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TEXT BASE - THE AEDILESHIP
SUMMARY OF RESEARCH
BY LUCIUS ARMINIUS FAUSTUS, TRIBUNUS PLEBIS
YEAR 2757 A. U. C.
PROLOGUE
In the name of Ceres and Diana, patronesses of the Aediles and the Plebis, and of Magna Mater also, most celebrated by all ordos. I also make my praiers to Concordia Publica and Minerva Sapientissima, puting this poor text under their blessings. I invoke Iove Indigete, Quirinus and Mars, and surely pray also for Father Ianus - by whom I start and by whom I finish.
I´ve decided to make a small and poor text, as a summary of many sources I´ve seen and inspired. People of the quirites, here in this text you will find many of the History sources and conclusions I´ve used to write the proposals of the Aedile´s Reform laws.
On the days ahead, the first set of laws about the subject will be present for the Comitia. We look foward on the next months present the other second part.
Nova Roma must attach itself to the MOS MAIORUM, the tradition of Ancient. So, much more than politics, we must attach ourselves to research, to propose laws that makes NR nearer the Mos Maiorum and Ancient Rome.
So, this text is a small explanation of the Aedileship on Ancient. When I was plebeian aedile last year I had the opportunity to discovery many interesting things about this SPETACULAR magistrature NR needs so much. And studing the unique origins of the aedilship, we understand better the way the roman magistrates acted, and grow our romanitas and knowledge.
I want also to most warmly thanks the following citizens: To A. Apollonius Cordus, L. Didius Geminius Sceptius, C. Emilia Finnica, L. Sicinius Drusus, G. Popilius Laenas, F. Apulus Caesar, D. Octavia Aventina, S. Fabia Vera Fausta, G. Octavius Noricus, T. Galerius Paulinus, G. Equitius Marinus, G. Flavia Tullia, G. Iulius Scaurus, H. Rutilius Bardulus, C. Curius Saturninus, S. Postumius Tubertus, G. Modius Athanasius, J. Sempronia Magna, M. Arminius Maior, G. Salix Astur, T. Arminius Genialis, M. Iulius Perusianus, C. Fabius Quintilianus, M. Octavius Germanicus, and many others which names I can´t remember now, but helped on gathering bibliography and supported the will of a Aedilitian Reform.
To all of them, my most sincere thanks.
Alea iacta est, see the text with piety and good-will, as I did it besides my lack of knowledge.
INDEX
1. The History of the Aediles
2. The Sacrosanct Solution
3. The Creation of the Curule Aediles
4. Aedile´s Cursum Honorum
5. The End of the Aedile´s Age
6. The Big Problem - Timeline
7. Imperium X Potestas
1) THE HISTORY OF THE AEDILES
'Aedes' means temple on latim. Do not make confusion with the word ´Templum´ e. g. the sacred place. Aedes means the building itself. Upper a Templum, an aedes may be built.
'Aedicula' means shrine, oratory, small temple like a chapel.
On the very beggining, even before the creation of the Tribunes and the pacification of Latium, on the begginings of Roman Republic, the Plebis gathered itself on Ceres´ Aedes.
The worshipp of Ceres, goddess of Agriculture, later merged with the greek eleusian Demeter, was deeply plebeian.
The Plebis gatherings didn´t obbeyed much conventions. The Plebis was outside of the patrician gentilic religio (except if attached to a patrian gens as a cliente) so it used to not have the religio necessities of the formal comitias (like the old Curiata or Centuriata).
The plebeians, having the Temple (Aedes) of Ceres as their main cult, used to gather there for the cerimonies... and discuss politics as well.
Few is know, and pratically there is no sources about, when some plebeians were encharged to keep the temple. As keepers of the Aedes, the name of them have become ´Aedilis´.
Problably none was thinking on a magistracy, with all powers and sacred obligations like consulship or praetorship, but nothing more than the head of ´a big plebeian sodalitas´ to keep the manteinance of the building. We have no information how these first aediles worked, neither how they changed office between them, neither if it was a couple, neither if them changed yearly. The Plebis had some of them to care of its Aedes. Were they the Ceres´ priests? I´ve never seen a source with a proof, besides it is a probable idea.
