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
(1) The censorship was an irresponsible office.[1022] Its holders could
not be called to account for any act done in connexion with the _census_,
any act that was an outcome of the _censoria potestas_ ratified by
the _lex centuriata_; and although the _lectio senatus_ was a later
addition to their functions, this power seems to have been included in
the indemnity. This principle of immunity was stated in a decree of
the Senate of the year 204 B.C.,[1023] and, although often challenged
by the tribunes, was maintained until the close of the Republic. One
of the effects of the Clodian _plebiscitum_ of 58 B.C., which limited
the discretionary power of the censors in the _regimen morum_,[1024]
would have been to make them judicially responsible for a breach of its
provisions; but this law was soon repealed. The censors were also free
from the usual limitation created by the tribunician intercession; it
was clearly invalid against the particular _potestas_ exercised at the
_census_,[1025] although the _obnuntiatio_ could be employed against the
summons of the people to the _census_ and the _lustrum_, as against any
other _contio_.[1026]
(2) The limitation of tenure to eighteen months caused a break in the
continuity of the magistracy, and was a symbol that the office was
merely occasional. The censorial ordinances were valid for the whole
quinquennial period of the _lustrum_, but, whatever may have been the
original intention of the limitation of tenure, it was continued as an
effective guarantee against such enormous powers being exercised for a
continuous period of four or five years.[1027]
(3) Re-election to the censorship was forbidden, for a continuous moral
control exercised by the same men would have been intolerable.[1028]
(4) The collegiate principle operated here as in other offices, but
nowhere was the check of the veto more necessary and more healthy than in
its influence on the arbitrary moral judgments of the censors. Without
it the Senate might have been packed by a single man, and degradation
from the highest positions and on the scantiest evidence might have
been due to caprice, and followed by the unpopularity which divided
responsibility renders less intense.[1029] The collegiate relation
was, indeed, closer in this than in any other magistracy. Its holders
must be elected together, the name of the singly-appointed censor not
being returned;[1030] and, whether from grounds of convenience or from
a religious scruple, it was enacted that, if one post was vacated by
abdication or death, the holder of the other should resign.[1031]
Public-domain text, read in full here on John Shaqi.
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