Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The two
consuls were at once military leaders, the sole administrators of the
higher civil and criminal jurisdiction, and the sole officials entrusted
with the duty of registering and distributing burdens over the citizens.
Such a combination of functions could not continue to exist with the
widening of Rome’s political horizon, and the first attempt was now made
at a division of the military, judicial, and registrative duties of the
supreme magistrate.
To effect this object, and at the same time to make a concession to
the Plebs, it was decided to replace the consulship by the office of
military tribune with consular power (_tribunus militum consulari
potestate_).[431] The change, permission for which may have been granted
by a special _lex_,[432] consisted in raising some of the ordinary
legionary delegates of the consul to a level with the commanding
officer and suppressing the latter.[433] These extraordinary officials
were elected at the _comitia centuriata_ under the presidency of one
of the chief magistrates, whether consul or consular tribune, for the
time being. The normal number, six, was no doubt suggested by the six
tribunes of the old _legio_ or army. But this full number was not always
appointed. The question how many military tribunes should be created
for a given year depended on the exigencies of the state. Sometimes
three were elected, sometimes four, at other times six, a number which
seems never to have been exceeded.[434] It rested formally with the
magistrate who guided the elections, practically perhaps with the Senate,
to determine how many of these officers should be appointed for any
given year. As military posts below the supreme command had long been
opened to the Plebs, it goes without saying that Plebeians were eligible
to the consular tribunate; their admission, in fact, had been one of
the motives of the change.[435] Yet the patrician element was almost
exclusively present in the earlier years of this magistracy, and to
the end of the office it largely preponderated. Even if we reject the
account that it was not until forty-five years after the institution of
the consular tribunate (400 B.C.) that a Plebeian was actually elected
to this post,[436] it is a significant fact that while purely patrician
colleges are found, there is no instance of one composed exclusively of
Plebeians. This fact may be simply a demonstration of the aristocratic
character of elective office, and shows that the masses preferred the
safety of the state to the advancement of their own order; for military
skill and experience, and even knowledge of law, were still chiefly to be
sought in the ranks of the _patres_.[437] Gradually, however, the Plebs
became familiarised with power and displayed greater trust in the leaders
of their own order. The year 400 does in any case mark a turning point in
the history of the office. After it we find more Plebeians elected; in
399 and 396 they form a majority of the college, and events were tending
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