. 2.32) says that the decem, viri proposed by the lex Agraria of 63 B.C. 140 See the discussion of dictators and the senatus consultum ultimum below. militiae was not spatial but task-oriented. It is likely that the commons, who individually had no hope of resisting. 1.11.1. pr.5 [Aurelius Arcadius Charisius]. 16, (Catiline, as a private citizen, assumes the fasces with axes after leaving the city), Ant. power inherent in public office that enabled magistrates to fulfill their responsibilities. 99, App. In fact, the Romans went to great lengths to carefully regulate and control all use, - however brief - of imperium within the pomerium, and episodes like the triumph, the, dictatorship, and the SCU underline the idea that imperium was a military power that, only appeared in Rome under the most extraordinary circumstances. See Itgenshorst, Tota (as in n. 150) 148-188 (discussion on the historicity of Livy's descrip, tions of early triumphs) and 193-203 (tensions between potential triumphators and the Roman senate. quifuerunt mihi quoque in magistratu conlegae. To avoid losing his op, portunity to command, Appius bribed some augurs to swear (falsely) that he had indeed, acquired the necessary lex.125 When his attempt to forge a lex curiata was revealed and, exploded, Appius tried another approach and claimed that a lex Cornelia of Sulla's ren, dered a lex curiata unnecessary for a man who had already been assigned a province by, the senate.126 On these grounds Appius defiantly stated that he would take a province,127, and indeed he was in command of Syria the following year.128 Regardless of the strict, legality of Appius' argument, this incident suggests that Appius had held the consulship. 2 Verr. office from five years to eighteen months (4.24.1-9). imperium,62 and aediles also possessed the power to pronounce a legal edict.63 Indeed, Lintott points out that in the Republic even private citizens could inflict the punishment, for some crimes - even capital offences - with merely the assent of a magistrate.64 In, his de Legibus, Cicero believed that all magistrates should possess judicial power,65, and when he speaks of praetors as judicial magistrates he specifically refers to them as, holding potestas.66 He likewise draws a distinction between the urban magistrate (ranked, by potestas) who exercised judicial powers (iudicassit inrogassitve) and the military, commander who exercised military authority (imperabit).61 It is true that certain crimes. (as in n. 17) 46, A. H. M. Jones, "The Imperium of Augustus", JRS 41 (1951) 115. 'Is ordo vitio vacato, ceteris specimen esto.' In accordance with the lex Sempronia of 123 B.C., the sen, ate had already decreed the consular provinces for 54 B.C. This episode, demonstrates that a man could be consul in Rome without possessing imperium:132 the, potestas that was innate in the consulship was sufficient to define a man as a consul, within the pomerium, but to obtain a province and command a military force there he. Phaenices referr, Bovem non secundo vel tertio loco in familia requisivisse, sicut Hesiodus 2. oper. Tacitus was so, accustomed to the idea of coercitio being used to enforce domestic order that he described priests. mum habere; aliter sine populi iussu nullius earum rerum consuli ius est. Ann. 7.37, Dio 53.13.4). 24.9.1-2). When this was done is uncertain, but it supports the argument that originally there, was no appeal from a dictator. 59 In order to command a Roman army, a man needed only to be cum imperio.