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OIFT OF
JANE K.SATHER

A HISTORY and DE-
SCRIPTION of .ROMAN
POLITICAL INSTITUTIONS '

) •.

FRANK FROST ABBOTT

Kennedy Professor of Latin in Princeton University

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THIRD EDITION

GINN & COMPANY

BOSTON • NEW YORK • CHICAGO • LONDON

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Entered at Stationers' Hall

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GINN & COMPANY • PRO-
PRIETORS • BOSTON • U.S.A.

PREFACE

This book is intended to serve as an introduction to the
study of Roman political institutions for those who may
wish to carry on more extended investigations in that field,
and to give a reasonable acquaintance with the subject to
the student of Roman life and literature. It may be said
with truth that the art and literature of Rome never had a
distinctively national character. Both are hybrid products.
Her political institutions, however, are essentially her own,
and are, one niight almost say, the only characteristic prod-
uct of the Roman genius. We have tacitly recognized how
large a place they fill in Roman history, and how valuable
an inheritance they have been to modern civilization, but
strangely enough we have almost entirely neglected the
study of them in this country. This neglect seems the
more surprising since, from the disciplinary point of view,
perhaps no subject fiimishes a better training in practical
logic or gives us a clearer insight into the workings of the
average human mind. These facts have been mentioned,
not for the purpose of offering a plea for the study of
Roman political institutions, but rather in explanation of
the reasons which led to the writing of this book.

My aim has been to give a connected view of the devel-
opment of the constitution from the earliest times down

through the accession of Diocletian. Each one of the three

111

222S22

iv PREFACE

periods in its history, — the gi onarchic aL the republican,
and the imperia l, — is presented as a unit, and its institutions
are treated first on the historical, then on the descripli^e,
side. The historical treatment seemed to me necessary
because without it one cannot get a conception of the con-
stitution as an organic whole nor can one understand how
the relation of the several parts to one another determined
in large measure the development of each. On the other
hand, few students will get a complete view and a clear
idea of any one institution without a separate description
of it. The book is so arranged, however, that teachers who
wish to do so may use either the historical or the descrip-
tive part separately.

The brevity at which I have aimed has made it necessary
at times in discussing controverted questions to content
myself with stating what seemed to me the most probable
theory. It has possibly at other points led to the omission
of certain details whose presentation might modify the
reader's conception of the institution in question. If this
has given a dogmatic tone to any part of the work, I hope
that the defect has been corrected by the fact that refer-
ence has been made to the sources for almost every impor-
tant statement, and that modern literature has been freely
cited, so that the reader may form an independent judg-
ment or may acquaint himself with the views held by others
on the matter in question.

Of the works which I have found of service in the prepa-
ration of this book I would mention my great indebtedness

PREFACE V

to the treatises on the Roman constitution by Mommsen,
Madvig, Herzog, Willems, and Schiller, and to the general
histories of Niese, Schiller, and Pelham. A separate treat-
ment of the Roman judicial system did not fall within the
scope of this book as originally planned, but in response to
the request of teachers who were using the work a supple-
ment upon the^ Roman courts was added to it in the new
edition which was brought out three years ago.

For the new impression which is now being made the
two indices of the second edition have been combined and
materially enlarged, and to the bibliography at the end of
each chapter the titles of some of the most important books
which have appeared during the last nine years have been
added. I wish to express again my gratitude to Professor
F. G. Moore of Columbia University, to Professor Edward
Capps of this University, and to Professor E. A. Bechtel
of Tulane University, for the many valuable suggestions
which they made while the work in its original form was
passing through the press ; and to Professor Tenny Frank of
Bryn Mawr College, to Dr. J. D. Wolcott, and to Dr. W. K.
Clement for assistance in verifying the references. I hope
that, with the additions and improvements which have been
made, the book may deserve still more the friendly reception
which it has had in the two previous editions.

FRANK FROST ABBOTT
Princeton, December 7, 1910

CONTENTS

PART I — MONARCHICAL PERIOD

Section I — Historical
Chaptbr Page

I. Rome under the Kings i

Section n — Descriptive
II. Monarchical Institutions 12

PART II — REPUBLICAN PERIOD

Section I— Historical

III. The Patrician City 24

IV. The Struggle between the Orders .... 41
V. The Supremacy of the Nobilitas 63

VI. The Struggle between the Democracy and •««

THE Nobilitas 94

VII. The Period of Transition 129

Section n — Descriptive

VIII. The Attributes of Magistracy 150

IX. The Several Magistracies 175

X. The Senate 220

XI. The People 245

VIU CONTENTS

PART III — IMPERIAL PERIOD
Section I — Historical

Chapter

XII. The Establishment of the Empire . . . . 266

XIII. From Tiberius to Nero 289

XIV. The Flavian Emperors 305

XV. From Nerva to Septimius Severus 3^7

XVI. The Empire of the Third Century and the

Reforms of Diocletian 329 ^

Section n — Descriptive

XVII. .The Emperor < 341

XVIII. Imperial Officials 359

XIX. The Magistracies 374

XX. The Senate ' 381

XXI. The People 388 1'

t Supplement. The Roman Judicial System 400

Appendix I. Sententiae, Senatus Consulta, and other

Documents 4*3

Appendix II. Some Passages, dealing with Political

Institutions, found in Latin Writers . . 426

Index* 44^

ROMAN
POLITICAL INSTITUTIOI^S

Part I — Monarchical Period

SECTION I — HISTORICAL

CHAPTER I

ROME UNDER THE KINGS

I. The Gens. The_basis of political^ organization amon^
th e^early Romans was t he gens or clan. This unit of organ-
ization, which in one form or another is common to the
Indp-European peoples, retained many of its characteristics
and some nieasure of its social and political importance to
a very late period. Cicero describes the gentiles of his day*
or the members of a clan, as those who could trace their
lineage back to a common ancestor, who could claim that
their ancestors had all been freemen, and who wei^n pos-
session of their full rights. The civil and polii^B rights
of the individual came to him as a memb|afe^^^ family
belonging to a gensy and, since membership^Si a particular
gens was indicated by the possession of the nomen gen-
tiliciumy or clan name, the legal and social importance
which attached to the name is readily understood. In
fact, in the earliest period, even the right to use the land,

• *m •• • %• • • •

•• •• ••••■

KO]^ARQHICAL .PERIOD : HISTORICAL

••• • •• • ••• • . • • • ••• .

which was the property of the clan as a whole, was enjoyed
by the individual only by virtue of his membership in one
of those organizations. Attached to the various gentesy or
/^ to families belonging to the gentesy were hereditary depend-
ents called clientesy who enjoyed some of the privileges
of members of a clan, and in return therefor owed to theii
patronus such services as assisting in the payment of hii
ransom, if captured in time of war, and contributing to
his daughter's dower. The control of clan affairs rested
probably with the members of the clan, or with its repre-
sentatives. Had the organization been under the head-
ship of an individual, some traces of such a system would
be discernible in historic times.

2. Pagi and their Confederation. The simplest purely
political community was formed by the settlement of sev-
eral clans about an arx or fortified point. These com-
munities, called pagiy were, like the genteSy either purely
democratic, or controlled by the elders. The union of
"hill settlements" adjacent to one another for mutual
protection in trade intercourse naturally followed. Per-
haps several of these confederacies were formed in Latium,
but of course the confederacy of greatest hi^oric impor-
tance is the one having Alba Lon^a for its common point of
meeting. The choice of that town as the place at which,
even in historic times, the members. of the confederacy met
to offer a joint sacrifice to Jupiter Latiaris, shows plainly
enough that Alba Longa was originally at the head of the
league, but before the dawn of history Rome had suc-
ceeded her in the headship of at least this group of
communities.

3. The Founding of Rome. According to the pictur-
esque account which Roman writers have left us in prose
and verse of the founding of their native city, Rome was

ROME UNDER THE KINGS 3

an offshoot of Alba Longa, since Romulus and Remus were
grandsons of Numitor, the last of the line of Alban kings
who traced their lineage back to Ascanius, the son of
Aeneas. The tradition which traced the beginnings of
Rome to a descendant of Aeneas is only one of the many
accounts which sought to bring Rome into connection with
Greece. The stories of Evander, of Heracles, and of the
Pelasgi, as they are recounted, for instance, by Livy, illus-
trate the same tendency. Greek and Roman writers dated
the founding of the city all the way from 753 to 747 B.C.
The first mentioned date, which Varro adopted, is perhaps
the one most commonly accepted by the ancients. From
this time to the establishment of the republic, in 509 B.C.,
se ven kings reigned, by name Romulus, Numa Ponipilius,
TuUus Hostilius, Ancus Marcius, L. Tarquinius^ Priscus,
S ^rvius Tullius , and L. TaTg^uinms.Superhus*

4. The Regal Period. According to tradition, the first
king laid the political foundations for the city, by creating
the senate, and by dividing the people into curiae. He
also extended Roman power by successful wars. Numa
Pompilius is the antithesis, in many ways, of Romulus.
He organized priesthoods, established religious rites, and
sought to develop the religious life of the people. It was
the main purpose of Tullus Hostilius, as it had been that
of Romulus, to extend the material power of Rome. Ancus
Marcius, the fourth king, represents in a way the two types
in combination. The peaceful development of Rome was
furthered in his reign by the founding of Ostia and the
bridging of the Tiber, while her prestige in war was main-
tained with success. To L. Tarquinius, who was a Greek
by descent, but came to Rome from Tarquinii in Etruria,
many of the great public works of Rome, notably the
Circus and the Cloaca Maxima, were attributed. He

4 MONARCHICAL PERIOD: HISTORICAL

distinguished himself likewise in wars against the Latins and
Etruscans.

' After Romulus, Servius TuUius was regarded as the
great political organizer of the Romans. To him tradi-
tion ascribed the division of the people into classes and
centuries, the introduction of the tribus as a local unit of
organization, and the completion of the great encircling wall.
Tarquinius Superbus is the typical tyrant, and the outrage
of Lucretia by his son Sextus marked the climax of the
autocratic course pursued by his family, and led to the
overthrow of the monarchy.

5. Sources of the Traditional Account. As has been
stated already, the part which the Greeks played in the
creation and elaboration of the story of the founding of
Rome, and of its history under the kings, is discernible
at many points. More or less cleverly dovetailed into
these productions of the Greek fancy, or into the tales bor-
rowed from Greek history, are folklore stories, explanations
invented at a comparatively late date to account for the
existence of ancient monuments, of old customs and long-
established institutions, and some residuum of authentic
tradition. These are the main elements in the traditional
accounts set down, for instance, by Livy in the first book
of his history, and by Cicero in his de Re Publica, So
far as we know, a literary form was first given to the story
by Fabius Pictor in his history of the Punic wars in the
third century. Out of this account the finished produc-
tions of the late republic and early empire developed,
thanks to the additions and embellishments of successive
generations.

6. The Making of Rome. It would take us too far from
our purpose to analyze the traditional accounts of the early
history of Rome, and to separate from one another the

ROME UNDER THE KINGS S

constituent elements mentioned above. It is important for
us, however, to note certain parts of the story which can be
established with certainty, or with a high degree of proba-
bility. We can, for instance, rely upon the fact that the
original settlement out of which the city of Rome devel-
oped was made on the left bank of .the Tiber, about fifteen
miles from the mouth of the river. Some portions of the
wall of the old Palatine settlement are still in situ, and
from them the compass of the eariy city can T)e feiiriy
well determined. Independent settlements existed on the
QuirinaU-^fee'Esqiuiriier the Capitoline, and the Caelian.
also. These hills with the citadels upon them were places
of refuge also, in case of necessity, for the settlers upon
the adjacent plains, and at a very early date all these hill
settlements were fused into a single city. The territory of
this unified community was first extended, by conquest, to
the south of the city, and along the left bank of the
Tiber to its mouth.. Tradition is undoubtedly right in
dating expansion in this direction from the early part of
the regal period.

