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
the community; but it doubtless became the starting-point for the
institution of subordinate magistrates, which was afterwards developed
in so manifold ways.
In a similar way the decision in civil procedure was withdrawn from
the supreme magistracy, inasmuch as the right of the king to transfer
an individual process for decision to a deputy was converted into the
duty of the consul, after settling the legitimate title of the party
and the object of the suit, to refer the disposal of it to a private
man to be selected by him and furnished by him with instructions.
In like manner there was left to the consuls the important
administration of the state-treasure and of the state-archives;
nevertheless probably at once, or at least very early, there were
associated with them standing assistants in that duty, namely, those
quaestors who, doubtless, had in exercising this function absolutely
to obey them, but without whose previous knowledge and co-operation
the consuls could not act.
Where on the other hand such directions were not in existence, the
president of the community in the capital had personally to intervene;
as indeed, for example, at the introductory steps of a process he
could not under any circumstances let himself be represented by
deputy.
This double restriction of the consular right of delegation subsisted
for the government of the city, and primarily for the administration
of justice and of the state-chest. As commander-in-chief, on the
other hand, the consul retained the right of handing over all or any
of the duties devolving on him. This diversity in the treatment of
civil and military delegation explains why in the government of the
Roman community proper no delegated magisterial authority (-pro
magistrate-) was possible, nor were purely urban magistrates ever
represented by non-magistrates; and why, on the other hand, military
deputies (-pro consuls-, -pro praetore-, -pro quaestore-) were
excluded from all action within the community proper.
Nominating a Successor
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