Leg. 15 Neither of the passages Mommsen actually cited in his discussion, Cic. Cicero provides a vivid account of the public emergency created by Saturninus, inside the city that was resolved by the passage of an SCU, which empowered Marius to arm the. 147, 161-163, 165-166, 168). Giovannini, Consulare (as in n. 4) 19-26 argues that the right of provocatio even extended. 16, (Catiline, as a private citizen, assumes the fasces with axes after leaving the city), Ant. the tribune L. Flavius imprisoned the consul Q. Caecilius Metellus Celer for his, opposition to legislation favorable to Pompey (Cic. imperium, which contributed to the shock of the Roman people at the actions of the second board. 3 or Livy 28.24.14 in his argument, probably because neither truly supports his argu, ment: Cicero's passage is highly metaphorical, and Livy's passage refers to events in Spain - where, imperium was clearly in force - and specifically describes the insignia imperii as including the axes, (fasces securesque), which indicates that these particular insignia imperii could not exist in Rome, where the axes were normally forbidden in a magistrate's fasces. 177 MRR 1.574-576. 1.67 [legate], 2 Verr. A series of reforms eventually led to the development of the familiar ‘classical constitution’, and the consulship and praetorship became the most prestigious and desired magistracies (and—outside the city—the most powerful), but the tribunes long retained the broadest prerogatives for civilian governance inside the city. 251-253 points out (251) that even after the Lex Porcia provocatio remained largely ineffective Caes. 24.9.1-2). p. 43L: cum potestate est dicebatur de eo, qui a populo alicui negotio praeferebatur. Even more remarkable was Caesar's need - despite, being the urban praetor - to satisfy his creditors before he could leave for his praetorian, province in Spain in 62 B.C.149 Was imperium domi so weak that even moneylenders, could impose themselves upon a sitting praetor? Both consuls - C. Popillius Laenas and P. Aelius Ligus - had been assigned, the active military province of Liguria, but they remained in Rome in order to hinder the senate, from acting against Popillius' brother, who was a proconsul waging an unauthorized war against the, Statelliates in Liguria. Most scholars believe that the pomerium was a border that separated the, military and civilian worlds.116 All agree that it was a religious boundary, and that com, manders had to undergo a special ceremony when leaving the city in order to exercise, their military prerogatives properly.117 These rituals regulating a magistrate's acquisition, of military power when he left the city were elaborate, as were the rituals he performed. Regardless of its source, imperium had to be taken up when - and only when - its holder left Rome, since he did. Vis in populo abesto. Such supplication mollified the dictator and gave him an excuse, to back down from the potential confrontation with the tribunes, but it cannot be taken for certain. IV 'Ast quid erit quod extra magistratus coerari … 3.30.3 (a consul is given censorial potestas). that the pomerium in any way limited civil law from reaching Roman citizens outside of the city. However, the consulship, the highest magistracy of the Roman Republic, has not received the same attention from scholars. 8.10.2). Nothing, 158 MRR 1.558. Mommsen goes on to point out that several, Roman priests were also attended by lictors (389-392). Leg. before Appius was elected, and Appius, claimed that this decree was sufficient authorization for him to acquire a province even without a, lex curiata. 8808). stitution (as in n. 18) 89-93, who suggests that the SCU was technically illegal. which was necessary in order to take command of an army. 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. Sest. 54 (1977) 76, J. S. Richardson, "The Triumph, the Praetors and the Senate in the. Like hegemony and empire before it, the English-language term tianxia is likely to lose its cultural specificity while retaining its structural implications. The attacks on the walls of Rome equated to attacks on the more abstract boundaries governing access to political power. Clu. III 3, 10 eius (senatus) decreta nata sunto: ast potestas par maiorve prohibessit, perscripta sunto. Only when civil strife threatened the security of the state was the military, force of imperium permitted within the city, where its immunity to provocatio enabled, it to crush conflict.140 This would also explain why full Roman citizens were subject, to harsh