Potestas
Encyclopedia
Potestas is a Latin
word meaning power or faculty. It is an important concept in Roman Law
.
, 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
s and praetor
s) are said to have imperium
, which is the ultimate form of potestas, and refers indeed to military power.
Potestas strongly contrasts with the power of the Senate
and the prudents, a common way to refer to Roman jurist
s. While the magistrates had potestas, the prudents 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.
, most institutions of Roman public law fell into disuse, but much of Roman political theory remained. During the early Middle Ages
the Christian world was ruled in theory by the Pope and the Holy Roman Emperor
. 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
the Pope was instead chosen by the College of Cardinals.
As the effective power of the Holy Roman Empire
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.
city states, the term "Potestas" describing the authority of a magistrate developed into "Podestà
", which was the chief magistrate's title.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
word meaning power or faculty. It is an important concept in Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
.
Origin of the concept
The idea of potestas originally referred to the power, through coercionCoercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
, 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 Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
s and praetor
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
s) are said to have imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
, 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, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
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 countries it has only historical and specialist usage...
s. While the magistrates had potestas, the prudents exercised 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 phenomenological philosophy in the twentieth century expanded the use of the word.In ancient Rome, 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
Res publica
Res publica is a Latin phrase, loosely meaning "public affair". It is the root of the word republic, and the word commonwealth has traditionally been used as a synonym for it; however 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 EmpireWestern Roman Empire
The Western Roman Empire was the western half of the Roman Empire after its division by Diocletian in 285; the other half of the Roman Empire was the Eastern Roman Empire, commonly referred to today 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
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
the Christian world was ruled in theory by the Pope and the Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...
. 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 the most significant conflict between Church and state in medieval Europe. In the 11th and 12th centuries, a series of Popes challenged the authority of European monarchies over control of appointments, or investitures, of church officials such...
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 realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
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 ItalianItaly
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
city states, the term "Potestas" describing the authority of a magistrate developed into "Podestà
Podestà
Podestà is the name given to certain high officials in many Italian 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.The term derives from the Latin word potestas, meaning power...
", which was the chief magistrate's title.