This happened before the creation of the Tribuneship. Probably, on the very stairs of Ceres´ Aedes, the plebeians shouting on their assembly decided to go to the Sacred Mount fleeing from patricians and conscription. Soon after, the Tribunes were created.
The formation of the Tribunes is mainly lost on the past also. The narratives we have are a bit legendary. We do not have the name of the first tribunes, however, common of roman historiograph, since even these time consulships were hard to be recovered even by roman historians.
Other sources appoint the origin of the Plebeian Aedilship at 494BC (Harry Thurston Peck, Harpers Dictionary of Classical Antiquities) at the same time of the tribuneship. However, I understand since the patricians had to recognize ´Tribunes´ to care the needs of the plebis, they had also to recognize these men that kept the Plebis´ Temples.
The own Harry cites that the Aediles were appointed by the Tribunes, until 471 when they were elected by the plebis. He says the aediles originally were ´servants´ of the Tribunes. This probably is correct depending on the way you understand. Since the Tribunes were the ´champions´ of the Plebis to protect from patricians magistrates, all Plebis urged to support them. Alas, the place were the Tribunes had to keep their ´files´ and ´headquarters´ were the Ceres´ Aedes. Serving Ceres´ Aedes was serving all Plebis, and the tribunes were the political leaders of it. But notice the short time, 494 to 471, of ´independence´ of the Aediles. It means the structures of choosing the aediles as well as the tribunes were been formed in parallel. Next on this text, we will discuss how roman government has given to the plebeian aediles functions outside the scope of their class.
Unfortunatly, for all roman magistracies on these initial times, there is a imense lack of information, even on the roman times. Sure the creation of ´plebeians magistracies´ were generations´ evolution, and the narrative of the Sacred Mount is - perhaps - just a beautiful legend.
On Livius III, 31 I´ve found a most interesting scope of judiciary function of the plebeian aediles. Happened on the consulship of Spurius Tarpeius and Aulus Aternius. The former consules were accused by the plebeian magistrates for bad management, by selling the spoils of the equii, after victory in the battle of Algido. The fomer consul Titus Romilius was accused by Tribune Caius Calvius Cicero and his colleague Caius Veturius by the plebeian aedile Lucius Alienus. They were condemned by the people to pay fines, for the great angryness of the patricians. Romilius paid 10000 asses, and Veturius 15000.
2) THE SACROSANCT SOLUTION
The Plebis wasn´t considered as roman people on the begginings. Even on the time of the Punic Wars, ancient invocations do separate roman people (patricians and his clientes) of plebeians.
"Ut ea mihi populo plebique romanae bene verrucent" - Livius XXIX,27
"Ut ea res mihi magistratuique meo, populo plebique romanae bene atque feliciter eveniat" - Cicero, Pro Murena
If fact, on the time of Cicero and Livius the Plebis already were part of the Populus, but the arcaic expression is a testimony.
The roman kings have given to the plebis the citizenship. Nevertheless, the ancient patricians never recognized this. The plebis were not ´roman people of the quirites´. The Plebis were the heterogeneous bunch of people that came to Rome after foundation, conquered population, bastard patrician sons, free slaves, refugees, fled italian bandits. They lived outside the Poemerium of Romulus´ city, on Aventine hill, without gods, lares, gentes, magistrates and leges.
The roman kings did approached Plebis, as an opposition to the strong patricians families, speacially the etruscan last kings. However, the Republican Coup d´Etat has brought the patricians to the power again. The patricians did not revoked the right of citizenship, but haven´t allowed plebeians to the magistracies. Since plebeians lacked of the gentilic religio of the lares, they were not able to perform the sacred duties of the magistrates and taking the auspices nedeed to the offices. (In fact, plebeian gentes were seen only on the three last centuries of Republic)
On other side, the plebeians never understood the gentilic religio of the patricians, and as their numbers and power grows, they desired to hold magistratures as well. However, on ancient world, a magistrature was never disattached of religio duties. Ancient men cannot imagine a power ´coming from man to a man´, but ´derived from the gods to a man´. So, ever magistrature was sacred.
