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
In considering the functions of the consuls we must distinguish between
two periods of the history of the Republic. The first extends from their
institution to the year 81 B.C.; the second from this year, when the
reforms of Sulla introduced a change in their position which was felt
as long as consuls continued to exist. This change caused no alteration
in their powers, but only in the scope of their activity. During the
first period they are the heads of the whole state, and are found ruling
wherever Roman energy extends; during the second they are practically the
chief magistrates only of the city of Rome and of Italy.
The theory of colleagueship—that each individual member of a college
was vested with the fullest power of action subject to the veto of his
assessor—did not necessitate a united activity of the consuls in every
department of state. They divided their functions, sometimes before
their entry on office,[892] and in early times there are traces of the
fundamental division of competence expressed by the terms _domi_ and
_militiae_, one consul occasionally taking the field at the head of an
army, while the other remained at home to transact the business of civil
administration.[893] This arrangement, which divested colleagueship
of its meaning as a safeguard against the rule of a single man, was,
however, very unusual, and, as a rule, the consuls were present together
in Rome or undertook a joint command abroad. But joint activity in the
city—even after the duties of registration had been given to the censor
and those of civil justice to the praetor—was in some departments almost
impossible. It was obviated by a principle of rotation, which gave the
administration and the fasces for a single month to each consul in
turn,[894] the elder of the two being given the symbol of power first,
and the one who possessed it at the moment being described as _consul
major_.[895] This distinction never wholly vanished; for Caesar, we are
told, revived in his consulship (59 B.C.) an old custom by which the
lictors walked behind the consul who had not the fasces.[896] But long
before Caesar’s time positive co-operation between the consuls in the
city was common. They summoned the Senate together, and many consular
laws bear the names of two rogators. There remained, however, several
important acts which, while they, morally if not legally, demanded the
assent of both consuls, could yet be performed only by one. Such were the
election of magistrates and the nomination of a dictator. In these cases
the question as to which consul should act was often decided by agreement
(_comparatio_) or by lot (_sortitio_).
Public-domain text, read in full here on John Shaqi.
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