7. Its Population. The various traditions connected
with the founding of the city agree in stating that the
population of Rome was divided into t hree parts^ Accord-
ing to the commonly accepted form of the tradition, these
three parts, the R^ mnes, T ities^ and Luceres, were inde-
pendent elements of different origin, the Ramnes being
the original settlers of Roma quadrata, the Titles a Sabine
community, while the identity of the Luceres was a matter
of as great uncertainty to the ancients as it is to us to-day.
Some modem writers are inclined to accept this view of
the case. Others find in the division of the community
into three " tribes " only an instance of the adoption of a
system of political organization which was not unknown to

-V

6 MONARCHICAL PERIOD: HISTORICAL

Other Italian communities. The term tribus can of course
be urged in support of the latter view. The exact truth
in the matter will probably never be known. It may be
regarded as highly probable, however, that the original
Latin community was reinforced by a colony of Sabine
invaders, which in course of time was completely jfused
with the Palatine settlements into a harmonious political
organization.

8. Early Form of Government. We have already seen
reason to believe that the affairs of the clan were managed
by the members or by the elders, who represented it.
With the founding of the city a new and predominant
element was introduced into the political organization. The
clans which were fused into a single community agreed in
accepting a single political head, called a ^^^^who was to
hold his position for life, while the elders or p aire s o^ the
various gentes formed the king's council. To this body
the control of the state fell on the death ef the king.

9. Treatment of Conquered Peoples. The history of
Rome under the kings falls naturally into two epochs.
The second of these two periods covers the reigns of the
last three kings, and is characterized by the extension of
Rome's territory, by the development of the plebs and
their partial incorporation in the body politic, by the
appearance on the throne of kings of foreign birth, and
by the fact that the monarchy became hereditary/ The
ambitious policy of conquest which the Tarquins adopted
was attended with success, but it brought the Romans face
to face with difficult political questions of great importance.
What disposition should be made of conquered territory ?
What standing should conquered peoples have in the state ?
The first problem was solved in most cases by the perma-
nent occupation of a part of the newly acquired territory

ROME UNDER THE KINGS 7

the Romg g^ state as ^gy publicus^ and the assignment
;he rest to the conquered people with the right of use,
er certain conditions, but not of full ownership. A
ority^of those who lived in these subjujgated districts
bably accepted these conditions and remained upon the
I,, but some of them came to Rome and settled there.
I few cases the most prominent families among the new-
lers were admitted to the full rights of citizenship. This

perhaps the plan adopted in the case of Alba Longa.
ording to Livy's narrative, after the destruction of that
, its leading clans were admitted among the gentes,

their representatives were made patres. Such gener-

treatment of conquered peoples was, however, excep-
al. Ordinarily, if we except those who were brought
lome as slaves, newcomers, whether they came to the
after the conquest of their native land, or were attracted
t by the possibilities of gain which its growth held out,
med one of two positions in the community. |. They
er attached themselves as clientes (cf. p. 2) to the
esentatives of prominent Roman families and gained
ain rights and privileges through their /^/n?« Aor, while
itaining their personal freedom, they were thought of
earing to the king a relation similar to th5t which the
It bore to his patron.^ This second class of inhabitants

probably augmented b/ the gradual release of many
Qts from the performance of the duties which they
d to their patrons. In these two ways a new element
sloped in the community, which had no part in the
lagement of affairs, an element whose very name of
es indicated its lack of organization.
0. Plebeians enrolled in the Army. But this narrow
cy, which not only denied to a large part of the commu-
all political privileges, and civil rights in some measure.

8 MONARCHICAL PERIOD: HISTORICAL

but also exempted the same element from the necessity ((^
performing military service, was entirely out of harmonS
with the career of conquest on which the Roman stat<
had entered. The farther the limits of the Roman terri
tory were extended, the more pressing became the need
of more fighting men to hold in check the newly subduecj
peoples within its confines, and to ward off the attacks of!
enemies from without. The king, as chief executive of th^
state and commander-in-chief of the army, felt the necessity
first and most keenly, and tradition is undoubtedly right in!
stating that on one or two occasions he took the initiative,
with mpre or less success, in admitting some plebeians to
the rights of citizenship. The citizens were naturally loath
to lose part of their privileges by sharing them with others,
but the military necessities of the case forced them to make
certain concessions, and under the constitution which is
connected with the name of Servius Tullius the plebeians
as well as . the patricians, the meinFerr~6nHe old gentes^
were enrolled in the army. We cannot say with certainty
what concessions on the part of the patricians made the
plebeians willing to undergo the hardships and expense of
military service, and insured their loyalty to the state. It
would seem, however, to have been the concession of the
right to the full ownership of Igind, which had probably
been denied to them before. From this time on, the ple-
beians had a stake in the community, and it was to their
interest to maintain order within its Hmits and to protect it
from its enemies. This change in their position was of no
immediate political significance. They were still excluded
from any share in the management of the state, but the estab-
lishment of an organization, of which plebeians as well as
patricians were members, even though it was a body of a \
military character, had political possibilities for the future.

ROME UNDER THE KINGS 9

b\
• II. The Results of Rome's Narrow Policy. It may have

^en well for the ultimate development of Rome that the
Snembers of the old gentes adopted the narrow policy of
retaining all political power in their own hands. Had they
(followed the precedent which TuUus Hostilius seems to
jbave set in the case of Alba Longa, and admitted new
%entes on a par with the old ones, the narrow tribal basis
tof the state might have lasted for an indefinite time. Under
'the ungenerous policy which was adopted, the right to
control the internal and the foreign affairs of the state was
the hereditary privilege of a comparatively small body of
men. Over against them was a large and rapidly growing
element in the community whose intolerable position would
force it to break down the opposing barriers, and thus to
overthrow the tribal system on which the state was based.
In this connection it is significant that the new Servian
organization recognized the individual as an individual and
not solely as a member of a certain clan, and that the
members of the new body were classified on the basis of
their property and not of their family connections.

12. Etruscan Supremacy. It is very difficult to under-
stand the foreign relations of Rome during the reigns of
the last three kings, which we are now considering. Accord-
ing to tradition, the first of the three, Tarquinius Priscus,
during the reign of his predecessor, Ancus Marcius, came
to Rome from Tarquinii in Etruria, and on the death of
the king succeeded to the throne. It has been suspected
that under the guise of the Etruscan ancestry of Tarquin
the conquest of Rome by the Etruscans has been con-
cealed, and it is true that many changes attributed to the
Tarquins may be urged in support of this hypothesis, but
\ this conclusion is at least open to serious doubt. The
favorable location of the city and its rapid growth would

lO MONARCHICAL PERIOD: HISTORICAL

undoubtedly attract many strangers to the city. These
newcomers, as we have already observed, were in some
cases admitted to the full rights of citizenship, and it would
not have been an extremely difficult thing for one of these
naturalized citizens, if he were a leader of skill and ability,
to gain the throne. Such a leader the first of the Tarquins
seems to have been, and there is no sufficient reason for
refusing to accept the tradition of Tarquinius Priscus at
its feice value.

13. Political Changes. The form of government under-
went a noteworthy change under the Tarquins in the sub-
stitution of an h eredita ry for an elective monarchy, and
in the subordin ation of the s^iaifi- to the Tfjpg- The first
of these two changes is indicated plainly enough by the
kinship existing between the last three kings, and by the
passage of the scepter to Servius TulUus and to Tarquinius
Superbus without the observance of the interregnum. The
fact just mentioned illustrates also the autocratic attitude
which the reigning family assumed toward the senate. On
the death of the king under the old regime the auspicia
reverted to the senate, and that body, through representa-
tives chosen from its. own number, exercised the supreme
executive power. The assumption of power by Servius
TuUius and Tarquinius Superbus, neque populi iussu neque
auctoribus patribus (Liv. I. 49. 3), made a serious breach in
the theory that the senate was the ultimate depositary of
supreme power, gave a dangerous continuity to the king's
office and prevented the choice by the senate of a monarch
satisfactory to it.

The jealousy which the patricians felt at this usurpation
of power by the king led to the overthrow of the monarchy.
There are some indications of a rapprochement between the

ROME UNDER THE KINGS II

king and the plebeians, but the plebeians were exhausted
and embittered by long-continued service in the army and
by forced labor in the construction of public works, so that
they either did not come to the defense of Tarquinius
Superbus, or helped the patricians to overthrow him.

SECTION II — DESCRIPTIVE

CHAPTER II

MONARCHICAL INSTITUTIONS

14. Sources of Information. The same difficulties which
beset one's path in seeking to trace the course of political
events during the regal period bring to naught in some
respects every effort to gain a clear conception of the
political institutions of the epoch in question. Our knowl-
edge of these institutions is derived in the main from tra-
dition, from the explanatory statements of Latin writers,
and from an investigation of the political institutions of the
republican period. Some further light is thrown on early
institutions by an investigation of early laws, treaties, legal
and religious formulae, and by a study of the ftmdamental
meaning of the titles of the several offices, as in the case of
the quaestores parricidii.

Let us confine our attention for the present to the three
principal sources, noting at the outset some of the points
at which these sources must be used with caution. Many
of the descriptions which we find in Livy of the Roman
constitution under the kings owe their existence to a delib-
erate attempt at a later date to account for a political term
or usage or institution, which in course of time had lost its
original meaning. This same inventive tendency vitiates in
some measure the explanations made by the later antiqua-
rians, whose views are also more or less colored by their

MONARCHICAL INSTITUTIONS 1 3

knowledge of the form which an ancient institution had
taken in their own day. So, for instance, historians and
antiquarians of the first century b.c. may have been led by
their knowledge of the constitutional character of the con-
sulship to assume erroneously that certain corresponding
constitutional restrictions were put on the power of the
king. It is evident that in using the third source of infor-
mation, that is, in reconstructing the political institutions of
the regal period from our knowledge of the forms which
they had taken in republican times, we must make due
allowance for development or decay, and must not be
guilty of the same mistake which the Roman antiquarians
made. The way in which the nature of the interregnum is
determined illustrates the use which may be made of these
different sources of information. First of all, the tech-
nical term itself indicates the period elapsing between the
death, resignation, or dethronement of one king and the
accession of his successor. This general notion is ampli-
fied by the traditional account given in more or less detail
by Livy, Dionysius, and Gicero of the way in which the
affairs of state were conducted after the death of each one
of the first four kings; explanatory remarks on the insti-
tution have been made by the commentators Asconius and
Servius, and these three sources of information have been
supplemented by the contemporaneous accounts which
Cicero and other writers have left us' of the method of
procedure during the interregnums of 53 B.C.

15. The Senate as the Ultimate Source of Authority.
As we have already had occasion to notice (p. 2), in the
prehistoric tribal community the control of affairs was
largely, if not entirely, vested in the clan elders. On the
establishment of the monarchy, the supreme power was
transferred to a single individual, to be exercised by him

14 MONARCHICAL PERIOD: DESCRIPTIVE

during his lifetime. At his deatii the sovereignty naturally
reverted to the elders. This view of the situation Livy
has expressed, when, after mentioning the death of Tullus
Hostilius, he remarks (I. 32. i), res^ ut institutum iam inde
ab initio erat, ad patres rediit This view that the senate
was the ultimate source of authority was the aristocratic
theory of the constitution down to the end of the repub-
lican period, and was the cause of violent and protracted
struggles, first between patricians and plebeians, and later
between the nobilitas and the democracy.

