Augustus tribunicia potestas

[qselby]

I can find no legal precedent for granting Augustus tribunicia potestas in 23 BC. Yes, I know he gave up the consulship as part of the bargaining chip in the 2nd Settlement, but the Romans, always legally minded, had to have some precedent legally speaking for granting Augustus the powers of a people

[Primus Pilus]

I can find no legal precedent for granting Augustus tribunicia potestas in 23 BC. Yes, I know he gave up the consulship as part of the bargaining chip in the 2nd Settlement, but the Romans, always legally minded, had to have some precedent legally speaking for granting Augustus the powers of a people

[Ingsoc]

Rather than accept Tribunician power, Sulla simply stripped the tribunes of most of their legal power. Caesar either appointed supporters to the post, or simply used his power as dictator to depose those that were not in his favor. (see L. Caesetius Flavus and C. Epidius Marullus as examples). Truly there was no precedent for Augustus' tribunician authority, but since he was no longer consul, a precedent wasn't really necessary. Yes, it was a rather unique appointment (especially considering that he was a patrician) but notice that Augustus did not again hold the office of consul for another 18 years (until 5 BC) in order to maintain the facade of Republican government.

 

As I understand this the tribunicia potestas mean that Augustus didn't actually serve as tribune but had the powers of one without actually serving in this office.

[Primus Pilus]

Rather than accept Tribunician power, Sulla simply stripped the tribunes of most of their legal power. Caesar either appointed supporters to the post, or simply used his power as dictator to depose those that were not in his favor. (see L. Caesetius Flavus and C. Epidius Marullus as examples). Truly there was no precedent for Augustus' tribunician authority, but since he was no longer consul, a precedent wasn't really necessary. Yes, it was a rather unique appointment (especially considering that he was a patrician) but notice that Augustus did not again hold the office of consul for another 18 years (until 5 BC) in order to maintain the facade of Republican government.

 

As I understand this the tribunicia potestas mean that Augustus didn't actually serve as tribune but had the powers of one without actually serving in this office.

 

Agreed, I meant only to further illustrate just how unique this was.

[qselby]

That was the whole brilliant thing on his part. No office at all and he controlled the state!

 

I just wondered where that legal Roman mind came up with the precedent. Note how J. Caesar was accused of behaving more like a tribune when serving as consul. Everyone knew where the power rested. According to Scullard, the TP was given to Augustus to keep him in touch with the body politic. But that's Scollard's precedent, not the Romans of the time.

[Ingsoc]

That was the whole brilliant thing on his part. No office at all and he controlled the state!

 

I just wondered where that legal Roman mind came up with the precedent. Note how J. Caesar was accused of behaving more like a tribune when serving as consul. Everyone knew where the power rested. According to Scullard, the TP was given to Augustus to keep him in touch with the body politic. But that's Scollard's precedent, not the Romans of the time.

 

Augustus himself always try to show that in his powers ("potestas") he was equall to all but in his "auctoritas" (a term that mean prestige, moral authority, etc.) he was superior to all.

 

"After that time I took precedence of all in rank, but of power I possessed no more than those who were my colleagues in any magistracy." (Res Gestae Divi Augusti, 34.4)

 

He also try to give out the impression that the tribunicia potestas which he held was in accordence to republica traditions,

 

"when the Senate and the Roman people unanimously agreed that I should be elected overseer of laws and morals, without a colleague and with the fullest power, I refused to accept any power offered me which was contrary to the traditions of our ancestors. Those things which at that time the Senate wished me to administer I carried out by virtue of my tribunician power. And even in this office I five times received from the Senate a colleague at my own request." (Res Gestae Divi Augusti, 6)

[The Augusta]

Augustus himself always try to show that in his powers ("potestas") he was equall to all but in his "auctoritas" (a term that mean prestige, moral authority, etc.) he was superior to all.

 

Ingsoc has hit the nail on the head, here. Of course Augustus' trib. pot. was unique - that was the whole point. It had never been granted in this way before, hence his innovation. It is not a coincidence that his regnal years were numbered by the awarding of the tribunicia potestas. The tribuneship was nothing new - hence he could state in the Res Gestae that he accepted no office that did not have a precedent within the Republic. However, to award the power without the office/position was indeed very new. And let us not forget that the tribunician power carried with it sacrosanctity and inviolability of the Emperor's person. This sacrosanctity had been awarded as early as 35BC, not just to Augustus, but to Livia and Octavia too.

 

As you say qselby this was perhaps his most brilliant move. But we must not underestimate his other (proconsular) power, which the Senate allowed him to retain within the pomerium - yet another precedent. The tribunicia potestas and the maius imperium proconsulare were the twin pillars of the Principate. Although PP states above that he laid down the office of Consul, this meant little as the Senate and People bestowed on him - in a similar manner to the trib. pot. the powers of a proconsul within the pomerium. To put it crudely - he won hands down!

Edited January 14, 2008 by The Augusta

[Pompieus]

There was a long tradition in the republic of conferring the power of an office on an individual without the actual office. Imperium was the usual power conferred. This was how Scipio Africanus, who was too young to be consul, was given the command in Spain. The innovation was the use by Augustus of the powers of a tribune. The idea was, probably, to abandon the coercive powers of imperium and free up the consulship for other nobles while retaining the less threatening legislative power of a tribune -as well as the relatively benign power to intercede in defense of a citizen. Also by receiving the power without the office the problem of Augustus being a patrician was avoided.

Edited January 15, 2008 by Pompieus