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
Custom had determined with equal care the method by which opinions should
be elicited from the unofficial and advising members of the house. The
question “what is your advice?” (_quid censes?_) was put by the president
to each senator in an order corresponding to his official rank. In the
days of the activity of the censorship, it was this magistracy which
had determined the president’s first selection; the censors had placed
at the head of their list the name of some distinguished man (often
himself an ex-censor), and it was this “chief of the Senate” (_princeps
senatus_) whose opinion was first sought. But, after Sulla’s reform in
the constitution of the order, there is, in spite of the occasional
revival of the censorship, no certain evidence of the perpetuation of
this dignity. Henceforth a body of _consulates_ holds the first place,
and from these the presiding magistrate—at least the consul who opens the
business of the house—chooses his first adviser, according to no settled
rules, but with due regard to seniority or personal distinction.[1313]
The only exception to this practice was to be found in the latter
half of the year, when the consuls elect, either in virtue of their
quasi-magisterial position or because they might themselves have to
carry out the decrees which were being discussed, took precedence of
the consulars.[1314] From the latter the question passed down through
the _praetorii_ to the men of aedilician or tribunician rank, and so
finally to the lowest grade of all—the ex-quaestors; and it is probable
that, in every grade, the rule of consulting a designated magistrate
before an ex-magistrate was observed. It is obvious that this procedure,
when rigidly adhered to, left the non-curule members of the Senate only
an infinitesimal chance of a share in the debate. These had always been
known as _pedarii_, in contradistinction to the _curules_; originally
nominees of the censors, they included after the time of Sulla the
former tribunes and plebeian aediles, and the members of quaestorian
rank. As they were rarely reached in the debate, they seldom had the
opportunity of expressing an opinion, and hence arose the erroneous
notion of some antiquarians that the _pedarii_ were given the right
of voting but not the power of debate.[1315] But restrictions of this
kind, arising from practice and not from law, were never pressed by the
Romans. The repute of a man who had not reached curule rank might exceed
that of all the other senators; the principle that would open the lips
of a Bibulus and close those of a Cato was recognised as mischievous in
certain emergencies, and it was the latter who as tribune elect—that is,
as a _pedarius_—moved the resolution which condemned the Catilinarian
conspirators to death.[1316]
Public-domain text, read in full here on John Shaqi.
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