If we are left in ignorance of the historical connections of this
important event, we are fortunately in possession of clearer light as
to the nature of the change which was made in the constitution. The
royal power was by no means abolished, as is shown by the very fact
that, when a vacancy occurred afterwards as before, an "interim king"
(-interrex-) was nominated. The one life-king was simply replaced
by two year-kings, who called themselves generals (-praetores-),
or judges (-iudices-), or merely colleagues (consules).(3)
The principles of collegiate tenure and of annual duration are those
which distinguish the republic from the monarchy, and they first meet
us here.
Collegiate Arrangement
The collegiate principle, from which the third and subsequently most
current name of the annual kings was derived, assumed in their case an
altogether peculiar form. The supreme power was not entrusted to the
two magistrates conjointly, but each consul possessed and exercised it
for himself as fully and wholly as it had been possessed and exercised
by the king. This was carried so far that, instead of one of the two
colleagues undertaking perhaps the administration of justice, and
the other the command of the army, they both administered justice
simultaneously in the city just as they both set out together to
the army; in case of collision the matter was decided by a rotation
measured by months or days. A certain partition of functions withal,
at least in the supreme military command, might doubtless take place
from the outset--the one consul for example taking the field against
the Aequi, and the other against the Volsci--but it had in no wise
binding force, and each of the colleagues was legally at liberty to
interfere at any time in the province of the other. When, therefore,
supreme power confronted supreme power and the one colleague forbade
what the other enjoined, the consular commands neutralized each other.
This peculiarly Latin, if not peculiarly Roman, institution of
co-ordinate supreme authorities--which in the Roman commonwealth on
the whole approved itself as practicable, but to which it will be
difficult to find a parallel in any other considerable state
--manifestly sprang out of the endeavour to retain the regal power
in legally undiminished fulness. They were thus led not to break
up the royal office into parts or to transfer it from an individual
to a college, but simply to double it and thereby, if necessary,
to neutralize it through its own action.
Term of Office
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account