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By R. Teschner

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B u t i t does n o t necessarily disprove a f o r m a l lex cur iat a c o n f i r m i n g the decree o f the Senate, such as the j u r i s t s recognize. T h e s u r v i v i n g enactment on the powers o f Vespasian m i g h t be expected to settle the p o i n t , b u t u n f o r t u n a t e l y o n l y the end o f this remains, wherein various specific privileges are enumerated. Hence some have denied t h a t the imperium was mentioned i n i t . D. and the e l i m i n a t i o n o f the Julio-Claudians, was a single inclusive act necessary to define more precisely w h a t previously had either been t a c i t l y assumed or o n l y g r a d u a l l y bestowed b y separate measures at various times.

H e m a i n tained t h a t he h a d n o t officially reported his v i c t o r y t o the Senate, w h i c h could n o t , therefore, officially r e w a r d him. A g a i n , i t m a y be presumed t h a t his abnegation set the precedent for f u t u r e sharers i n the imperium. Ornamenta, however, were freely bestowed u p o n successful generals d u r i n g this p e r i o d . 3 2 33 T H E USES OF T H E T I T L E IMPERATOR 53 I n conclusion, i t m a y be said t h a t the praenomen jmperatoris remained a d i s t i n c t i o n peculiar to Augustus in the official t i t u l a r y and p r o b a b l y n o t connected w i t h the imperium b u t w i t h his successful prosecution o f Rome's wars.

T h i s document, however, suggests one p o i n t . T h o u g h i n the t w e n t y - n i n t h line i t calls itself a lex rogata and ends w i t h a sanctiOy w h i c h was the n o r m a l close for a law, its phrases are couched i n the h o r t a t o r y f o r m of ut w i t h the subjunctive, appropriate to decrees of the Senate, and n o t i n the i m p e r a t i v e o f a law. T h i s implies t h a t the decree o f the Senate had s i m p l y been confirmed b y the f o r m a l comitia w i t h o u t even being r e w r i t t e n , j u s t as later the orationes o f the Emperors were cited for the decrees o f the Senate w h i c h they i n i t i a t e d .

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