16. Method of Selecting a King. The supreme execu-
tive power, which thus reverted to the senate, and in the
later republican period to the patrician senators, was exer-
cised by that body in a peculiar fashion. A member of
the senate, bearing the title of interrexy and chosen in a
way not entirely clear to us, assumed charge of affairs for
a period of five days. He nominated a second interrex,
and this system was continued until a king was selected.
The choice was made by the. interrex in harmony with
the wishes of the senate, and was submitted by him for
approval to the people assembled by curiae. The senate
then ratified the selection by passing the auctoritas patruniy
and the candidate was formally declared king by the inter-
rex. The ceremony ended when the newly elected king had
taken the auspices and had been vested with the imperium
by the lex curiata de imperio. The selection of a king
rested essentially with the senate. His election or con-
firmation by the people was a matter of form, although,
since the king was primarily the leader of the army, the
hearty support of the fighting men of the community was
a matter of great importance. Since the real selection of
the king was made by the senate through one of its own
number, the auctoritas patrum had a formal significance

MONARCHICAL INSTITUTIONS 1 5

only, although it was a safeguard which might take on a
real meaning in the case of a usurper or a headstrong
interrex. The passage of the lex de imperiOy which is not
properly a part of the ceremony attending the choice, and
the inauguration of the king, were also matters of form in
so fer as the choice of the king was concerned, since the
refusal of the curiae to pass the measure is inconceivable.
17. Powers of the King. Sallust characterizes the power
of the king as an imperium legitimum. This can mean little
more than that the king was to observe the mos maiorum.
So, for instance, he was expected, although not required,
to consult the senate on important matters. This general
limitation on the power of the king found definite expres-
sion, perhaps, in the lex de imperiOy which was probably in
the nature of a contract, on the part of the people to
render obedience, on the part of the king to observe the
practices of the forefethers. Except for the limitations
just mentioned, the king was a supreme ruler, — the chief
executive, the chief priest, the lawgiver, and the judge of
the state. After war had been declared he had sole power
to levy and organize troops, to choose leaders, and to coti-
duct the campaign. The property of the state was under
his control, and he was authorized to dispose of conquered
territory and to take charge of public works. He was the
official representative of the community in its relations with
the gods, as well as in its dealings with other communities.
Changes of a permanent or far-reaching character, how-
ever, such as the introduction of new deities, could only
be made with the consent of the priests. It would be
unwarrantable to import modem notions into our conception
of the king's position and to speak of him as legislating for
the people, but undoubtedly he formulated and executed
such measures as he thought essential to the community.

l6 MONARCHICAL PERIOD: DESCRIPTIVE

except that matters affecting primarily the gentes^ and
a declaration of war, must be referred to the people.
The adjudication of all civil and criminal cases was natu-
rally within the scope of his power. It is quite possible
that in civil cases, in some instances, the king may have
adopted the practice, which the praetor uniformly observed
under the republic, of conducting the case in its prelim-
inary stages (in iure), and then of referring it to a iudex
for settlement. Probably criminal cases involving the ques-
tion of life and death could, with the consent of the king,
be appealed to the people for trial.

i8. Assistants and Insignia of the King. In the absence
of the king from the city, the duties of the office were per-
formed by a substitute, called the praefectus urbi. The
other political officials of the regal commonwealth were
two quaestores parricidi, or detective officers, the duum-
viri per duellionisj who assisted the king in cases of treason,
and the tribunus celerum, who commanded the cavalry.
These officials were all chosen by the king, and the power
which they exercised was delegated to them by him. In
time of war the king wore the trabea, a purple cloak, in
time of peace a purple toga. His seat on formal occasions
was the solium. He was attended by twelve lictors.

19. The Senate. In organizing the primitive Roman
senate a representative was chosen from each clan. As
the number of clans in the community increased, the num-
ber of members in the senate increased correspondingly,
until three hundred was fixed as a maximum. This num-
ber, on which the various traditions agree, gives a repre-
sentation of one hundred for each tribus and ten for each
one of the curiae. The choice of senators was made by
the king, but in accordance with principles handed down
by tradition. The title patres may be a mere term of

MONARCHICAL INSTITUTIONS 1/

honor, but probably a minimum age limit was fixed for
membership in the body. The functions of the senate may
be considered firom three points of view, viz., as an organ-
ization vested under certain circumstances with supreme
power, as a legislative body coordinate with the people
assembled in the curiae, and as the council of the king.
We have already noticed the fact (p. 14) that on the
death of the king the control of the state reverted to the
senate. The fact has also been noted (p. 14) that matters
on which the popular assembly acted came before the
senate for approval or rejection. Custom made it incum-
bent on the king to seek the advice of the senate in impor-
tant matters, but it was left for him to decide whether to
bring a subject before the senate or not, and he was free
to adopt or reject its advice, as he saw fit. This theory
of the relations existing between the senate and the chief
executive was maintained down through the republican
period even, although in practice the consul rarely foiled to
follow the instructions of the senate. The senate could meet
only when called together by the king, and its meetings were
held in a templum, or place consecrated by an augur.

20. Patricii, Clientes, Plebeii. There were three princi-
pal classes in the community, — patricians, clients, and ple-
beians. The patricians were legitimate sons in families
belonging to the gentes recognized by the state. Patri-
cians alone had civitas optima iure, i.e., the fiiU rights of »
citizenship. This included, besides personal freedom, ius \
commercii, the right to hold and exchange property and be
protected in its possession ; ius conubii, the right to inter-
marry with other members of the gentes , and ius gentilitatisy
the right to a share in the worship of the clan. The main
political privileges enjoyed by the patricians were ius suf~
fragiiy the right to vote, and ius honorutn, the right to hold ;

1 8 MONARCHICAL PERIOD : DESCRIPTIVE

office. The dientes were strangers who had come to Rome
to better their condition, or the former inhabitants of con-
quered territory, or freedmen. Not being members of any
one of the recognized gentes, they gained certain privileges
by attaching themselves to the head of a femily belonging
to a gens. Their protector was known as a patronusy who
represented them before the law. They did not have the
full right to own land, but were allowed to hold it on
condition of giving a part of the return from it to their
patronus. Clients, who were artisans, similarly gave to him
a part of the profits of their labor. The relation existing
between a cliens and his patronus was an hereditary one.
The origin of the plebeians and the relation which they
bore to the dientes is somewhat obscure, but they were
probably strangers who settled in Rome with the king as
their patronus^ or dientes whose relation of dependence
was brought to an end with the consent of their patronus^
or through the disappearance of the family to which they
were attached. In return for the service which they ren-
dered in the army the Servian reform granted them ius
cotnmerdi. They had the right to marry within their own
class, but they were not allowed to marry patricians.

21. The Curiae. The fundamental unit in the division
of the people for political purposes in the primitive state
was the curiay whose organization resembled that of the
family in that it had common religious rites, common festi-
vals, and a common hearth. The thirty curiae included not
only the patricians but also the dientes ^ — and probably the
plebeians, — although the plebeians and clients had no
vote. The curiae constituted the populus Romanus Quiri-
tiuntf and the comitia curiata, the organization based on
them, was the only popular assembly of a political or
semi-political character during the regal period.

MONARCHICAL INSTITUTIONS 1 9 \

22. The Comitia Curiata. Only the king or inierrex had
the right to call together the people and lay matters before
them for consideration (agere cum populo). The usual place
of meeting was the comitium. In all probabiUty the will of
the people could ordinarily be indicated well enough by
informal signs of approval or disapproval on the part of the
multitude, but the systematic division of the people indi-
cates that from the outset, on certain matters at least, a
definite system of voting was adopted, perhaps by acclama-
tion, within the separate curiae, A majority of the curiae
determined the vote of the whole asserftbly. Stated meet-
ings of the comitia curiata were held on the Kalends and
Nones of the month to hear announcements with refer-
ence to the calendar, and on two fixed dates in the spring, '
primarily to witness wills. Other meetings were . held as
occasion might require. The matters which came before
this assembly may be roughly classified under four heads.
The people might be called together to elect a king, to
hear an appeal, to listen to announcements, or to vote on
rogationes or propositions. The first two points have been
discussed elsewhere (pp. 14, 16). The announcements
which the people were called together to hear were those
made at the stated meetings mentioned above. It would be
an anachronism to speak of the legislation of the period,
but in matters of great importance the king asked for the
approval of the people assembled in the comitia, and on
occasion of assuming the imperium (see pp. 14 f.) or declar-
ing an offensive war the consent of the people was neces-
sary. Questions concerning the gentes were those most
fi'equently brought before the comitia curiata. These were
mainly : adlectiOy the admission of a new gens into a curia ;
restitutio^ the restoration of citizenship \ adrogatio, the reduc-
tion of a pater familias to a dependent position in another

20 MONARCHICAL PERIOD: DESCRIPTIVE

femily, and deiestatio sacrorum, release from the clan sacra.
Under the republic matters affecting the ' clans became the
main business of this body.

23. The Servian Reorganization of the Army. Under the
early monarchy the prehistoric division of the people into
three tribes served as a basis for the levy of troops ; but,
since the plebeians were not included in these three tribes,
the state lost the uise of a large number of able-bodied men,
and there was no way in which they could very well be
included in a system based, as the old one seems to have
been, on kinship and vicinage. This state of things led to
the giving up of the old basis of organization, and to the
substitution in its stead of the pro]

cation. Under the Servian relorm all freemen who had a
"certain amount of landed property were enrolled in the
army without regard to their membership in a clan. The
enrollment was apparently based on the possession of landed
property, and comprised all those who had two acres or
more of land. The possession of twenty^acres admitted
one to the first class, fifteen acres to the second, ten acres
to the third, five acres to the fourth, and two acres to the
fifth. The classes were divided into centuries, that is, into
subdivisions, whicH at the outset perhaps actually contained
one hundred men, but in course of time the term can have
scarcely indicated a fixed number. •• The iunioresy those
between seventeen and forty-six years of age, were drafted
for service in the field ; the senioreSy men from forty-six to
sixty years of age, were expected to perform garrison duty
only. Each class contained an equal number of centuries
of seniores and iuniores. Those enrolled in the five classes
served as infantry. Cavalry service was rendered by
eighteen centuries made up of the richest men in the
community. There were also two centuries of sappers

MONARCHICAL INSTITUTIONS

ind two of buglers, and at the outset, or somewhat later,
me century oi proletariu

The probable details of the organizaticJn may be seen
rom the following table :

Landed property

Centuries,

in acres.

Equites . . .

( 20 )

\ (100,000 asses) )

1st class . . .

\. "° .\

seniores

' • •

(^ (100,000 asses) >

iuniores

2d " . . .

' \ '^ \

seniores

I (7S*oooasses) >

iuniores

3d «...

10 )
( (50,000 asses) )

seniores
iuniores

10
10

4th "...

\ 5 I

1 / \ 1

seniores

( (25,000 asses) )

iuniores

5th "...

\ " \

( (10,000 asses) )

seniores

• •

tumores

Fabri . . . .

Cornicines .

Proletarii (?) .

^k A ^^A^^%>V^& &A • •

Total 193

The citizens were reclassified at regular intervals, and, for
convenience in classification, the city was divided terri-
torially into four tribus^ called respectively Palatina, Subu-
rana, Collina, and Esquilina. Membership in a tribus was
hereditary.

This entire organization of the people by tribes, classes,
and centuries was for military purposes only, and the
comitia centuriata based upon it had no political functions
during the regal period.