punishments - including scourging and summary execution - while serving in. His wording here suggests that the definition of the new office was, an issue of potestas, and that once established the new office was given imperium and the task of. He went to the, province of Asia, perhaps following the precedent of P. Cornelius Scipio Nasica Serapio, who - like, Marius - had gone there in 132 B.C. 73 See Jolowicz and Nicholas, Introduction (as in n. 61) 305-320. Verr. 45 Cic. On these restraints upon imperium, domi, see Lintott, Constitution (as in n. 18) 32-34, Magdelain, Ius (as in n. 4) 210-211 (although, he does not accept the unity of imperium), Kunkel, Introduction (as in n. 1) 15-16, Jolowicz and, Nicholas, Introduction (as in n. 61) 12-13, 305-317, C. E. Brand, Roman Military Law (Austin, 1968) 66. Ast quid turbassitur in agendo fraus actoris esto. 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. Hal. We use information technology and tools to increase productivity and. Cic. lul. Staveley himself acknowledges that lictors were given to ambassadors and, senators visiting the provinces in the first century B.C. before being permitted to triumph (Cic. In spite of its importance, however, no adequate, definition of imperium survives from antiquity; the modern understanding of the term, has been assembled by modern scholars, who have combed through the ancient sources, and assembled a composite interpretation from a variety of independent references. ferenda; licebit enim, quod videbitur, publicum iudicare, quod iudicarint, vendere. J. Martin, "Die Provokation in der klassischen und spaten Republik", Hermes 98 (1970) 87-91, A. H. McDonald, "Rome and the Italian Confederation (200-186 B.C. 188 MRR 1.523-524 (Opimius) and 2.193-197 (Cicero). Kunkel, Introduction (as in n. 1) 15-17, recognized that potestas was the sole power of those magistrates without imperium, but he held, that imperium "in the wider sense" conveyed "all-embracing authority" to its holders; and in a later, work (Staatsordnung und Staatspraxis der Romischen Republik [Munich 1995] 21-28) he provides, a good discussion of the potestas of different magistracies, but does not consider potestas to be the, defining quality of a magistrate. 144 Cic. 7.228] a sostegno della tesi secondo la quale la decisione magistratuale di denegare actionem si concretava in un decretum esposto all'intercessio dei magistrati dotati di par maiorve potestas ovvero dei tribuni della plebe. One possible source of such community is world society, the society of all the individual people in the (or, in the past, “a”) world. still considers that consuls, and later praetors, normally used their imperium in the civic sphere. not enter the city before his triumph, I believe that the best solution is the simplest: imperium - and along with it the capacity to request a triumph - automatically lapsed, when any commander (including a sitting consul) crossed the, pomerium}59 Although, a consul or praetor had the ability to take up imperium again by performing the neces, sary ceremonies and exiting the pomerium, he could not renew his claims for a triumph, because his victorious command had already been resigned irreversibly along with his, imperium. citizenry and command them against the domestic insurgents (Cic. in Studi in onore di Pietro Bonfante nel XL anno d'insegnamenta (Milan 1930) 481-493. voluerunt, quorum ipsum nomen vim suae potestatis indicat. 272; 1966. See H. M. Cotton and A. Yakobson, "Arcanum Imperii: The Powers of Augustus", in G. Clark and T. Rajak (eds. 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. 120; Livy 9.34.9; 43.16.3; Val. Dio 51.19.6). power inherent in public office that enabled magistrates to fulfill their responsibilities. out of politics for several years following the debacle that resulted from his use of imperium in 7.228] which can demonstrate that the denegatio actionis took the form of a decretum. 3.11, Par maiorve potestas plus valeto (cf. Rab. 20 Cic. in n. 4), Riipke, Domi (as in n. 4), Giovannini, Consulare (as in n. 4), Beranger, Imperium (as in n. 5), Develin, Lex (as in n. 4), Kunkel, Introduction (as in n. 1), Versnel, Triumphus (as in n. 4), V. Ehrenberg, "Imperium Maius in the Roman Republic", AJPhil 74 (1953), H. Last, "Imperium Maius: A Note", JRS 37 (1947), and E. G. Hardy, Studies in Roman History (London 1910). 81 Cic. 31 Cic. agr. 57 Festus p. 43L: cum imperio est dicebatur apud antiquos, cui nominatim a populo dabatur imperium. 