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''Potestas'' is a
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
word meaning power or faculty. It is an important concept in
Roman Law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
.


Origin of the concept

The idea of ''potestas'' originally referred to the power, through
coercion Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a des ...
, of a
Roman magistrate The Roman magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate.Abbott, 8 His power, in practice, was absolute. He was the chief priest, lawgiver, ...
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 (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
s and
praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...
s) are said to have ''
imperium In ancient Rome, ''imperium'' was a form of authority held by a citizen to control a military or governmental entity. It is distinct from '' auctoritas'' and '' potestas'', different and generally inferior types of power in the Roman Republic a ...
'', which is the ultimate form of ''potestas,'' and refers indeed to military power. ''Potestas'' strongly contrasts with the power of the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and the ''prudentes'', a common way to refer to Roman
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...
s. While the magistrates had ''potestas'', the ''prudentes'' exercised '' auctoritas''. 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'' and they had to inform each other.


Evolution of the concept in the Middle Ages

After the
fall of the Western Roman Empire The fall of the Western Roman Empire (also called the fall of the Roman Empire or the fall of Rome) was the loss of central political control in the Western Roman Empire, a process in which the Empire failed to enforce its rule, and its va ...
, most institutions of Roman public law fell into disuse, but much of Roman political theory remained. In a letter, '' Duo Sunt'',
Pope Gelasius I Pope Gelasius I was the bishop of Rome from 1 March 492 to his death on 19 November 496. Gelasius was a prolific author whose style placed him on the cusp between Late Antiquity and the Early Middle Ages.The title of his biography by Walter Ullma ...
argued that Christendom was ruled, in theory, by the priests and princes. The former had the spiritual authority, which was identified with auctoritas, while the latter had temporal power, identified with potestas. At first, the Pope crowned secular rulers after
Pope Stephen II Pope Stephen II ( la, Stephanus II; 714 – 26 April 757) was born a Roman aristocrat and member of the Orsini family. Stephen was the bishop of Rome from 26 March 752 to his death. Stephen II marks the historical delineation between the Byzan ...
crowned the Frankish king
Pepin the Short the Short (french: Pépin le Bref; – 24 September 768), also called the Younger (german: Pippin der Jüngere), was King of the Franks from 751 until his death in 768. He was the first Carolingian to become king. The younger was the son of ...
in January 754, and secular rulers often appointed local bishops and abbots, but after the
Investiture Controversy The Investiture Controversy, also called Investiture Contest (German: ''Investiturstreit''; ), was a conflict between the Church and the state in medieval Europe over the ability to choose and install bishops ( investiture) and abbots of mona ...
the Pope was instead chosen by the College of Cardinals and, at least in theory, approved episcopal nominations. As the effective power of the
Holy Roman Empire The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 unt ...
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. The concept of ''plena in re potesta'' was often used in 13th-century Europe, of ownership as being "in full power" to do what one likes with one's property. The use of the dogma was also used by Edward I. Although its ultimate use is ambiguous, it was used to give to parliament representatives the authority of making choices in parliament (full powers). This, in turn, helped Edward I coerce shire representatives to grant taxes.


Podestà

In some of the Italian
city states A city-state is an independent sovereign city which serves as the center of political, economic, and cultural life over its contiguous territory. They have existed in many parts of the world since the dawn of history, including cities such as ...
, the term "Potestas" describes the authority of a magistrate developed into "
Podestà Podestà (, English: Potestate, Podesta) was the name given to the holder of the highest civil office in the government of the cities of Central and Northern Italy during the Late Middle Ages. Sometimes, it meant the chief magistrate of a city ...
", which was the chief magistrate's title.


References


See also

* * * Roman law {{AncientRome-law-stub