22 MONARCHICAL PERIOD: DESCRIPTIVE

Special Bibliography

Traditional accounts of the regal period : Livy, Bk. I ; Dionysius,
Bks. I-I V ; Cic. de Re Publ. II. 4-46 ; Plutarch, Lives of Romulus
and Numa ; H. Peter, Veterum historicorum Romanorum relliquiae,
Vol. I, Leipzig, 1870. — Discussion of the sources : C. Peter, Zur Kritik
d. Quellen d. alteren rom. Geschichte, Halle, 1879 » Schafer-Nissen,
Abriss d. Quellen kunde d. griech. u. rom. Geschichte, 2te Abt., 2te
Aufl., Leipzig, 1885 ; Wachsmuth, Einleitung in das Studium d. alten
Geschichte, Leipzig, 1895 ; Soltau, Livius* Geschichtswerk, Leipzig,
1897. — Credibility: Schwegler-Baur, Rom. Geschichte, Tiibingen,
1853-8 (Fortsetzung, Clason, 1873-6) ; Seeley, Livy, Bk. I^, Oxford,
188 1 ; Ihne, Early Rome, 8th ed.. New York, 1895. — The king : Cuno,
Vorgeschichte Roms, Vol. I, Leipzig, 1878 ; Vol. II, Graudenz, 1888 ;
L. Lange, Das rom. Konigtum, Leipzig, 188 1 ; H. Jordan, Die Konige
im alten Italien, Berlin, 1887. — The senate: Mommsen, Rom. For-
schungen, I, 250-268, 2*« Aufl., Berlin, 1864; Fr. Hofmann, Der
rom. Senat zur Zeit der Republik, 1847 ; Bloch, Les origines du s^nat
romain, Paris, 1883. — The people, curiae, centuriae, etc. : Em. Hoff-
mann, Die patriz. u. pleb. Kurien, Vienna, 1879 > Pelham, The Roman
Curiae (in Joum. of Philol., IX. 266-279) ; Mommsen, Die rom.
Tribus, Altona, 1844; Kubitschek, de Rom. trib. origine ac propa-
gatione, Vienna, 1882 ; Soltau, Ueber Entstehung u. Zusammen-
setzung d. altrom. Volksversammlungen, Berlin, 1880 ; Genz, Das
patrizische Rom, Berlin, 1878 ; M. Zoeller, Latium u. Rom, Leipzig,
1878.

General Bibliography ^

(The Monarchy and the Republic)

Th. Mommsen, History of Rome, 5 vols. (Eng. trans.). New York,

1894.
W. Ihne, History of Rome, 4 vols. (Eng. trans.). London, 1871-82.

^ Collections of inscriptions, like the Corpus Inscriptionum Latinarum, of docu-
ments, like that of Bruns, and treatises on coins, such as Eckhel's Doctrina Numo-
rum Veterum, may be consulted to advantage, but do not fall within the scope of
this list. Valuable lists of articles on various periods of Roman history, wliich have
appeared during the last fifteen years, may be found in the Jahresbericht Uber die
Fortschritte der classischen Altertkumswissensckafiy Bd. xlviii (1886), pp. 211-314;
Bd. Ivi (1888), pp. 1-30; Bd. Ix (1889), pp. 262-408; Bd. bdv (1890), pp. 114-185,
and Bd. xciv (1897), pp. 1-277.

MONARCHICAL INSTITUTIONS 23

E. Pais, Storia di Roma, Vol. I. Turin, 1899.

B. G. Niebuhr, History of Rome (Eng. trans.). London, 1855.
Schwegler-Clason, Romische Geschichte, 4 Bde. Tiibingen, 1853-8 ;

Berlin, 1873-6.

C. Peter, Geschichte Roms, 3 Bde. 4^ Aufl. Halle, 1881.
E. W. Fischer, Romische Zeittafeln. Altona, 1846.

H. F. Clinton, Fasti Hellenici, Vol. III. Oxford, 1841.
H. F. Clinton, Fasti Romani, 2 vols. Oiford, 1845-50.
H. Matzat, Romische Zeittafeln fiir die Jahre 219 bis i v. Chr.

Berlin, 1889.
H. Matzat, Romische Chronologie, 2 Bde. Berlin, 1883-4.

Supplementary Literature, 1901-1910^

Heitland, The Roman Republic, 3 vols. Cambridge (England), 1909.

Klio (= Beitrage zur alten Geschichte), 1902 (passim).

De Ruggiero, Dizionario epigrafico di antichit^ romane (A-Dend,

F-Gr). Rome, 1895- 1909.
Wachsmuth, Einleitung in das Studium der alten Geschichte.

Leipzig, 1895.
Meyer, E., Geschichte des Altertums, II, V. Stuttgart and Berlin,

1893, 1902.
Wissowa, Religion u. Kultus d. Romer. Munich, 1902.
Pais, Ancient Italy. Chicago, 1908.

Modestov, Introduction k Thistoire romaine. . St. Petersburg, 1902.
Comparetti, Iscrizione arcaica del Foro romano edita ed illustrata.

Rome, 1900.
Peter, Historicorum Romanorum reliquiae, 2 vols. Leipzig, 1870,

1906.

' See siiMo/aAres&ertcAt Uber die Forischriite der classischen Alterihumswissen-
scfu^tf Bd. cxiv (1903), pp. 1-25, 188-217; Bd. cxxvii (1905), pp. 257-368; Musee
Beie, vii, pp. 420-465 ; viii, pp. 194-270.

Part II — Republican Period

SECTION I — HISTORICAL

CHAPTER III

TBE PATRICIAN CITY

24. Credibility of Early Republican History. The tra-
ditional story of the kings is in large measure a transparent
fiction. After the establishment of the republic the narra-
tive descends into the realm of the possible and credible,
but we should be mistaken in accepting the early part of it
as trustworthy. Both the external and the internal evidence
show it to be otherwise. For the first century or more of
the republic contemporary records are completely lacking.
Everything of the sort must have b'een Jost when the city
was taken by the Gauls in 390. Then, too, an examination
of the history of the early period, which ancient writers
have left us, reveals the fact that truth and fiction are con-
stantly interwoven, and that the greater part of the account
is the production of a later date. The meager records
which religious and political officials made in the fourth
century B.C., relying on tradition, were supplemented, as
time went on, by traditional tales of popular military heroes
and political leaders, and successive generations of writers
sought to remove inconsistencies, to suggest explanations,
and to embellish the narrative by the use of rhetorical

THE PATRICIAN CITY 2$

ievices, as they did in the case of the regal history. How-
ever, the constitutional struggle which is under way when
more trustworthy history begins is only a continuation of
that of the first century of the republic, and from our knowl-
edge of its nature, and of the forces at work, we can make
^ly safe inferences concerning similar movements of the
iarly period, and in this way test the truth of the traditional
iccount. In a like manner the character of certain politi-
::al institutions in the historical period, and the line which
hey take in their development, enable us to determine
Jieir early form with considerable probability. In this way
Jie main features of the constitutional history of the early
•epublic can be made out.

25. The Chief Magistracy. Tradition is probably right
n making the transition from the monarchy to the repub-
ic a sudden one, — the outcome of a revolution. The
Host important result of this revolution consisted in the
changes which the chief magistracy underwent. In place
of the rex, who under the old regal constitution was the
choice of the paires, and held office for life, two chief
executives, cxH^e^ praeiores, or leaders, were chosen annually
by the whole body of citizens. Two of the three changes
just mentioned in the position of the chief magistracy are
of immediate importance, while the third is of future sig-
nificance. A chief executive who holds office for a limited
period only can be held accountable for his conduct at the
close of his term of office. Furthermore, the participation
of a colleague in the exercise of supreme power will tend
to prevent a magistrate firom becoming autocratic. These
are the two principal points in which the position of the
praetor, or, to give him his later title, the consul, differed
from that of the king. The change in the method of
choice was of less importance at first, since, as we shall

'«4

26 REPUBLICAN PERIOD: HISTORICAL

shortly find, the popular assembly, in which the consul I ri
was chosen, was controlled by the patricians, just as was ft'
the senate, which had practically chosen the king. The ^
consul was invested with the imperium^ as the king had
been, and the strictly political power of the new magis-
trate was identical with that of the old one. If the expe-
rience of the Roman people were not a matter of history,
the practicability of a system of government, in which the
supreme power was placed in the hands of two' magistrates,
elected for the same term of office, and could be exercised
by each of them at any moment, might well be questioned
by any one. However, the system did prove a workable
one, although the Romans found it wise a few years after
the founding of the republic to modify it slightly by estab- It
lishing the dictatorship. The incumbent of this office, who r^
was to be appointed at moments of great danger, had no lul
colleague. We have said that the full poUtical power of yi
the king descended to the consul. The new chief magis-
trate lost some of the religious functions of the old one.
Such religious duties as were not necessary preliminaries to
political action were assigned to the pontiffs and to a new
priest, the rex sacrorum,

26. The Senate. The position of the senate was essen-
tially unchanged, but its composition underwent a change.
A certain number of plebeians were admitted to member-
ship in it. The plebeian senators, called conscripti^ could,
however, take no part in passing the auctoritas patrum, or
in choosing an interrex. These duties were always the
prerogative of the patrician senators.

27. The People. The centuriate comitia was at the'
outset a military organization solely, and it was slow in^
acquiring political functions, but the growth was a natural
one. In fact, it was inevitable that in matters touching the

THE PATRICIAN CITY 2/

safety and general welfare of the community, or the life of

individual citizens, an exclusive body like the curiate comitia

should give way before an organization made up of all the

fighting men of the state. It would be absurd, in fact, to

expect the plebeians to serve faithfully under a leader

whom they had had no part in choosing, or to fight in

a war which had been declared without consulting them*

Under these influences the ceiituriate assembly gradually

acquired a large share of the political functions which

under the monarchy had been exercised by the curiate

comitia. In it magistrates were elected, appeals were heard,

and measures affecting the whole community, excepting the

lex de imperiOj were considered and acted on. Another

factor contributed to its political importance. Under the

monarchy, as we have already noticed (p. i6), an appeal

to the people in a case of life and death could be had only

with the consent of the king. By the lex Valeria (Cic.

de Re Publ, II. 53), which tradition assigns to the year

r^o^^he right to an appeal to the comitia centuriata was^

granted to all citizens, plebeians as well as patricians. This

action undoubtedly made frequent meetings of that body

necessary. The eighteen centuries of knights acting with'

the eighty centuries of the first class constituted a majority,

and, since most of the rich landholders were probably patri- *

cians, the body had a pronounced aristocratic character.

For this reason the action of the centuriate comitia in elect^-

ing magistrates, in passing laws, and in deciding appealjp

was of no great immediate value to the plebs, but the

time was likely to come when the plebeians could exert a

controlling influence through an increase in the number

of rich plebeian landholders. The organization, but not

the character, of the comitia centuriata was affected by

the formation of seventeen tribus rusticae^ which tradition

28 REPUBLICAN PERIOD: HISTORICAL

assigns to the period immediately after the expulsion of
the kings.

The king had held his position for life. Class preju-
dice, therefore, would not count for much in his case.
His interests also lay in conciliating the plebeians. The
consul, who was chosen from the ranks of the patricians,
held office for a year only, and then returned to their
number. Consequently his action must have been largely
influenced by prejudice in favor of the patricians. We
are not surprised, therefore, that the plebeians found their
position intolerable under the new chief magistrates. The
condition of foreign affairs, however, helped them to wrest
from the aristocracy some protection against the patrician
consuls. In 494, when Rome was engaged in a fierce
struggle with the Aequi and Volsci, the plebeian soldiers |>^
refused to march against the enemy, and took up their
position on a hill a few miles from the city. The patri-
cians proposed a compromise at once, and the plebeians
returned to their duties on condition that they should be
allowed to elect annual officials, perhaps five in number,
with sufficient powet to protect them against the auto-
cratic action of the consuls. The new officials took their
title of tribunL plebis from the plebeian tribuni militum
whom the people had chosen as their leaders in the seces-
sion. We do not know how the tribunes were chosen at
the outset, but probably the plebeians were divided into
curiae y and the new officials were elected iii a loosely
organized plebeian curiate assembly. They were to be
assisted in the performance of their duties by two aediles
plebei. From this time forth the plebeians had political
leaders of their own, and the great struggle between the
orders begins with their appearance, although important
political results cannot be seen for a generation or two.

