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
Here the question now arises, were the censors authorized to exercise
their power also with regard to morals? were they allowed to strike
a bad man from the lists with a _nota censoria_? This I formerly
denied, except it were perhaps in cases of downright infamy; yet in
the newly discovered _excerpta_ from Dionysius of Halicarnassus, a
passage was found, which undeniably speaks of the right of the censor
to take cognisance of any moral turpitude which could not be reached
by the law; as for instance, heartlessness to parents, wives, or
children, harshness towards slaves or neighbours. In fact, Dionysius
in his time no more knew the censorship in its ancient state; yet he
certainly gives us reason to believe that when he describes it, he
rather sets before us the censorship of bygone times, than that of
his own, which was generally known. It is therefore probable that the
power of the censor had this great extent, the limits of which are
still to be traced from the existing materials. The censorship of
Gellius and Lentulus in Cicero’s days, was somewhat irregular.[111]
Whether at that period already some tribes were _minus honestæ_, and
others _honestiores_, cannot be decided. That afterwards the _tribus
urbanæ_, particularly the _Esquilina_, were looked down upon, while the
_Crustumina_ stood high, is certain; yet it would be silly to suppose
that this was also the case in the earlier ages.
The censors were at first elected for five years (a _lustrum_);
and thus, in the true spirit of its system, it seems to have been
the object of the decemviral legislation with regard to all the
magistrates, to apply cooling remedies against the political fever, as
elections always excite the passions most. Whether Mam. Æmilius really
limited the censorial power to eighteen months, and was therefore
branded by his successor with the _ignominia_; or whether this is an
account contained in the books of the censors, which refers an existing
law to one particular person, cannot be decided: certain it is, that
such books of the censors existed.
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