The consulship arose with the fall of the ancient monarchy (see further
ROME: _History_, II. "The Republic"). The Roman reverence for the
abstract conception of the magistracy, as expressed in the imperium and
the auspicia, led to the preservation of the regal power weakened only
by external limitations. The two new officials who replaced the king
bore the titles of leaders (_praetores_) and of judges (_judices_; cf.
Cicero, _De legibus_, iii. 3. 8, "regio imperio duo sunto iique a
praeeundo judicando ... praetores judices ... appellamino"). But the new
fact of colleagueship caused a third title to prevail, that of
_consules_ or "partners," a word probably derived from _consalio_ on the
analogy of _praesul_ and _exul_ (Mommsen, _Staatsrecht_, ii. p. 77, n.
3). This first example of the collegiate principle assumed the form that
soon became familiar in the Roman commonwealth. Each of the pair of
magistrates could act up to the full powers of the imperium; but the
dissent of his colleague rendered his decision or his action null and
void. At the same time the principle of a merely annual tenure of office
was insisted on. The two magistrates at the close of their year of
office were bound to transmit their power to successors; and these
successors whom they nominated were obliged to seek the suffrages of the
people. The only body known to us as electing the consuls during the
republican period was the _comitia centuriata_ (see Comitia). The
consulate was originally confined to patricians. During the struggle for
higher office that was waged between the orders the office was suspended
on fifty-one occasions between the years 444 and 367 B.C. and replaced
by the military tribunate with consular power, to which plebeians were
eligible. The struggle was brought to an end by the Licinio-Sextian laws
of 367 B.C., which enacted that one consul must be a plebeian (see
Patricians).
Most of the internal history of Rome down to the beginning of the third
century B.C. consists in a series of attacks, whether intentional or
accidental, on the power of the executive. As the consuls are the sole
representatives of higher executive authority in early times, this
history is one of a progressive decline in the originally wide and
arbitrary powers of the office. Their right of summary criminal
jurisdiction was weakened by the successive laws of appeal
(_provocatio_); their capacity for interpreting the civil law at their
pleasure by the publication of the Twelve Tables and the Forms of
Action. The growth of the tribunate of the plebs hampered their activity
both as legislators and as judges. They surrendered the duties of
registration to the censors in 443 B.C., and the rights of civil
jurisdiction and control over the market and police to the praetor and
the curule aediles in 367 B.C.
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