THE PATRICIAN CITY 29

L 28. Improvement in the Organization of the Plebeians.
IFor a period of fifty years this struggle centers succes-
: sively about three points. These three points were : the
i improvement of the plebeian organization, the more equi-
I table division of the ager publicuSy and the codification
1: and publication of the customary law. At the outset, as
- has been stated above, the tribunes were apparently elected
:: in a plebeian curiate assembly roughly modeled after the
\ patrician comitia curiata. To this body all those outside of
V the old gentes who were not slaves were probably admitted.
r In this organization the patricians may well have exerted
re a strong influence through their clientes. To eliminate
ie: this influence, in 471, in accordance with a law incor-
?r rectly attributed by tradition to Volero Publilius, the ple-
[isi beians were organized on the tribal basis, and the election
he of tribunes was turned over to the newly constituted ple-
Ltr beian tribal assembly, and to this organization probably
2tiA plebeian landowners only were admitted.
hi 29. Agrarian Agitation. Under the monarchy the dis-
•eri posal of land gained in war was left to the king (p. i5)j
icA His fe-irly impartial attitude towards all classes would lead
2:3 him to make arrangements at least tolerable for the ple-
W beians. But the patrician senate and consul inherited the
J king's power in this matter, and the plebeians gained little ;
- from the new territory which their own valor had helped
to secure. They suffered not only financially, but also
r politically, fi:om this state of things. Membership in the
I classes, on which the centuriate organization was based,

depended on the ownership of land. Now, if no new/
. land was thrown open to the plebeians, as they increased
\ in number from generation to generation, the average hold-
ings of each one of them would decrease, and plebeian?
\ . would drop into lower classes, or become landless. This

30 REPUBLICAN PERIOD: HISTORICAL

was tIifi_statfi„of. things which led Spurius Cassius, himsel
a patrician, to advocate the assignment of certain conj
quered territory to the plebeians. His proposition, whicj
tradition assigns to the year 486, brought no immediate
results, but, as Livy notices (II. 41.3), it marks the begin-
ning of an agrarian agitation which went on to the close |^
of the republican period, the first milestone of which was
the lex Iciliay so called (Liv. III. 31. i), of 456, which
provided for the division among the plebeians of the ager
publicus on the Aventine.

30. The Decemvirate. The third great achievement of
the plebs during the period under consideration, the pub-
lication of the laws of the twelve tables, was the result of
a long and bitter struggle. The first proposition looking
to this end is said (Liv. III. 9. 5) to have been made by
the tribune C. Terentilius Harsa in 462, and in 451. a com-
promise between the two parties was arranged, to the effect
that the consuls and tribunes should alike* give place to a
commission of ten men {decemviri legibus scribundis)^ who
should not only exercise the functions of chief magistrates,
but should be empowered to publish a code of laws bind-
ing on the whole community. The commission of the first
year drew up ten tables, but left their task unfinished at
the end of their term of office. The commission of the
second year, so the story goes, took up the work where
its predecessor had left off, but its conduct was so over-
bearing that the plebeians withdrew to the Aventine, and
the decemvirs were forced out of office* The real course
of events cannot be determined with certainty, but the
appearance of plebeian names in the list of decemvirs for
the second year makes it probable that a part of the second
commission was plebeian, that certain changes were pro-
posed which the patricians would not accept, and that

THE PATRICIAN CITY 3 1

they drove the commission out of office. The withdrawal
of the plebeians may be accounted for by their anger at
the course which the patricians took, or by the fact that
after the overthrow of the decemvirs they were left with-
out any adequate protection, since the tribunate had been
suspended or aboKshed. It is "worth noticing incidentally
that if this explanation of the riiatter is correct, the decem-
virate was the first important magistracy to which pie-
beians were admitted. Whatever the truth of the whole
matter may have been, we know that the plebs demanded
and secured, as the price of their return, the restoration
of the tribunate, and the concession of certain rights which
the conservative leaders Valerius and Horatius secured for
them. Livy characterizes the body of laws which the
decemvirs prepared as fons omnis publici privatique iuris.
In point of feet, however, the primary importance of the
whole incident lay in the publication of the method of
procedure to be adopted, especially in civil cases. The
only laws of constitutional importance which the code
seems to have contained were those forbidding privilegia,
granting the right of appeal in case of a heavy fine (prob-
ably a reaffirmation of the lex Atemia Tarpeia and the lex
Menenia Sesiia of 454 and 452 respectively), giving to the
comitia centuriata the sole right of passing sentence in
capital cases, and providing that a measure adopted by the
populus nullified all earlier constitutional or legal provisions
in conflict with it.

31. The Leges Valeriae Horatiae. The patricians carried
out faithfiilly the promises which had been made in their
behalf. In 449 the consuls Valerius and Horatius secured
the passage of a law guaranteeing to citizens the right of
appeal in cases of life and death. This enactment was in
a way a repetition of the lex Valeria and of one of the

32 REPUBLICAN PERIOD: HISTORICAL

provisions of the twelve tables, but the suspension of the
right of appeal during the existence of the decemvirate
justified the repetition. The dictatorship must have been
exempted from the action of this law. Another law of the
same year established the tribunate on a surer basis than
ever. A still more important piece of legislation, whose
passage Valerius and Horatius secured, was an enactment
^ with reference to the validity of plebiscUa. Livy summa-
rizes (III. 55.3) its contents in this wise : quod tributim
plebes iussisset populum teneret. It is impossible, however,
that the unsupported action of the plebeian tribal assembly
should have been binding on the whole people. The feet
that it was necessary to secure the approval of the senate
in the case of the Licinian laws in 367 (Liv. VI. 42. 9)
points to the probability that, after the passage of the leges
Valeriae Horatiae^ the action of the plebeian tribal assembly
acquired the force of law, in case the aucioritas patrum
j was secured. The constitutional importance of this Valerio-
/ Horatian measure lies in the fact that it gave to the tribune,
/ . the plebeian leader, the right to initiate legislation, and to
(plebeian political aspirations the strength which came to
ithem through their formulation by a legally recognized legis-
lative assembly. It will be seen that this action involves a
I complete change in the nature of the tribunate. It gives
a positive character to it for the first time. The impor-
tance of the negative fiinctions of that office also was aug-
mented shortly before the establishment of the decemvirate
by the increase of the number of tribunes to ten. This
increase made it possible for them to extend their protec-
tive power over a greater number of plebeians. The great
constitutional gains which the plebeians made during the
period under consideration, fi-om the first to the second
secession, bear a close relation to the fact that Rome wa3

THE PATRICIAN CITY 33

harassed during this whole time by fierce raids on the part
of the Sabines, the Aequi, and the Volsci. The patrician
state needed the support of. the plebeians, and that could
be had only in return for certain political concessions. The
stress of these wars also led Rome and the neighboring
peoples of the Latins and Hemici to form a league at the
beginning of the fifth century which continued in force
to 340.

32. The Condtia Tributa. It will be remembered that
in the regal period the king was assisted in the collection
of evidence by the quaestores parricidiu The power oft
appointing these officials, which the king had enjoyed, de-
scended to the consul and was exercised by him up to the
year 447, when, as Tacitus tells us {Ann, XI. 22), they
were for the first time elected by the people. This change'
was in itself a direct gain for the plebeians, but the method
by which the quaestors were elected suggests a far more
important indirect advantage to the plebeians. The jurist
diction of the quaestors extended over patricians as well a^
plebeians, and the only definite reference which we have to
the. method of electing them (Cic. ad Fam, VII. 30. i) in-
dicates that they were chosen in a tribal assembly presided
over by a magistrate. We must consequently infer that
patricians as well as plebeians took part in the election.
From 447 on, then, there are two tribal assemblies, — on6
an assembly of the populus under the chairmanship of a
magistrate, and therefore properly called the comitia tri-
hutay the other an assembly of the plebs presided over by
a tribune, to which Latin writers now and then refer as the
concilium plebis,

33, The Lex Canuleia. A great social change which led
to important political results was effected at about the
same time, to be exact in 445, by the passage of the Icoc

tie

Il3

34 REPUBLICAN PERIOD: HISTORICAL

Canulda de conubio, which recognized conubium between lia
patricians and plebeians. Mixed marriages between patri-|a i
cians and plebeians had never been considered strictly illegal,
but the sons of a patrician who took a plebeian woman in
marriage lost the patriciate by virtue of that fact. The
passage of this law or plebiscite was therefore, in a way, to
the advantage of the patricians. Indirectly it furthered the
cause of the plebeians and benefited the whole community.
It was to the advantage of the entire state, because it served
to unify the interests of its citizens. It helped the ple-
beians, since through it influential patricians were some-
times led by kinship to support plebeian leaders at critical
moments. This was notably true in the case of Licinius in
the year 367. |y

34. Agitation for the Consulship. The great majority of r^
the measures whose passage the plebeians had secured since |is
509 had for their avowed object the restriction of the con-
sul's power. The plebeians now felt themselves in a posi-
tion to make a direct assault on the patrician stronghold by
demanding a representative in the consulship. A propo-
sition embodying this demand was made by the tribune
Canuleius in 445. The patricians could not be forced to
yield the point in question, but they granted a compromise
by providing that each year it should be decided whether
the chief magistrates should be consuls or tribuni militares
consulari potestate. The tribuni militum alternated in com-
mand of the legion, and since the office was open to ple-
beians as well as to patricians, the demands of the plebeians
were nominally recognized. In point of fact the concession
was intended to be, and was in large measure, a nominal
one. The patricians hoped to save the consulship by sub-
stituting the consular tribunate temporarily in its stead, with
the intention of restoring the consulship when they found

THE PATRICIAN CITY 35

themselves strong enough to do so. In the interval they
felt that they had secured themselves by a number of safe-
guards. It was, for instance, within the power of the senate
to decide each year whether the chief magistrates should
be consuls or consular tribunes ; the election of consular
tribunes by the comitia centuriata required the ratification
of the patrician senators, and finally, since the number of
these officials was not fixed, it was probably possible in
some cases to reject successful plebeian candidates on the
ground of unfavorable auspices, or for similar technical
reasons. These legal restrictions, combined with the supe-
rior political ability of the patricians and the prestige
which their social position gave them, enabled them to
exclude the plebeians entirely from the office up to 400,
and after that date the number of plebeian successes was
small.

35. Economic Difficulties. The political situation, which
was already serious, in consequence of the repeated disap-
pointments of the plebeians, was still further complicated
by the development of an agrarian difficulty. We have
already had occasion to notice (p. 29) the unfair treatment
in the division of land to which the plebeians were subject,
and the economical and political hardships which resulted
from it. The difficulty steadily grew in seriousness. In
' the first third of the fourth century B.C. there was an almost
unbroken series of wars with the Aequi, the Volsci, the
Latins, and the people of Veii. During these long cam-
paigns patrician estates could be cultivated by dependents,
but the returns fi^om the little holdings of the poor ple-
beian grew smaller and smaller, and the land itself steadily
deteriorated in value. Undoubtedly, also, the peasant pro-
prietor was finding it more and more difficult to compete
with the owner of large estates.