It doesn´t mean the plebis were without religio. No, the religio feeling is a constant of mankind. The Plebis had their cults, as Diana, Ceres and public larariuns, but very different of the gentilic religio of the patrician lares, their shrines of the gentes and sacrifices of the curias. For the patricians, this was horrible, a created non-natural religio and a disrespect to the gods and the proper gentilic cult. For a patrician, couldn´t exist base of the society other than the traditional lares of the patrician families, gentes and curias, e.g. the ancient religio of the ancestors.
On greek world, the solution of this problem was the Tyrants. The Tyrants were men empowered by the plebis to govern in their name, without any sacred duty of the basileus (king). The Tyrants had popular support and usually used this power to opress the ancient gentilic nobility. However, a Tirany usually happened after social unrest and bloodly civil wars.
On roman world, after the episode of the Sacred Mount, the answer was the Tribuneship. As Coulanges says:
"The power of the Tribunes were not of the same authority of a magistrate, because it is not derived form the city religio. The Tribune didn´t lead a religio cerimony, elected without auspices, without necessity of gods´ agreement. The Tribune hasn´t curule chair, toga pretexta, purple, laurel crown, neither any symbol of veneration of the roman magistrates"
"Until then, men couldn´t have imagined authority without being a extension of the priesthood. So, when they had to entablish a power free from religio and non-priest chiefs, they had to imagine a unique substitute. On the day they created the first Tribunes, they realized a particular cerimony. The Historians didn´t describe the rites, but said the objetive was transform the first Tribunes on sacrosancts."
"The word sacrosanct applies to objects dedicated to the gods and men cannot touch. The dignity of a Tribune was not declared worthy and saint, but the own Tribune body, so the body wasn´t more profane, but an sacred object. Since then, no man could offend a Tribune without be guilt of sacrilege"
(Ancient City, book IV, chapter VII - I´ve translated from my portuguese version to english, and the original is in french. Sorry by the poorness of the version)
So, turning plebeians into sacrosanct bodies was the answer of the needs of plebeian magistrates. In fact, aediles and tribunes, on our view, are magistrates and we call them magistrates as well. But not on the beginnings! (However, on later republic their are called magistrates by extension, even by Cicero. However, this is after centuries of transformations and social unrest that allowed plebeians to all magistratures and priesthoods.)
There is sources that indicates the aediles as sacrosancts as well. It is logical for me. There was the only solution to accept their magistracy. Says the Oxford Classical Dictionary "The aediles originated as two subordinates of the tribunes of the plebs whose sacrosancity they shared. Their central function was to supervise the common temple (aedes) and cults of the plebs, those of Ceres and Diana on the Aventine." (previous on this text, I´ve discuted the concept of subordinates) I fell, however, since the aediles haven´t so many ´edge´ to be in conflict with the patrician magistrates like the Tribunes, this sacrosancity haven´t become so famous like their colleagues.
Says Harry specifically about the plebeian aediles: "it was their duty to make arrests at the bidding of the tribunes; to carry out the death-sentences which they passed, by hurling the criminal down from the Tarpeian Rock; to look after the importation of corn; to watch the traffic in the markets; and to organize and superintend the Plebeian and Roman Games. Like the tribunes, they could only be chosen from the body of the plebs, and wore no badge of office, not so much as the toga praetexta, even after they became an authority independent of the tribunes."
Perhaps, as the gentilic religio has become weaken and the patricians allowed plebeian to the curule magistratures, the own sacrosancity weren´t more respected. There were even cases of Tribunes beated and murdered.