103 By tradition, consuls rotated possession of the fasces in alternate months (Cic. Imperium, Potestas, and the Pomerium in the Roman Republic 445. about the triumph should persuade us that such a thing as imperium domi existed; rather, by discarding this dubious notion we are able to expand our knowledge of the triumph, and understand why sitting consuls and praetors were forbidden to enter the city prior, The imperium of the dictator certainly operated within the pomerium of Rome, but the, critical point of the dictatorship was that it was an extraordinary magistracy. necessary rituals: turn consulis imperio dicto audientes futuros esse dicerent, cum is more maiorum. Flac. either insignia dignitatis or insignia imperii (p. 209). 5.45, imperium...sine quo res militaris administrari, teneri exercitus, bellum geri non potest, and Agr. 2.45, Lig. 142 Cic. T. Flavius Vespasianus), imperatore. Contra: R. Develin, "Tradition and Development of Triumphal Regulations in Rome", Klio 60 (1978), 437, who believes that a sitting magistrate could - if he so wished - enter the pomerium and hold a. triumph without obtaining any type of authorization, an action that Liou-Gille, Pomerium (as in n. Imperium, Potestas, and the Pomerium in the Roman Republic 443, meeting of the senate held outside the pomerium, and the celebration of his triumph, marked the first moment when he was permitted to cross the pomerium while retaining, his imperium.152 If the senate refused to grant permission, a commander could seek to. 3, Plut. Cicero alleges that Verres, while living outside the pomerium having officially, taken up his imperium by leaving the city, repeatedly re-entered the pomerium at night to visit his, 145 Caes. 1.3; Dig. 30.3-5). Likewise, Dionysius of Halicarnassus wrote that only a dictator could stop civil unrest,170 and the, reason is clear: in early Rome, only a dictator could use imperium in the civic sphere. He argues that a Roman citizen outside the pomerium, but not enrolled in the army, was subject to civilian law, and therefore the pomerium could not have, marked a point where civilian law ended. of citations (it is suspicious that Livy, who otherwise makes tremendous use of the word imperium, does not employ the evocative phrase more often, especially during his account of the Conflict of the, Orders). 88 Mommsen, Staatsrecht l3 (as in n. 11) 61-75. 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. *7 Even, the title imperator - given to a victorious general by acclamation of his soldiers - was, inherently a military honor. 67; 1934. authority, control over territory, and military power underwent continual transformation. Sallust defines the SCU as follows:182, Itaque, quod plerumque in atroci negotio solet, senatus decrevit darent operam, consules ne quid res publica detrimenti caperet. Rom. 126 Cic. In short, it is a study of the consuls ‘at work’, both within and outside the city of Rome, in such varied fields as religion, diplomacy, legislation, jurisdiction, colonisation, elections, and day-to-day politics. 184 Lintott, Violence (as in n. 64) 156 comes close to this position: "Imperium is certainly not conferred, [by the SCU]...instead instructions are given for the exercise of imperium, which promise by im, plication the senate's backing for their performance....", 185 The SCU was the equivalent of martial law because, by authorizing the use of imperium within the, pomerium, the senate effectively suspended the citizens' right of appeal, since there was no appeal, from imperium. 155 Livy 45.35.4 tribus iis omnibus decretus est ab senatu triumphus mandatumque Q. Cassio Praetori, cum tribunis plebis ageret, ex auctoritate patrum rogationem adplebemferrent, ut iis, quo die urbem, triumphantes inveherentur, imperium esset. performance of additional rituals when they exited the pomerium. The, banishment of imperium from the city of Rome, therefore, was probably a part of the same process, by which citizens of Rome won the right of appeal, and therefore the story of Publicola's famous (if, historically uncertain) removal of the axes from his fasces in 509 B.C. militiae ab eo, qui imperabit, provocatio nee. Cicero also refers to legates and quaestors. Staveley does not include, Cic. resp. ble exceptions) ceased to be used after the Second Punic War.180 Like the dictatorship, the SCU was intended to solve emergency situations within the city by authorizing the, use of imperium within the pomerium.181 Sallust defines this as giving the magistrate, domi militiaeque imperium, a phrasing that certainly seems to support the existence of. When