36 REPUBLICAN PERIOD: HISTORICAL

36. The Leges Liciniae Seztiae. This was the polj
and ^^^^r^mir rnpdi tion of the plebs which the two
lines of the year 377, C. Licinius Stolo and L. Sex
endea vored to reliev e. They accomplished their objec
'^62^_ 2iteT ten vears of agitatio n, by securing the pas
of a /ex sat ura^ or law ,£Overing the various mat ters in
pufS^ The contents of the law are somewhat in dc
but, if we may follow Livy and Appian, it included the
lowing points : (i) restoratio njof the consulship , with
provision that one of the two consuls should always
plebeian ; (2) a provision forbidding an individual to oc<
more than five hund red-af^^ "f f!jgj}lfi_lgjflj--bfi]^r^gin
the state, and to pasture- more than on e-hupdred~faea
cattle and five hundred sheep on the common pastureJa
(3) 9.n arlicle fixing the proportional number of free labc
and slaves to Be "employed on any estate ; (4) a cl
providing that interest already paid on debts shQulc
deducted from the principal, and that three year&~sh(
be allowed for the payment of the-4;est ; (5) a provi
that the number of priests in charge of the Siby
books should be increased to ten, and that five of tl
should be plebeians.

yj7 Results of the Struggle. The first point in ti
laws marks the beginning of the end of the patricio-
beian struggle. The other important magistracies to w]
plebeians had been eligible, viz., the decemvirate and
consular tribunate, were of a temporary character, i
as we have seen, the patricians had easily thwarted t
efforts to attain them. From this time on, one of
incumbents of a regular magistracy must be a plebe
and admission to the consulship foreshadowed admis
to the other offices also. The law was observed in the
lowing year by the election of L, Sextius to the consuls

THE PATRICIAN CITY 37

[The second law differs from the lex Icilia (p. 30), and
rom many agrarian laws of a later date, in being an
.utomatic principle of a general character, rather than a
aeasure for a specific case. The third provision was evi-
lently the result of an effort to check the growth of an
:vil which ultimately drove peasant proprietors and free
iborers out of the country districts, and transformed Italy
Qto a land of large estates worked by slaves. The fourth
aeasure is a forerunner of the socialistic legislation of the
lext century, and foreshadows a re-division of the people
Qto rich and poor, as soon as political equality has been
ecured. The political significance of the last provision
ies in the &ct that it made a breach in the integrity of
he aristocratic religious system. The plebeians might
lope soon to gain admission to the offices of augur and
pontiff, and thus wrest from the patricians one of their most
effective defensive weapons, the taking of the auspices.

38. The Establishment of the Offices of Censor, Praetor,
and Aedile. The civil duties of the chief magistracy were
increasing so rapidly in consequence of the growth of the
city that they could no longer be satisfactorily performed
by the two consuls. The difficulty of the situation was
increased by the frequent absence of the consuls from the
city in the performance of their military duties. This
state of things led to the establishment of the censorship!
in 443 (or possibly in 435), and of the praetorship in 366.!
A secondary motive for the establishment of the praetor-
ship may be found in the desire of the patricians to keepj
in their own hands some of the powers of the chief magis-
tracy, for at the outset patricians only were eligible to th^
office of praetor. The establishment in 366 of the curule
aedileship, to which plebeians were not eligible, was also
perhaps a part of the bargain on the basis of which the

38 REPUBLICAN PERIOD: HISTORICAL

patricians allowed the passage of the Licinian laws of
year before.

39. The^^exiate and the Tribune. The relations w

the senate bore to the tribune and to the magisti
underwent an interesting change in the period under
sideration, from 4j^to 367. The original function oi
tribune was to protect citizens against the magistrate
personal interference in specific cases. The increas
the number of tribunes to ten, in the middle of the
century, and the bitterness of the long struggle which
plebeians made for the consulship, led to a continual cl
ing between the tribunes and the magistrates execi
the decrees of the senate, and in many cases the wor
of the governmental machinery was completely suspen
It was felt, therefore, that it would be far better to gel
opinion of the tribunes with reference to a bill under <
sideration in the senate, before action was taken 01
With this purpose in mind they were given seats in
senate, and were allowed to interpose their object
formally at any point in the proceedings. At least
better explanation can be suggested for the new
which the tribunes play in the deliberations of the se]
in this period.

40. The Senate and the Magistracy. On the other h;
the senate gained in power at the expense of the c
magistrate, and perhaps at this time it took the first
toward gaining that controlling influence in the state w]
it exercised a century or more later. The explanatio:
the change lies partly in the fact that it rested with
senate each year to decide whether the chief magistr
should be consuls or tribunes with consular power,
fact in a way made the chief magistracy dependent
that body.

! '' THE PATRICIAN CITY 39

' oi' 41. Foreign Affairs. In foreign affairs the period of the
nsular tribunate is one of conquest. Rome's territory
extended, and her influence over her neighbors was
eatly strengthened. These successes were due partly
I clo the rapid growth of Rome and to the improvement in
0* per domestic policy, partly to the weakening of her enemies
fc ^d rivals. The brilliant victories of M. Camillus over the
5e|\^oIsci and Aequi in 389, followed by successes in siibse-
tlqueiit years, broke the power of both peoples, who were
tialready hard pressed by the inroads of the Sabellians.
islParadoxical as it may seem, even the invasion of the
:: Kelts, which led to the capture of Rome in 390 (or
-387?), was of permanent advantage to the city. The
-losses which Etruria suffered from the Kelts, following
i closely, as they did, on the fall of Veii in 396, made it
[ easy for Rome to extend her control over southern Etruria.
Rome's old allies, the Latins and Hemici, became jealous
[of her growing power, and, availing themselves of the con-
I fusion which followed the Keltic invasion, Praeneste, Tibur,
and other neighboring communities took up arms against
her. They were quickly conquered, and in the new treaty,
which was made in 358 between the Latin communities
and Rome, the former probably lost their position as co-
equal members of the confederacy. These successful wars
had a direct and an indirect effect on internal politics in
Daany ways. Among the direct effects were the establish-
ment of four new tribes, — the Stellatina, Tromentina, Saba-
tina, and Amensis in 387 in southern Etruria, — and, to
pass for a moment beyond the period we are considering,
the addition of two new tribes, the Publilia and Pomptina,
in Volscian territory.

40 REPUBLICAN PERIOD: HISTORICAL

Selections from the Sources

The consulship: Li v.* I. 60. 4; II. i; III. 55. 12; Cic. de
Publ. II. 56; de Legg. III. 8. — Lex Valeria de provocatione : Ci
de Re Publ. II. 53. — The dictatorship: Liv. II. 18; Cic. de Ri
Publ. II. 56. — The first secession: Liv. II. 32-3. — The tribane
-Liv. II. 33. 1-3; II. 34-5; II. 58. I ; III. 20.7; III. 30. 7; Cic.
Re Publ. II. 57-9; de Legg. III. 9; III. 16-26; Dionysius, VI. 89
IX. 41. — The concilia plebis : Liv. II. 56-7 ; II. 60. 4-5 ; Dionysiui

IX. 41-9. — The decemvirate : Liv. III. 33-59; Cic. de Re PuH
II. 61-3; Dionysius, X. 55-61; XI. 1-46. — Leges Valeriae Horatiae:
Liv. III. 55 ; Dionysius, XI. 45. — (Patricio-plebeian) comitia tribute!
Liv. IV. 44. 2; Cic. ad Fam. VII. 30. i; Tac. Ann. XL 22.-
The consular tribunate: Liv. IV. i. 2; IV. 6. 8; V. 12. 8-12.—
Lex Canuleia: Liv. IV. i. i; IV. 6. 3. — The censorship: Liv. IV
8. 2-7. — Pall of Veii: Liv. V. 19-22. — The Keltic invasion: Liv.

V. 34-49. — The Volsci and Aequi: liv. VI. 2; VI. 32. — The leges
Liciniae Sextiae : Liv. VI. 35. 4-5 ; Appian, B. C. 1. 8; Liv. X. 13. 14;

X. 23. 13. — The praetorship: Liv. VI. 42. 11 ; VII. i. 1-2. — The
curule aedileship: Liv. VL 42. 12-14. — The Sibylline books: Iiv.|

VI. 42. 2.

Criticism of the S6urces^

Brocker, Untersuchungen uber die Glaubwiirdigkeit der altro-

mischen Geschichte. Basel, 1862.
E. Herzog, Ueber die Glaubwiirdigkeit d. aus d. rom. Republik bis

zum Jahre 387 d. St. iiberlieferten Gesetze. Tubingen, 1881.
Niese, Grundriss d. rom. Geschichte (pp. 7-1 1). Munich, 1897.
Pais, Storia di Roma, Vol. I, Pt. II. Turin, 1899.
C. Peter, Zur Kritik d. Quellen d. alteren rom. Geschichte. Halle

1879.
Soltau, Livius* Geschichtswerk (pp. 156-184, and bibliography

pp. 9-14). Leipzig, 1897.
Thouret, Ueber d. gallischen Brand in Fleckeisens Jahrb. Suppl

(N.F.), XL 95-188.
Virck, Die Quellen d. Livius u. Dionysius fiir d. alteste Geschichti

d. rom. Republik. Strassburg, 1877.

^ See also general bibliography on p. 22.

CHAPTER IV
THE STRUGGLE BETWEEN THE ORDERS

42. The Period from 367 to 287. In the last chapter
we traced the course of events from the founding of the
republic down to the passage of the Licinio-Sextian laws
in 367. The history oT the period in question is primarily
a history of the early efforts which the plebeians made to
gain political equality with the patricians. The passage of
the Licinian laws marks their first great success. Their
victory was made complete, and the struggle came to an
end when the Hnrtens^^n law was passed in the year 287^
making the assemblies independent legislative bodies. The
last-mentioned ^ar, therefore, marks a new dividing line
in the development of Roman political institutions, so
that it is convenient to treat the history of internal affairs
during the years fi'om 367 to 287 as a unit. It is in part
a matter of chance only that this period also constitutes a
natural epoch in the 'history of external politics. In 295,
at the battle of Sentinum, the Romans were called on to
fece the combined forces of the Kelts and Samnites, the
two peoples who had most fiercely and persistently dis-
puted the supremacy of Rome in Italy. The victory of
•Rome in that battle, followed by the submission of the
Samnites in 290, crushed the Kelts, broke the power of
the Samnites forever, and made the Romans the chief
people in Ital]^.

