The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
In increasing the number of praetors to eight[2587] Sulla provided that
during their year of office they were to remain in the city and devote
their whole time to the administration of justice. After the expiration
of their term they were to take upon themselves as propraetors the
command of provinces. In like manner the consuls were to remain in
Italy during their term, in the ordinary course of events to give their
entire attention to the affairs of peace; only after they had retired
from office were they expected as proconsuls to govern provinces. In
brief, Sulla by law established an absolute distinction between the civil
magistrate and the military promagistrate.[2588] The lex de provinciis
ordinandis[2589] recognized the right of the senate to determine which
provinces should be consular and which pretorian in the way provided for
by the Sempronian law on this subject.[2590] The Cornelian statute did
not, however, any more than the Sempronian, forbid the assignment of a
province to a promagistrate by popular vote; and it recognized the right
of the senate to create promagistracies.[2591] But it established the
rule (1) that the two consuls should receive for a year of promagisterial
imperium the provinces declared to be consular; and that they should
either agree as to which each should take or cast lots for them;[2592]
(2) that the senate should annually assign the eight retiring praetors
to the remaining provinces, also for a year of promagistracy.[2593] The
same law directed that the promagistrate, who had received the imperium
in legal form, should retain it till his return to the city and the
celebration of his triumph,[2594] provided he merited one. To avoid
conflicts between retiring and incoming governors it ordained that the
former should leave the province within thirty days after the latter had
entered it.[2595] The law further contained the definite regulation of
the supplies and honors granted the legati by the provincials.[2596] The
tendency of Sulla’s legislation thus far considered was to weaken the
civil functionaries (1) by restricting the tribunician initiative. (2)
by increasing the number of quaestors and praetors. (3) by depriving the
higher civil magistrates of the military imperium. The last-mentioned
loss was in some measure an advantage to the senate but in a far higher
degree to the promagistrates, who from this time began to overshadow the
republic.
Public-domain text, read in full here on John Shaqi.
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