Theodor Mommsen wrote his tremendously influential Romisches Staats, recht, he began, therefore, with the assumption that imperium - which he held to be, the absolute power of the banished monarchy - was the highest power in Republican, government, and therefore conveyed supreme authority in both military leadership, and legal jurisdiction.11 Thus, even though he understood Roman government to have, been sharply divided into two spheres, the peacetime civil administration (domi) and, the wartime military command (militiae), Mommsen nonetheless argued that imperium, entitled its holder to exercise command in both spheres.12 Since the citizens' right of, appeal (provocatio) and tribunician intercession (intercessio) protected citizens from, summary beatings and execution within the pomerium, he reasoned that imperium must, have existed in two basic types: imperium militiae (the original unlimited power of the. Is ordo vitio vacato, caeteris specimen esto [italics mine]. Leg. Att. 61 For example, see: Lintott, Constitution (as in n. 18) 96-97, Schiller, Law (as in n. 17) 179, and H. Jolowicz and B. Nicholas, Historical Introduction to the Study of Roman Law (Cambridge 1972), 62 The exercise of jurisdiction was a primary task of the aediles and tresviri capitales, while tribunes, could not only impose fines and imprison private citizens, but even subject sitting magistrates to these, penalties. In Livy's account the tribunes themselves are not certain how, to respond, because their intervention against a dictator's imperium - an act that apparently had, never happened before - would establish an irreversible precedent. This imminent threat to the, city resulted in the enactment of martial law, under the aegis of which the use of imperium within, the city was authorized. For a recent survey of historians who have chal, lenged other aspects of Mommsen's arguments on imperium, see T. C. Brennan, The Praetorship in, 14 Perhaps most notable is Bleicken, Begriff(as in n. 1) 259-278, 294-295, who argued that auspicium, was the oldest and most fundamental source of magisterial authority, and that only later did imperium, become important as a source of civilian authority. 38-39 and Delphi C, 1.3. Famously, Caesar wanted, to stand for a second consulship in absentia in order to retain his imperium and thereby remain im, mune to prosecution (Suet. These specialized office assignments were to, be performed by the specific magistrate only who possessed jurisdiction, and by none other of an, equal or inferior category or rank." "Provocatio" (as in n. 141) 236-237 (and, Constitution [as in n. 18] 111-112) believes there may be grounds for questioning even the dictator's, initial immunity from provocatio and intercessio, since it was not unknown for a dictator to spare a. man who had appealed to the people (but see below n. 172). Romani nomen ac fasces, and 5.167 does not mention imperium. 3.52.2-3. 65 Cic. His enemies in the senate, however, sought to deny Caesar, this privilege and force him either to remain outside of Rome (and therefore take no further part in, Roman politics) or to lay down his imperium and become vulnerable to prosecution before standing, for election. Cicero openly rated the Twelve Tables as the finest of all law codes (de or. 3.10, Omnes magistratus auspicium iudiciumque habento. Max. Fam. 152 See Livy 26.21.1, 28.9.5, 31.47.7, 33.22.1, 34.39.5, 38.44.9-11, 39.4.2, 39.29.4, and Plut. Resp. pomerium descriptively (if somewhat inaccurately) as zpotestas maxuma.ni Of course, an SCU was not a law lifting the ban on imperium within the city, but rather the senate's, instruction to the consuls (or praetors) that they ignore the ban and bring their imperium, into the city on their own authority, along with the promise of senate's full support should, the magistrate later be held accountable for this infraction. At potestas par maiorve prohibessit perscripta servanto.’ ‘Is ordo vitio vacato ceteris specimen esto.’ ‘Creatio magistratuum iudicia populi iussa vetita cum cosciscentur suffragia optumatibus nota plebi libera sunto.’ ‘Ast quid erit quod extra magistratus coerari oesus sit qui coeret populus creato eique […] 159 For example, L. Bonfante Warren, "Roman Triumphs and Etruscan Kings: The Changing Face of, the Triumph", JRS 60 (1970) 49 suggested that the triumph was a purification ceremony intended, to remove the pollution incurred by the bloody power of imperium. agr. This story was memorable for the, unflinching action of the great Fabius, but it also provides strong evidence that the Ro. 187 Caesar (BC 1.7) indicates that the ultimate decree was intended to allow the consul to overwhelm all, possible sources of trouble within the city, including pernicious laws, tribunician violence, secessions. – Espressione lat. Non sim Talorum numero par Tessera. heart of the city (Cic. 157 Cic. 66 Cic. 192 While Livy celebrated men like L. Quinctius Cincinnatus, who resisted the allure of supreme power, and resigned the dictatorship a mere sixteen days into his office (3.26.7), he noted that some men, were less noble and used their power for personal ends. See also Polyb. 1.44). Access scientific knowledge from anywhere. 1.56). 137 A safer course was followed by Ti. 32, Lig. 22 Livy 23.11.10; Dig. (LEX AEMILIA 434 a.C.) CURSUS HONORUM - CONSOLATO 367 a.C. - PRETURA 367 a.C. (dal 242 a.C. 2) - EDILITA CURULE 367 a.C. - TRIBUNATO PLEBE 494 (471) a.C. - EDILITA PLEBEA 494 (471) a.C. - QUESTURA prima del 421 a.C. - VIGINTISEXVIRI (collegi ausiliari) CERTUS ORDO MAGISTRATUUM Plebiscito Genucio 342 a.C. Lex Villia annalis 180 a.C. PRINCIPIO BASE: PAR MAIORVE POTESTAS … See also Lintott, Con. POTESTAS. 72 See below for extraordinary uses of imperium within the pomerium. 9.1.4, Verr. 1.33 and 36, 2.74, NatD. 98, haec membra, quae tuenda principibus et vel capitis periculo defendenda sunt, reli. 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). Since all Roman magistrates were, defined and given power by theirpotestas, it is unnecessary to begin with the assumption, that imperium was ever necessary within the walls of Rome. From professional translators, enterprises, web pages and freely available translation repositories. 8.66; Hor. Il lavoro adduce alcune fonti [D. (Ulp. [by the SCU]...instead instructions are given for the exercise of imperium, which promise by im and to select more worthy men - and in fact, he and Marcellus were elected. Perhaps the most satisfactory. 3.6, 3.10, Man. citizens by virtue of their potestas consularis, but rather by virtue of their imperium. For this reason a bold, and highly influential man like Fabius might feel comfortable flexing his imperium to, manipulate elections, while almost two centuries later a more cautious man like Cicero, might hesitate to use his imperium to punish citizens without a trial. tors certainly knew that his imperium had expired with the completion of his triumph, they were nevertheless unwilling to tolerate even the suggestion that his triumph and, imperium extended into the senate house. Add a translation. Schafer, Insignia (as in n. 92) 209, argues for a broader meaning of the fasces as either insignia dignitatis or insignia imperii, but the, passages he cites do not demonstrate that the fasces represented imperium within the pomerium. acquire the necessary authorization from a vote of the people.153 If the people also refused, a commander could (by virtue of his unrestricted imperium) celebrate a triumph on the, Alban Mount a short distance from Rome, well outside the pomerium, without anyone's, permission.154 In all cases, applications for triumphs were carefully weighed, because the, celebration of a triumph permitted the commander to retain his imperium while leading. 13.13.4. After he reported this flaw to the senate, the two men who had been elected. to suppress the urban violence that, plagued Rome (MRR 2.234), and the senate instructed him to 'see that the state received no harm,', which was the traditional wording of the SCU (Cic. Some dictators were, also created in order to provide an additional senior magistrate when both consuls were detained in. But it was also a source of conflict over the roles and definitions of power. The fact, however, that Livy portrays Fabius as being, able to menace a fellow citizen - credibly and effectively - during an election suggests. 143 Cic. F/7. 2.2.3 (speaking of Ti. ii qui senatusconsultum facere vellent maiorve essent. Commanders could even be, stripped of their imperium if the people judged such action warranted, such as when Q. Servilius, Caepio, a proconsul in Gaul in 105 B.C., famously refused to cooperate with the consul Cn. In CIL 9.44, a man in Italy who was on multiple types of official boards was careful, to distinguish them from each other by the type of potestas he held in each: C(aius) Antonius M(arci), fiilius) Maec(ia) Achaicus IHIvir aed(ilicia) pot(estate) IHIvir iur(e) dicund(o) IHIvir quinq(uies). Rep. 1.60. Latin. Thus, while imperium was certainly a mighty power. The Sallust passage (Cat. It is questionable how far this procedure was applicable