On Livius III, 51 there is the description of a reform, on the consulship of Lucius Valerius and Marcus Horatius, about many important matters, as the power of the Plebiscites upon all romans. This happened after the revolt against the Denceviri, which government has become a practical tyranny. With the restoration of the consulship and tribuneship, a law was passed as well to grant inviolability to Tribunes and Plebeian Aediles. However, on the same text, Livius states that many roman jurists stated that this law only entablished capital punishment for atempts againts the plebeian ´magistrates´ not giving sacrosancity. According to them, the sacrosancity comes only by the ancient religio ritual on the starting of the Tribuneship, not by law. Anyway, the translator/comentarist of my portuguese version, Paulo Matos Peixoto, on a note to this text, coments this piece of text is of a special harder interpretation and obscure meaning.
On this consulship, started the use of giving the senatusconsultum to be kept by the plebeian aediles on Ceres´ Aedes. Well, if we imagine on Nova Roma the Senate acts must be reported by the Tribunes to people, and the aediles must help them with the files, our uses are not far from the ancient.
This is not only the reference of Livius to the plebian aediles. The Senate has encharged the plebeian aediles to keep the right roman rituals on the worshipp of the gods, against the invasion of foreign cults. On VI,4 after the destruction of Rome by the gauls, the Senate has encharged the plebeian aediles to oversee the rebuilding of the particular houses as they already did to public buildings.
3) THE CREATION OF THE CURULE AEDILES
It is hard to say how, but the ´Plebeian created´ Aediles were a sucess of the roman government. The very WHY the government decide to create another aediles is somewhat legendary as well.
We´ve seen before how on the consulship of Lucius Valerius and Marcus Horatius the plebeian aediles received the ´official´ responsability to keep the senatusconsultum.
The Curule aedilship started on 365 BC. Livius VII,1 tells this year there was two new magistracies, the praetoship and the curule aedilship. The patricians demmanded the curule aedilship for them, since on this very year was nominated a first plebeian consul, Lucius Sextius, plebeian, with the patrician Lucius Emilius Mamerco as colleague. The praetor was Spurius Furius Camilo, and the first curules aediles, Cneus Quincius Capitolinus and Publius Cornelius Scipio.
On the Livius VI, 42 (the chapter imediately before the VII, 1), the own historian tells what flared the creation of this new aedilship. After victories of the romans upon the gauls on Anius River, the Senate declared the celebration of the Ludi Maximi to praise the gods, and added one more day to the usually three. The plebeians aediles refused to hold the games. The patrician youth, on answer, asked the Senate and the Dictator Marcus Furius to be elected aediles, saying they would hold the games with much pleasure to thanks the gods.
This means the roman government and the patricians consules were in fact giving responsabilities and duties to the plebeian aediles, seeing them as part of the political body of Rome.
Curule means ´Now an aedile that really is a magistrate´ - Curule, like consules and praetores are curule magistrates as well. The curule magistrates had the sella curulis and the toga praetexta.
The Curule Aedilship is an answer of the roman patrician government for the ´appearance´of a new magistrate, the aedile... and worst, a magistrate that really is not a magistrate: Plebeian only, incapable of taking auspices, incapable to make the rituals the religio demands of the magistrates, elected by a Comitia Plebis gathered without the auspices, and probably poisoned by the plebeian unrest and ideology.
In the same year of the institution of the curule aedilship, the Tribunes started an unrest on the plebis. They thought be no fair that in exchange of a plebeian consul, the patricians created three curules magistrates for them. Livius tells the Senate was really forced to determine this aedilship only for the patricians and after decided that by two by two years a curule aedile should be plebeian. But as ever magistrature, the plebeians fighted as well to have free access to this one too. Has the access of the plebeians to the Curule Aedilship made empty the plebeian aedilship? I´ve nerver seen sources about this. As Rome grows, sure there was lots of games and buildings to ´the four majors´ keep.
But remains of fight of the classes still remained on the aedilships. The Megalesia Ludi, hold by the Curule Aediles on honour of Magna Mater, was a patrician sponsored worshipp, while the Cerealia Ludi, hold by the Plebeian Aediles, was the most traditional plebeian feast. Well, a quick look confirm us Cibele and Ceres were of the same ´function´ as nature/agrarian deities, besides Hesiodo cosmogony has made Ceres daughter of Cibele. While the mother kept the ´Wild Nature´, the daughter cared of the ´Cultivated Nature´.
