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Potestas

 

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Potestas



 
 
Potestas is a Latin
Latin

Latin is an Italic language, historically spoken in Latium and Ancient Rome. Through the Military history of the Roman Empire, Latin spread throughout the Mediterranean and a large part of Europe....
 word meaning power or faculty. It is an important concept in Roman Law
Roman law

Roman law is the law system of ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting Greek language as its official language in the 7th century....
.

idea of potestas originally referred to the power, through coercion
Coercion

Coercion is the practice of compelling a person or manipulating them to behave in an involuntary way by use of threats, intimidation, trickery, or some other form of pressure or force....
, of a Roman magistrate to promulgate edicts, give action to litigants, etc. This power, in Roman political and legal theory, is considered analogous in kind though lesser in degree to military power. The most important magistrates (such as consul
Consul

Consul was the highest elected office of the Roman Republic and an appointive office under the Roman Empire. The title was also used in other city states, and revived in modern states, notably French Republic before the Napoleon I of Franceic counter-revolution....
s and praetor
Praetor

Praetor was a Title#Titles_for_heads_of_state granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, either before it was mustered or more typically in the field, or an elected Magistratus assigned duties that varied depending on the historical period....
s) are said to have imperium
Imperium

Imperium in a broad sense translates as 'Power '. In ancient Rome the concept applied to people and meant something like 'power status' or 'authority' or could be used with a geographical connotation and meant something like 'territory'....
, which is the ultimate form of potestas, and refers indeed to military power.

Potestas strongly contrasts with the power of the Senate
Roman Senate

The Senate of the Roman Republic was a political institution in the ancient Roman Republic. According to the Greek historian Polybius, our principal source on the Constitution of the Roman Republic, the Roman Senate was the predominant branch of government....
 and the prudents, a common way to refer to Roman jurist
Jurist

A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth of Nations countries it has only historical and specialist usage....
s.






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Potestas is a Latin
Latin

Latin is an Italic language, historically spoken in Latium and Ancient Rome. Through the Military history of the Roman Empire, Latin spread throughout the Mediterranean and a large part of Europe....
 word meaning power or faculty. It is an important concept in Roman Law
Roman law

Roman law is the law system of ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting Greek language as its official language in the 7th century....
.

Origin of the concept

The idea of potestas originally referred to the power, through coercion
Coercion

Coercion is the practice of compelling a person or manipulating them to behave in an involuntary way by use of threats, intimidation, trickery, or some other form of pressure or force....
, of a Roman magistrate to promulgate edicts, give action to litigants, etc. This power, in Roman political and legal theory, is considered analogous in kind though lesser in degree to military power. The most important magistrates (such as consul
Consul

Consul was the highest elected office of the Roman Republic and an appointive office under the Roman Empire. The title was also used in other city states, and revived in modern states, notably French Republic before the Napoleon I of Franceic counter-revolution....
s and praetor
Praetor

Praetor was a Title#Titles_for_heads_of_state granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, either before it was mustered or more typically in the field, or an elected Magistratus assigned duties that varied depending on the historical period....
s) are said to have imperium
Imperium

Imperium in a broad sense translates as 'Power '. In ancient Rome the concept applied to people and meant something like 'power status' or 'authority' or could be used with a geographical connotation and meant something like 'territory'....
, which is the ultimate form of potestas, and refers indeed to military power.

Potestas strongly contrasts with the power of the Senate
Roman Senate

The Senate of the Roman Republic was a political institution in the ancient Roman Republic. According to the Greek historian Polybius, our principal source on the Constitution of the Roman Republic, the Roman Senate was the predominant branch of government....
 and the prudents, a common way to refer to Roman jurist
Jurist

A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth of Nations countries it has only historical and specialist usage....
s. While the magistrates had potestas, they had auctoritas
Auctoritas

Auctoritas is a Latin word and is the origin of English "authority." While historically its use in English was restricted to discussions of the political history of Rome, the beginning of Phenomenology philosophy in the twentieth century changed the use of the word substantially....
. It is said that auctoritas is a manifestation of socially recognized knowledge, while potestas is a manifestation of socially recognized power. In Roman political theory, both were necessary to guide the res publica
Res publica

Res publica is a Latin phrase, literally meaning "public issue" or "public matter". It is the origin of the word 'republic', though translations vary widely according to the context....
 and they had to inform each other.

Evolution of the concept in the Middle Ages

After the fall of the Western Roman Empire
Western Roman Empire

The Western Roman Empire refers to the western half of the Roman Empire, from its division by Diocletian in 285; the other half of the Roman Empire was the Eastern Roman Empire, today widely known as the Byzantine Empire....
, most institutions of Roman public law fell into disuse, but much of Roman political theory remained. During the early Middle Ages
Middle Ages

File:Karl 1 mit papst gelasius gregor1 sacramentar v karl d kahlen.jpgThe Middle Ages of European history are a period in history which lasted for roughly a millennium, commonly dated from the fall of the Roman Empire in the 5th century to the beginning of the Early Modern Period in the 16th century, marked by the division of Western Christi...
 the Christian world was ruled in theory by the Pope and the Holy Roman Emperor
Holy Roman Emperor

Image:HRR 14Jh.jpgThe Roman of the Emperor's title was a reflection of the translatio imperii principle that regarded the Holy Roman Emperors as the inheritors of the title of Emperor of the Western Roman Empire, a title left unclaimed in the West after the death of Julius Nepos in 480....
. The former had the spiritual power, which was identified with auctoritas, while the latter had temporal power, identified with potestas. At first, the Pope crowned the Emperor and the Emperor appointed the Pope, so they were in a situation of balance, but after the Investiture Controversy
Investiture Controversy

The Investiture Controversy or Investiture Contest was an 11th century dispute between Henry IV, Holy Roman Emperor and Pope Gregory VII over who would control appointments of church officials ....
 the Pope was instead chosen by the College of Cardinals.

As the effective power of the Holy Roman Empire
Holy Roman Empire

The Holy Roman Empire was a union of territories in Central Europe during the Middle Ages and the Early modern Europe under a Holy Roman Emperor....
 declined, kingdoms asserted their own independence. One way to do this was to claim that the king had, in his kingdom, the same power as the emperor in the empire, and so the king assumed the attributes of potestas.

Podestà


In some of the Italian
Italy

Italy , officially the Italian Republic , is a country located on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia....
 city states, the term "Potestas" describing the authority of a magistrate developed into "Podestà
Podestà

Podest? is the name given to certain high officials in many Italy cities, since the later Middle Ages, mainly as Chief magistrate of a city state , but also as a local administrator, the representative of the Emperor....
", which was the chief magistrate's title.

See also

Jurisprudence
Jurisprudence

Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions....
Edict
Edict

An edict is an announcement of a law, often associated with monarchy. The Pope and various micronational leaders are currently the only persons who still issue edicts....
Tribune
Tribune

Tribune was a title shared by 10 elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the exclusive right to propose legislation before it....