senate they conducted the discussions, and put the questions to the
vote, thus exercising the greatest influence upon all matters which
were brought before the senate either by themselves or by others.
When a decree was passed by the senate, the consuls were usually
commissioned to see that it was carried into effect; though there are
also instances of the consuls opposing a decree of the senate. 2.
The supreme command of the armies belonged to the consuls alone by
virtue of their imperium. Accordingly, when a war was decreed, they
were ordered by a senatus consultum to levy the troops, whose number
was determined by the senate, and they appointed most of the other
military officers. While at the head of their armies they had full
power of life and death over their soldiers, who, on their enrolment,
had to take an oath (_sacramentum_) to be faithful and obedient to
the commands of the consuls. When the consuls had entered upon their
office, the senate assigned them their provinces, that is, their
spheres of action, and the consuls either settled between themselves
which province each was to have, or, which was more common, they drew
lots. Usually one consul remained at Rome, while the other went out
at the head of the army: sometimes both left the city, and carried
on war in different quarters; and sometimes, when the danger was
very pressing, both consuls commanded the armies against one and
the same enemy. If it was deemed advisable, the imperium of one or
of both consuls was prolonged for the particular province in which
they were engaged, in which case they had the title of proconsuls
[PROCONSUL], and their successors either remained at Rome, or were
engaged in other quarters. During the latter period of the republic
the consuls remained at Rome during the time of their office, and
on its expiration they had a foreign province (in the real sense
of the word) assigned to them, where they undertook either the
peaceful administration, or carried on war against internal or
external enemies. While in their provinces, both the consuls and
proconsuls had the power of life and death over the provincials, for
they were looked upon there as the chief military commanders; and
the provincials, being _peregrini_, did not enjoy the privileges
of Roman citizens. 3. The supreme jurisdiction was part of the
consular imperium, and as such vested in the consuls so long as
there were no praetors. In civil cases they administered justice
to the patricians as well as plebeians, either acting themselves
as _judices_, or appointing others as _judices_ and _arbitri_. In
criminal cases there appears from early times to have been this
difference: that patricians charged with capital offences were tried
by the curies, while the plebeians came under the jurisdiction of
the consuls, whose power, however, was in this case rather limited,
partly by the intercession of the tribunes of the people, and partly
by the right of appeal (_provocatio_) from the sentence of the
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