43, The Magistracies. The history of the period under
consideration may be conveniently considered from the

42 REPUBLICAN PERIOD: HISTORICAL

point of view of the magistracies, the senate, the pe
and foreign affairs. The magistracies provided for y
the constitution in 366 were those of consul, interreii , pi,
tator, censor, praetor, quaestor, and curule aedile. ^^ }
the magistracies the plebeian tribuneship and aedilesbije
should be mentioned. Notwithstanding the fact that th^
law of 367 stipulated that one of the two consuls should
be a plebeian, on seven occasions in the twenty-five year*
which followed both consuls were patricians. This state of
things may not have been due, however, to the bad faith
of the aristocracy. Probably the cleverest statesmen and
generals were still those of patrician descent, and the ple-
beians may well have put patriotism above class prejudice
in foregoing their claim to one of the two positions. Th^
right to hold the consulship naturally carried along with it
eligibility to the offices of dictator and censor, and it is ^
not surprising that a plebeian filled the former office in
356 and the latter in 351, without waiting for the formality
of a law throwing those positions open to his class. How-
ever, the plebeians thought it wise to secure the passage
of a law in^9, formulating their claim to one of the two
censors. They won still another success two years later,
when the great plebeian leader, Q. Publilius Philo, was
elected to the praetorship, in violation of the bargain in
accordance with which the patricians had conceded the
consulship. The quaestorship had been thrown open to
the plebeians in 421, when the number of quaestors was
increased from two to four. By establishing the curule
aedileship, which was not open to plebeians, and by grant-
ing the incumbents of that office special honors, the patri-
cians hoped to secure an offset to the office of plebeian
aedile, but they soon gave up their exclusive claim to the
office, and a peculiar arrangement was adopted for it. In

STRUGGLE BETWEEN THS ORDERS 43

^year it was thrown open to plebeians, in the next
tians only were eligible. We have already noticed
fact (p. 37) that the importance of opening one of
priestly offices to the plebeians lay in the fact that
ecedent was established for the adoption of a similar
ision in the case of the augurate and pontificate,
hopes of the plebeians in this respect were realized
le passage of the plebiscitum Ogulnium in 300, which
ved to the plebeians a certain number of places in
of the colleges mentioned. These changes all bene-
the commonwealth and the plebs, in that they unified
:ommunity and gave the plebeians such a representa-
in the several magistracies as their number and ser-

to the state entitled them to have, but they were
lecial importance to those plebeians who were promi-
through wealth or ability, for they alone could hope
icure election to a magistracy.
. Reelection and Plurality of Offices. The special
ssts concerned in the matter are in fact indicated
ly by two plebiscites attributed to the year 34^, one
liich provided that a citizen should not be reelected

office until an interval of ten years had elapsed, while
Dther made it unlawful to hold more than one office
time. These provisions were not inspired by a fear
itocracy, but by a desire on the part of rising poli-
is to keep as many offices open as possible. The
mentioned law was not well observed,. however, since
^anlius Torquatus was consul in 344 and 340, and
iTalerius Corvus in 343 and 335.
;. Promagisterial Goyernment and the Prorogatio Im-
. The law which forbade immediate reelection tq
ffice made the military situation intolerable. In the
d which we are considering Rome was carrpng on

44 REPUBLICAN PERIOD: HISTORICAL

a number of campaigns simultaneously at points remol
from the city. Several commanders, and a term of sem
extending beyond twelve months, were absolutely nece
to success. To meet the need of more than two commarn
\ing officers, as early as 465, according to tradition, an arm]
ras placed in charge of a certain T. Quinctius, acting
msulCf and in 326 Q. Publilius Philo, the consul of
previous year, was authorized to remain in charge of
army pro consuls, until the campaign was finished,
changes in the constitution which developed in after yeai
out of these two precedents were of tremendous imporj
tance. The first incident led -in time to the developmei
of the whole system of promagisterial government whic!
was adopted for the provinces. The extension of an
ciaPs term of office {prorogaiio imperii) beyond one yeafj
which was first allowed in the case of Publilius, was out
harmony with a fundamental principle of Roman govem-
ment, and the frequent adoption of the device accustomed
the Romans to the protracted exercise of supreme powet
by an individual, and thus prepared the way for the empire.

46. The Tribunes and the Senate. In our examination
of an earlier period (p. 38) we noticed a rapprochemd
between the senate and the tribunes. The case of Pub-
lilius in 326 offers another striking instance of the sam^
tendency, if we may accept the traditional narrative. The
measure extending Publilius*s term of office would seem to
have been laid before the concilium plebis by a tribune, 2S
the request of the senate. This fact seems to indicate^
not only greater harmony between the two elements in th^
community, but also a recognition on the part of the aris-
tocracy of the possibility of using plebeian officials tc
accomplish desired objects.

The willingness of the tribune on this occasion, and iiJ

STRUGGLE BETWEEN THE ORDERS 45

4her instances, to carry out the wishes of the senate in the
oatter of legislation, is a natural return on his part for the
►ennission, which, as we have already seen, the senate had
iven him to occupy a seat in the senate-house, and to
tate formally his objection to any action under considera-
Lon in that body. In this period, too, probably the tri-
bune acquired the right, which he exercised freely in later
Imes, of calling meetings of the senate and laying "matters
►efore it for consideration. The friendly relations which
irere thus developing between the senate and the tribune
irere fostered by the large measure of success with which
he plebeian senators met in securing the tribunate for
Qembers of their families, and in making it the stepping-
tone to a magistracy. The result of these changes in the
)owers and functions of the tribune's office was the gradual
LSsimilation of his duties to those of a magistrate, and,
ispecially after the legislation of 339 and 287, which made
iie action of the concilium plebis, over which the tribune
presided, unconditionally binding on all citizens, the tribune
may with practical, though not with technical, correct-
ness be called a magistratus plebeius. The plebeian char-
acter of the office of course consisted in the fact that its
incumbents must be of plebeian descent, and must be
elected by an assembly made up solely of plebeians. The
role which the tribune played during this period is a
characteristic and an important one. The life-and-death
struggle which the Romans were carrying on with the Sam-
nites during these years must have developed the military
spirit at home. The tribune sought' to maintain the civil
liberty of the citizen against the encroachments of this
tendency. The services which he rendered to the commu-
nity were valuable, and his attitude was in harmony with
the traditions attaching to his office, which made him the

46 REPUBLICAN PERIOD: HISTORICAL

protector of the helpless individual against the tyranny oBS
autocratic power. if

47. The Senate and the (Mnian Law. An examinationf b
of the plebiscUum Ovinium takes us naturally from the
magistracies to the senate, since its provisions affected both! 2
the censor and the senate. Strangely enough, although ^
this measure was one of great importance, its contents are
not given by any of the historians. Festus, however, tells
us that senators were chosen by the consuls and consular
tribunes, donee Ovinia tribunieia intervenit qua sanetum est
ut eensores ex omni ordine optimum quemque curiati (Juratif)
in senatum legerent^ quo factum est ut qui praeteriti essentti
loco moti haberentur ignominiosi. There are two important
points in the law as stated by Festus : the transfer of the
lectio senatus from the consul to the censor, and the estab-
lishment of the basis on which the choice of senators was to
be made. The first provision placed the composition of
the senate and the fortunes of individual politicians, to some
extent, in the hands of the censor, and the great promi-
nence of that official during the next century is due in large
measure to the passage of this law. The term ordo, which
Festus uses, is often applied to any " class " of citizens, but
that can hardly be its meaning in the passage before us.
The Romans can scarcely have admitted members of thel^
ordo libertinus, for instance, to the senate at this time, jj
Furthermore, the census rolls of the period show about
200,000 citizens, and it would have been absurd to stigma-
tize as ignominiosi the 199,700 whose names were not
placed on the senate's list. The term must be applied to
officials, as it is elsewhere at times, and the censor was
instructed to put in the senate all such magistrates or ex-
magistrates as were of approved character. Probably the
Ovinian law did not introduce an essentially new method

mmmmtm

STRUGGLE BETWEEN THE OJIDERS 47

of procedure, but it put into a more definite legal form a
principle which the consuls had followed in a general way
for many years. From this time forth the senate is a body
of ex-magistrates, and very important results followed in
the next century in consequence of this change in its com-
position. The following considerations enable us to fix
approximately the date of the Ovinian law. It was a plebi-
scite, and since by its provisions the right to make out the
list of senators was transferred from the consul to the censor,
we may be sure that it was not passed until after plebeians
were eligible to the censorship, that is, until after 339.
The earliest lectio senatus by a censor, of which we have
any record, dates from 312, so that the law must have
been passed between 339 and 312. At the time of its
passage plebeians were eligible to all the ordinary political
offices, so that under its operation the number of plebeian
senators must have increased greatly. In fact, it would
be only a question of time when the majority would be
plebeian.

48. The Appearance of the Nobilitas. Under the new
regime the choice of senators was made indirectly by the
people in their centuriate and tribal assemblies. A candi-
date of obscure position, however, had little chance of
election. Only unusual ability or a great danger enabled
an ignobilisy like Marius or Cicero, to secure a political
office ; for, since wealth became a more and more influential
factor in politics and society, and since the imagines of
distinguished families appealed in a forcible, concrete way
to the Roman's deeply rooted respect for the past, political
office, and consequently a seat in the senate, became prac-
tically the hereditary privilege of a few rich families, and
constituted the basis of a new patricio-plebeian aristocracy,
the nobilitaSy which from this time on took the place in the

48 REPUBLICAN PERIOD: HISTORICAL

State and in society which the patricians had formerly held.
The exclusive rights of the old aristocracy had rested on
the law. By a revision of the law they could be and had
been removed. The privileges of the new aristocracy
depended, not on the law, but on the organization of
society. Nothing but a revolution could, therefore, take
them away. In this way the appearance of the Twbilitas
marks a turning point in Roman history, and the whole
history of the republic fells into two great epochs. In one
the patricians are in the ascendant, in the other the nobilitas.

A contest of two hundred years had at last brought the
rich plebeians to the goal of their ambition, — political
equality with the patricians, — but the position of the poor
plebeian had not improved in like measure. In fact, the
establishment of the patricio-plebeian nobilitas not only
brought into more marked contrast the conditions of the
rich and the poor, but the fusion of prominent plebeian
families with' the patricians into a new aristocracy with
exclusive privileges, and with common interests hostile to
those of the poor plebeians, robbed the latter of the help
of their most powerful leaders.

49. The Distress of the Poor. Their difficulties were
partly economical, partly political. It will be remembered
that some attempt had been made in the Licinian laws to
relieve the distress of the proletariat, but the measure
brought little help. Perhaps a resumption of the ager puh-
licus by the state, and its assignment to the needy with the
full right of ownership, might have relieved the difficulty
for a time, but probably nothing short of revolution or
another secession could have forced the rich to make this
concession. Resort was, therefore, had to other measures,
some of them excellent, some of them absurd. The old
laws against usury were enforced with more vigor, and new

STRUGGLE BETWEEN THE ORDERS 49

«^ws against the same offense were enacted. If tradition
^an be relied on, even the taking of interest was forbidden.
^ far more rational measure of relief was the lex Poetelia of
i 26, which alleviated the condition of such debtors as were
-timed over to their creditors for failure to pay their debts.
tn 352 an entirely new method of improving the credit
System was tried. A state bank was opened, if we may
^pply so pretentious a term to the institution established
Ln that year under the control of a commission of five,
rhis commission was probably appointed to make state
ioans, and to secure loans from individuals, on securities
iot readily negotiable at reasonable rates of interest, but
:he plan apparently met with very little success. The
neatest relief to the proletariat came indirectly as a result
>f the long series of wars in which Rome was engaged
iuring the period under consideration. It is a significant
act that one of the provisions of the so-called lex sacrata
nilitariSy whose passage was forced by a mutiny in the army,
iirected that no soldier's name should be dropped firom
llie army rolls without his consent. Payment for military
Jervice, the prospect of booty, and a share in conquered
land had evidently made service in the army a profitable
Form of employment. The relief which the proletariat de-
rived from the acquisition of new territory can be readily
appreciated when we remember that between 367 and 287
twenty-one Latin colonies and six Roman colonies were
founded. In some of these cases a large number of colo-
nists was sent out. , Thus, for instance, 2500 were sent to
Cales in the year 334.