Says Harry: "The functions of the two were very much alike, comprising: (a) the superintendence of trade in the market, where they had to test weights and measures and the quality of goods; to keep down the price of provisions, both by prohibitive measures especially against regraters of corn, and by the purchase and liberal distribution of food (cura annonae); and, as regards the money market, to prosecute those who transgressed the laws of usury; (b) the care of the streets and buildings within the city and the circuit of a mile outside, by cleansing, paving, and improving the streets, or stirring up those who were bound to do it; by seeing that the street traffic was unimpeded; by keeping in repair the temples, public buildings, and works, such as sewers and aqueducts, and seeing that these latter and the fire apparatus were in working order; (c) a superintendence of health and morals, including the inspection of baths, taverns, and brothels, and the putting-down of all that
endangered public order and decency, e. g. games of hazard, breaches of sumptuary laws, introduction of foreign religions, etc.; (d) the exhibition of games (of which the Roman and Megalensian devolved on the curule, the Plebeian on the plebeian aediles), the supervision of festivities at the feriae Latinae, and at games given by private men. The cost of the games given by themselves they defrayed partly out of a sum set apart by the State, but utterly inadequate to the large demands of later times; partly out of the proceeds of fines which were also spent on public buildings, and partly out of their own resources. "
Says Oxford: "The main duties of all aediles were the care for the fabric of the city and all that went on in it, including the streets of Rome, public order in cult practices, the water supply, and the market. In addition, they acted as protectors of the common people against the usurpation of public land, extortionate money-lending, rape, and insults to the plebs... the subsequent functions, however, of both sets of aediles can be chiefly explained as patronage of the urban plebs."
On other words, the aediles, making their ludi, overseeing the wheat, controling the market, streets and aqueducts, served roman population. Since urban plebis was 90-99% of Roma population on later republic, this text can be understood without much class conotation.
After the creation of the curules, the previous aediles were called plebeian aediles, by opposition. It is not an AEDILE FOR THE PLEBIS, but a AEDILE OF THE PLEBIS. The Plebeian Aedile do not act UPON the Plebis, but act UPON all the citizens, on the name of the plebis, eg, up to 90% of the population, as the same way the Plebiscitum made laws upon all romans .
The aediles become the keepers of the city. This remainds me a question of liguistics: On modern Portuguese Language, nowadays, I´ve seen discourses calling a city mayor (prefeito) as ´edil´ (aedile). Surely on poetic and rethoric language, but still a testimony of the ancient practices.
4) AEDILE´S CURSUM HONORUM
Really, the ancient cursum honorum is only quaestor, praetor and consul. In fact, the aedilship was a dead end on the cursum honorum. However, many former tribunes become plebeian aediles, as well many pretores have seek aedilship to political reasons. (Besides, as says Oxford, the curules were below praetores)
Say Harry: "Thus the aedileship became an expensive luxury, and its enjoyment less and less acessible to men of moderate means. Ambitious men often spent incredible sums in getting up games to win the people's favour, with a view to higher honours, though the aedileship was not necessary as a stepping-stone to these."
Famous aedile was Caesar, on his aedilship the games were elevated to a level Of expenses never seen. Caesar, like many others, have ambitioned the aedilship to please population and aim a consulship later. Besides the ´dead end´, the aedilship were the best magistrature to show himself to the Populi. The Scipio brothers have also used the aediship for their political agenda. Sulla only gathered praetorship after the aedilship, by popular pressure (Plutarch, the life of Sulla)
Surely the situation of NR is different. Since our needs are of fast cursus honorum and necessity of a ample harvest of capable people to fill higher magistratures, the aedilship is included on the cursus honorum. But if we see many NR consuls coming form the Curule Aedilship, the prestige of the aediles is really the same of Ancienty.
5) THE END OF THE AEDILES´ AGE
The Imperial times was the decline of the aedilship. Caesar created two more aediles, the Aediles Cerealis, to take care of the distribution of corn and wheat to the city. I´ve seen sources saying they were patricians, others says plebeians.