to civil jurisdiction. In fact, there is remarkably little evidence for the existence of an imperium domi, that was the fundamental basis for civil administration within the pomerium.15 The best, evidence perhaps comes from Sallust, who specifically refers to domi militiaeque im, perium, but, as I will demonstrate below, this passage actually disproves the existence, of imperium domi.16 If the slate is wiped clean of presuppositions and the question of, imperium looked at afresh, I believe we must accept that imperium, although commonly, used in a figurative or metaphorical manner, was (in the technical sense) strictly a mili. The weakness of, provocatio in the face of imperium suggests that the two were not originally intended, the second board attempted a coup that they symbolized by adding axes to their fasces within the, city. 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. Rep. 2.61, inita ratio est, ut et consules et tribuni plebis magistratu se abdicarent, atque ut de, cemviri maxima potestate sine provocatione crearentur, qui et summum imperium haberent et leges, 139 Livy 3.36.3-5 supports this view and points out that the imperium of the decemviri was not an issue. 156 Creticus waited at least three years (65-62 B.C.) Piirkel, Untersuchungen zum spdtrepublikanischen Notstandsrecht (Miinchen 1970). 146 Livy records that tribunes imprisoned both consuls in both 151 B.C. 3.2.3 (Appius sine lege curiata confirmat se Lentulo nostro successurum). vetoed or imprisoned the unpopular dictator had he been capable of so doing. On the other hand, Lintott. . This adaptability was a tremendous resource for the Romans since it enabled them to respond to new military challenges in effective ways. Sic. Two of Staveley's examples (Cic. 104 I find unconvincing the idea that a consul's imperium was 'dormant' when he did not hold the fasces, because this implies a serious imbalance that would seem to undermine and render useless the col, legiality that was a hallmark of Roman magistracies. Determined to protect the state, he used his imperium - apparently, unrestrained by provocatio - to squash opposition. Intercessor rei malae salutaris civis esto.' In fact the opposite is the case under the Republic: within, the area of the city the actions of magistrates were strictly subject to public law; normally they could, not command troops and had only a few civilian minions.". Akad. When this was bestowed upon the magistratus it was called imperium, provided that officer was a major [i.e. The pomerium was Rome's sacred boundary and, although not completely understood, by modern scholars, nevertheless played a critical role in her history and the history, of imperium. 6.12.3-4, where the duties of the consuls include carrying out the decrees of the senate and of the, people (further suggesting that their actions are to some degree dependent upon the decrees of the, senate and assemblies), and 6.12.5, where the consul's power as a military commander in the field is, nearly (axsSov) that of an avroKpdrcop (which again suggests that the dictator wields the absolute, power of imperium inside the pomerium - and thus is an avroKpdrcop in Rome - whereas the consul, wields imperium only in the field - and thus is an avroKpdrcop only in the field, or rather nearly an. Imperium, Potestas, and the Pomerium in the Roman Republic 425, therefore clearly established) levels of potestas.40 Cicero also wrote that the potestas, of magistrates was the foundation of the government,41 that potestas was frequently, described as the fundamental basis of magisterial authority,42 and that a magistrate in, Rome was conspicuous for the insignia potestatis that he possessed.43 He also refers to, potestas as the official quality that empowered a magistrate's action,44 and as a foun, dation of Roman society.45 Valerius Maximus and Aulus Gellius described the relative, power of consuls and praetors as a question of potestas maior and minor,*6 and Livy, referred to the collegiality of the consuls as par potestas.A1 Finally, potestas was also, the authority that enabled chief officials in colonies {duumviri and aediles) to undertake, their responsibilities,48 indicating that - on all levels - potestas was the recognizable, The primary importance of potestas to the definition of a magistrate is also dem, onstrated by the occasional bestowal upon one magistracy of the potestas of another, magistracy, such as when a duumvir or quattuorvir was given aedilician potestas,5?

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