The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
16. Any one who compares the consular Fasti before and after 412
will have no doubt as to the existence of the above-mentioned law
respecting re-election to the consulate; for, while before that year
a return to office, especially after three or four years, was a
common occurrence, afterwards intervals of ten years and more were
as frequent. Exceptions, however, occur in very great numbers,
particularly during the severe years of war 434-443. On the other
hand, the principle of not allowing a plurality of offices was
strictly adhered to. There is no certain instance of the combination
of two of the three ordinary curule (Liv. xxxix. 39, 4) offices (the
consulate, praetorship, and curule aedileship), but instances occur
of other combinations, such as of the curule aedileship and the office
of master of the horse (Liv. xxiii. 24, 30); of the praetorship
and censorship (Fast. Cap. a. 501); of the praetorship and the
dictatorship (Liv. viii. 12); of the consulate and the dictatorship
(Liv. viii. 12).
17. II. I. Senate
18. Hence despatches intended for the senate were addressed to
Consuls, Praetors, Tribunes of the Plebs, and Senate (Cicero, ad
Fam. xv. 2, et al.)
19. I. V. The Senate
20. II. I. Senate
21. II. III. Censorship
22. This prerogative and the similar ones with reference to the
equestrian and burgess-lists were perhaps not formally and legally
assigned to the censors, but were always practically implied in
their powers. It was the community, not the censor, that conferred
burgess-rights; but the person, to whom the latter in making up the
list of persons entitled to vote did not assign a place or assigned an
inferior one, did not lose his burgess-right, but could not exercise
the privileges of a burgess, or could only exercise them in the
inferior place, till the preparation of a new list. The same was the
case with the senate; the person omitted by the censor from his list
ceased to attend the senate, as long as the list in question remained
valid--unless the presiding magistrate should reject it and reinstate
the earlier list. Evidently therefore the important question in this
respect was not so much what was the legal liberty of the censors,
as how far their authority availed with those magistrates who had to
summon according to their lists. Hence it is easy to understand
how this prerogative gradually rose in importance, and how with the
increasing consolidation of the nobility such erasures assumed
virtually the form of judicial decisions and were virtually respected
as such. As to the adjustment of the senatorial list undoubtedly the
enactment of the Ovinian -plebiscitum- exercised a material share of
influence--that the censors should admit to the senate "the best men
out of all classes."
23. II. III. The Burgess-Body. Its Composition
24. II. III. Complete Opening Up of Magistracies and Priesthoods
25. II. III. Restrictions as to the Accumulation and the Reoccupation
of Offices
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