Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
The senate now became a number of men chosen by the people, inasmuch as
the magistrates were granted the privilege of voting in the senate, and
the right of being elected into it on the publication of the new list;
a right which also extended to the quæstors. Now, when in the year 346
the quæstorship was thrown open to both orders, I see in this the first
occasion on which plebeians were admitted into the senate; and as from
henceforth eight quæstors were appointed every year, the arbitrary
sway of the censors must have been entirely put an end to. They might
indeed exclude the plebeians; but as the senate consisted of no more
than three hundred, and the censors, at the end of every _lustrum_,
always saw forty men before them who had a claim to be elected into the
senate, it is manifest that the senate could soon have become rather a
plebeian than a patrician assembly. The power of the censors therefore
declined in the course of time, like that of all the magistrates,
with the exception of the tribunes: at first, only a censor could
check the resolutions of his colleague; afterwards, the tribunes also
took upon themselves to interfere with the determinations of the
censors. It was formerly thought impossible that the censors should
have had such a power as was granted them by the Lex Ovinia, or it was
deemed detestable; yet they really had in the beginning an immense
discretionary power. But, as in after times it was no more the two
orders exclusively, but government and people who stood opposed against
each other, the people set limits to the government, and the censors
were also deprived of their arbitrary sway. To the patricians the
censorial power had no reference; nor, with the then existing notions
of the auspices, could any body become a patrician by adoption, though
indeed this was done in after times.
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