Says Harry : "Under the Empire the office of aedile lost much in importance by some of its functions being handed over to separate officers, especially by the transference of its jurisdiction and its control of games to the praetors; and it fell into such contempt that even Augustus had to make a tenure of it, or the tribuneship, a condition of eligibility to the praetorship; and succeeding emperors often had to fill it by compulsion. In the third century A.D. it seems to have died out altogether."
6) THE BIG PROBLEM - TIMELINE
We face a problem. Because in Nova Roma we are trying to merge all republican habits. And the roman Republica changed so much during its government.
Problably, because the aediles were not ´executive government´ like consules and Praetor, but carried a burden much more internal of daily city activities, we see few references to election of aediles. On Livius, perhaps only a dozen compared to hundreds of consules and praetores. The year´s aedilships are told only when hold by some later famous man.
We must notice we have the name of the first two curule aediles, but nothing about the first plebeians. The Plebeian Aediles developed themselves on a time before the curule aediles, a time mostly lost on the annals.
Our big problem is timeline. The ´golden age´ of the Plebeian Aedile was the early republic, the time of the first tribunes, early the etruscan-equi-volschi wars. These times were few documented, even for consulships. The great sucess of the curule aedilship was the middle-later republic. And on the Empire was the decadence of both.
It is hard to merge all ´peak´ duties of the aediles on a single novoroman experience. However, for the greater fullfilment of the mission of Nova Roma, we shall try on the best of our resources.
7) IMPERIUM X POTESTAS
Now it is time to explain a roman distinction that has cause many mistakes, even on Nova Roma. The difference between Imperium and Potestas.
All magistrates have potestas. Potestas is:
7.1) Ius coercendi minor (power to compel obedience using minor force)
7.2) Ius edicendi (power to issue edicts)
7.3) Partial iurisdictio (power to interpret the law)
7.4) Ius contionem habendi (power to hold a contio).
Imperium, in the urbs (because the provincial governors had it outside), only the dictator, consul and praetor have. Imperium is potestas plus:
7.5) Ius agendi cum populo (calling People to vote)
7.6) Ius agendi cum senatu (calling Senate to vote)
7.7) Ius triumphandi (right to receive and perform a Triumph Celebration)
7.8) Ius coercendi maior (power to compel obedience using maior force)
7.9) Full iurisdictio (power to interpret the law, on all ways)
The Curule Aediles don´t have Imperium, but have potestas like their colleagues plebeians. The Curule Aediles on Ancient Rome received also:
7.10) Ius Imaginum (the inclusion of the imago of the magistrate in the masks of his families ancestors)
Consulares and Senatores had also the Ius Imaginum.
Much people in NR makes confusion between the ius edicendi. Every magistrates has it, as part of the potestas. But issue edictas are not exclusive duty of the Imperium. And there is also degrees on Imperium also, the Imperium of the Dictator is greater than the consules, that are greater than the Praetores.
A Magistrature curul has the right to use the "sella curialis", the curule chair as used by consules and praetores, right of speaking in the Senate and the toga praetexta.
Tribunes have potestas and power to call Comitia to vote. Much Tribunes after their name writes TRP, Tribunicia Potestas.
And the honour? Yes, Curule Aediles had more honour than plebeian ones. The difference is deeply attached in the nature of the plebeian magistratures, that really aren´t magistrates, but sacrosanct bodies. Sure on later Republic this division has almost disappeared, as the ancient gentilic religio bounds weakened (you cannot agree on the sacrosanct solution to a plebeian hold a magistrature since the plebeians have already gathered many consulships and priesthoods).
So there was honour. Two aedilships have almost the same duties, one a prestigious curule traditional magistrature, another a old and sacrosanct in rights. As the two pair of aediles did the same, disappeared on the same age.
Quirites, here I finish this small research. I hope you undertand the historic needes behind the law proposal of the aedile´s reform. Keep this text with yourselves, to consult them.
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