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 consuls settled the distribution of _provinciae_ by agreement or
by lot,[908] the _sortitio_ becoming in time the more usual practice.
Occasionally the Senate ventured to suggest that one of the consuls
was better qualified for a special department, and in this case the
inevitable consent of his colleague enabled him to assume it _extra
sortem_.[909] But, as Rome’s activity extended, and the available
magistrates with _imperium_ increased, the important question came to
be, not who should have one of two departments, but which should be the
consular provinces. This power to nominate the provinces (_nominare
provincias_) had, by the close of the Hannibalic war, become the
undisputed prerogative of the Senate,[910] and one of its surest modes
of controlling the consuls. This _de facto_ power was formally recognised
by a law of the tribune C. Gracchus in 123 B.C., although it scarcely
required legal recognition, and the purport of the _lex Sempronia_ was
to weaken the discretionary power of the Senate by enacting that the
consular provinces should be fixed before the election of the consuls
who were to hold them.[911] At this period the consular departments were
almost invariably foreign commands; but, after the close of the social
war and the reforms of Sulla, they were held by their recipients as
proconsuls after their year of office at Rome had expired.
We do not know the exact tenor of the _lex Cornelia de provinciis
ordinandis_. Sulla did nothing to infringe the military _imperium_ of the
consuls; after as before his law it was legal for them to “approach any
province”;[912] but he devised some means of separating home from foreign
commands, which, by crystallising the established custom, restricted the
consuls and praetors to the civil government of Rome and Italy, and sent
them out after their year of office as proconsuls and propraetors to the
provinces. The powers conferred by the military _imperium_[913] were
thenceforth lost, and the consul at the close of the Republic had less
specific functions than any magistrate; even his criminal jurisdiction
had vanished before the establishment of the permanent courts. Yet still
the consul, who observed constitutional forms, was the chief interpreter
of the Senate’s will; while one who, like Caesar in 59 B.C., violated all
these forms, might exercise an almost monarchical power. The possession
of the consulship was the great annual prize, contested and almost
equally secured by the conservative and the reform parties from the time
of the Gracchi to the close of the Republic,[914] and the competition was
not wholly directed to secure the military _imperium_ which lay beyond
it. The civil office might still make a capable man, supported by a
powerful following, the guide of the destinies of the state.[915]
_The Praetors_
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