50. The Lex Publilia and the Lex Hortensia. The great
political movements of this period, in which the mass of
the people were concerned, are connected with the passage
of the lex Publilia in 339, of the lex Hortensia in 287, and

50 REPUBLICAN PERIOD: HISTORICAL

with the career of Appius Claudius. It seems hopeles
try to make out the circumstances under which the Publ
law was passed. The patrician coloring given to the nj
tive has wholly obscured the real truth of the case,
legislation of 287 grew out of economic difficulties, anc
here, too, the ground is very uncertain, since the elev
book of Livy, in which an account of the matter was
served, is not extant, so that we must rely on the epil
of that book, and on incidental references in other wri
This much seems to be clear, however, with referenc
the movement in 287, that the debtors demanded a rai
measure of relief. To this the patricians in the senate,
belonged in most cases to the creditor class, refused
consent. Thereupon the needy withdrew to the Janici
but returned to the city on condition of the enactme
certain favorable legislation. Let us pass now to the
themselves, taking up first the lex Fublilia. If we exa
its contents, we find that besides the clause to which
erence has already been made (p. 42), providing thai
of the two censors should be a plebeian, the Publiliai
contained two provisions. One of these directed that
should be approved by the patricians in the senate b
it was acted on by the centuriate cotnitia, Previ
the auctoritas patrum had followed the action of the co
centuriaia. It would seem easier to defeat an undesi
bill in its inchoate state than after the interest of the pt
had been aroused and favorable action taken by a po
assembly. One would, therefore, expect this cjiang
increase the importance of the auctoritas patrum, but
was not the case. In point of fact, from this time
became a meaningless form. The mere fact, however,
the approval of the patrician senators lost its signific
during this period is not difficult to understand, whe

STRUGGLE BETWEEN THE ORDERS 5 1

P^*- xemember that the whole tendency of constitutional devel-
^'' opment at this time was to rob the patricians of exclusive
^^ political powers, but it is hard to see how the change made
in 339 can have helped to accomplish this end. The prin-
'■ ciple which the Publilian law applied to legislation was
extended by the /ex Afaenia, passed probably in the year
287, to elections also. By the decadence of the influence
of the auctoritas patrum, which followed this legisla-
tion, the last serious obstacle was removed from the path
of the comitia centuriata as an elective and a legislative
body. Two clauses of the lex Fublilia have been discussed.
The third clause, according to Livy's narrative, enacted ut
plebiscita omnes Quirites tenerent. This part of the Pub-
lilian law, at least in the form in which it has come down
to us, seems to be identical in force, not only with one of
the Valerio-Horatian laws of 449 (p. 32), but also with the
lex Hortensia of 287, which, according to the elder Pliny,
provided ut plebiscita universum populum tenerent. What
relation do these three laws bear to one another? It is
: almost impossible to say. We can assume that the law of
1; 449 made enactments of the plebeian assembly uncondition-
ed} ally binding on the whole people, and that the measures
5^ of 339 and 287 reaffirmed the principle already established,
and sought to strengthen it at weak points ; but on the one
hand it is incredible that the plebeian assembly was made
a supreme legislative body as early as 449, and on the other
hand it would be highly improbable to suppose that the
plebeians would have needed almost one hundred and
seventy-five years to secure the recognition of a principle
already formulated into law. Of one fact we are sure, viz.,
that after 287 plebiscita were unconditionally binding on
the whole community. We seem forced to assume, there-
fore, that under the Valerio-Horatian law enactments of the

52 REPUBLICAN PERIOD: HISTORICAL

plebeian assembly were valid under certain conditions, and
that the Publilian and Hortensian laws removed these
restrictions. In discussing the Valerio-Horatian law (p. 32)
an attempt was made to show that a measure adopted by
the concilium plebis acquired the force of law, if it was sub-
sequently ratified by the patrician senators. Between 449
and 339, then, in the case of both the comitia centuriata
and the concilium plebis, a bill, in order to become a law,
required, first, favorable action by the popular assembly,
then the sanction of the patrician senators. In other words,
the method of procedure was the same in both cases. Now
one clause of the Publilian law, as we have already seen,
provided that in the case of the centuriate comitia the
auctoritas patrum should precede the action of the comitia.
If we assume that the same change was made in the case
of the plebeian assembly, and the assumption is not improb-
able, the relation which the three laws bear to one another
is clear. It may be stated as follows : from 449 to 339 a
bill became a law if it was favorably acted on by the centu-
riate comitia or by the plebeian tribal assembly, and subse-
quently approved by the patrician senators ; fi-om 339 to
287 the auctoritas patrum preceded in both cases; after
287 the preliminary approval of the patrician element in
the senate was necessary in the case of the centuriate
assembly, but unnecessary for the action of the plebeian
tribal assembly. One difficulty in the situation has not yet
been spoken of. The fact has already been mentioned
(p. 33) that in 447 a patricio-plebeian tribal assembly comes
into existence. After that date, then, there are two tribal
assemblies, one made up of plebeians, the other of both
patricians and plebeians. Ancient writers do not carefufjy
distinguish between these two bodies, so that it is often
difficult to say to which one reference is made. However,

STRUGGLE BETWEEN THE ORDERS S3

since in the case of all three of the laws under consideration
<iistinct mention is made of the assembly of the plebs, we
seem to be safe in applying the principle to the plebeian
tribal assembly. In feet, the patricio-plebeian tribal assem-
\>\y seems to have been largely an electoral and judicial
and not a legislative body until the close of the fourth
century, since the first legislative enactment of the comitia
iributa^ of which we have any record, belongs to the year
357. If the action of this body required the preliminary
approval of the patrician senators, that restriction must
have been removed in 287. In other words, the Horten-
sian law applied the same principle to both tribal assem-
blies, as, on general grounds, we should have expected
it to do.

One must not assume that the passage of these three
laws gave the popular assemblies practical control of legis-
lation and robbed the senate of all its powers in this field of
activity, or, to put it in another way, one must not infer that
the passage of the lex Hortensia marked the final triumph
of democracy over aristocracy. In point of fact, no one but
a magistrate could bring a bill before one of the popular
assemblies for action, and since, as we shall see later, the
senate found means of maintaining its control over the
magistrates, very few bills came before the popular assem-
blies of which the senate did not approve, and a way was
generally found to secure the passage of bills which the
senate favored. It was the patrician element in the senate,
not the senate itself, which lost power and prestige at this
time. In other words, the Hortensian law robbed the patri-
cians of the last exclusive political power of any importance
which they possessed, but the mantle of the old patriciate
fell, not on the shoulders of the democracy, but on those of
the new nobilitas.

54 REPUBLICAN PERIOD: HISTORICAL

51. The Policy of Appius Claudius Caecus. Attentionj
has already been called to the feet (p. 48) that the caus
of the distress among the lower classes were partly econom-
ical, partly political, and we have considered some of thel
efforts which were made in this period to remove their
financial difficulties. These reforms were intended to help
poor debtors, and especially, we may suppose, farmers with
small holdings. The political movement toward the close
of the fourth century B.C., of which Appius Claudius
Caecus is the central figure, removed in part the political
disabilities of another element in the community, that is,
of the fi-eedmen and of freemen with less than two acresi
of land. Probably neither of- these classes was enrolled in
the tribes at this time, while the proktarii, that is, the
citizens who owned no land or had less than two acres,
were massed in the centuriate assembly in a single century,
which exercised practically no influence in a body contain-
ing one hundred and ninety-three centuries.

Appius Claudius, as censor in 312, made a great change,
therefore, in the composition of the popular assemblies,
when he admitted landless freemen and freedmen to the
tribes, and in fact to any tribe which an individual might j
choose, and when he also enrolled men belonging to these
two categories in such " classes " as their property, in what-
ever form it might be, entitled them to enter. By this
procedure wealth in any form was substituted for landed
property as the basis of admission to a tribe and of classifi-
cation in the centuriate assembly. By this change artisans
and tradesmen were to be enrolled in the popular assem-
blies, and those bodies were likely to lose the stability
which an organization composed solely of farmers or land-
owners is likely to have. The admission of ifreedmen
further increased the danger. Appius violated tradition in

STRUGGLE BETWEEN THE ORDERS 55

-ft still more striking way by putting the names of freedmen's
ions in the list of senators, which, under the Ovinian law,
-t was his duty as censor to draw up. An equally revolu-
donary proceeding was his conduct in securing the election
>f Cn. Flavins, the son of a freedman, as curule aedile in
504. We have not space to consider at length the motives
>f Appius in making these changes. The question is one
3f high dispute. He was certainly far-sighted, and saw that
Rome was soon to be mistress of Italy. He may well have
felt that by strengthening the hands of the magistrate he
would secure for her that firmness and promptness of action,
tnd that consistency in policy, which would be essential
to her in her new role. By lowering the prestige of the
nvbilitas in the senate, and of the petty landed aristocracy
\sx the assemblies, as his changes certainly did, he increased
the importance of the magistracies, and indirectly accom-
plished his purpose by essentially the same method as that
which Caesar adopted two centuries and a half later. The
independent course which he took during his censorship
Was in harmony with the view which he held with reference
>to the magistracies. In fact, his policy was reactionary. It
jinvolved a return to the magistrate of many of the powers
iof which two hundred years had robbed him. This is not
Jto say that his motives were purely patriotic, or that he had
^|a single purpose in mind. A fine patrician contempt for
j^'the plebeian nobility in the senate and for the bourgeois
J landholders of the assemblies, who had first pushed their
2^ Way into a position of equality with their betters, and were
^.now themselves following the policy of exclusion toward
r.; their less fortunate fellow-townsmen, seems to have played
^|some part in his mind. But the Romans were not yet

ready for such revolutionary changes.

jj A conservative reaction came in 304. Some regard,

56 REPUBLICAN PERIOD: HISTORICAL

however, was paid to the changes made by Appius.
Fabius Rullianus, one of the censors of that year, allo^
landless freemen and freedmen to remam in the trill
organization, but assigned them to the four city tril
which were so large that individual votes were of compa
tively little avail. The sons of freedmen were again treati
as ineligible to the senate or to a magistracy, but in ot
respects they enjoyed the political rights of citizens,
a result of the whole incident the position of the senati
and of the nobilitas was strengthened. It had proved itsel]
more powerful than its enemies. Two achievements
Appius of a permanent character should be mentioned
before we leave the discussion of his career, viz., the
which he played in securing the publication of the calenc
and of the legis adiones in 304, and the construction of th^
via Appia in 312. Exactly what happened in 304 is no^
clear from the words of Livy, — civile ius repositum in ft
tralibus pontificum (Cn, Flavins) evulgavit fastosque df^
forum in albo proposuit (IX. 46. 5). The general metbc
of procedure in civil cases and the calendar had both beei*
given in the laws of the twelve tables. The service whic"
Flavins rendered to the people consisted perhaps, as som*
writers maintain, in the publication of the pertinent con-
tents of the laws of the twelve tables in book forniy or b<
may have set down for general use a list of court days ^
a complete set of the forms which were to be employ^
in civil cases. Whatever the exact truth of the case in*
have been, information essential to everyday life, whi^
had formerly been confined to a few, became the comiflC
property of all. To Appius, Rome was also indebted f
the first of those great military roads which proved such
powerful factor in extending Roman commerce and Rom*
ideas, and in facilitating the transfer of troops to all paJ

0TRUGGLE BETWEEN THE ORDERS 5/

le world. None of his achievements shows more
J the correctness with which he foresaw the future
Dme and her needs as a world-power.
. The Conquest of Central Italy. The period which
der discussion in thi§ chapter is one of rapid external
opment. Rome waged war with all the peoples of
al Italy. Of them all the Samnites resisted her claim
ipremacy with the greatest valor and stubbornness.
1 the Romans and Samnites were first brought into
relatioris in the middle of the fourth century, they
rently agreed to a peaceful division among themselves
jrtain territory belonging to their ,weaker neighbors,
seems to be the correct explanation of the course of
ts of the years 343-1, which one tradition exalts into
r. The ambitious spirit of expansion which Rome
ed in dealing with smaller states, supported as she
DOW by Samnium, suggests also a sufficient explana-
of the desperate struggle which the Latin communities
ice made to break her power. The result of the war,
1 followed, and lasted from 340 to 338, was most dis-
us to the Latins. Although they were assisted by the
panians and Volscians, they were defeated and lost
^ of the rights which they had enjoyed since the
tion of the foedus Cassianum in 493. Rome made a
ate treaty with each one of the Latin communities,
the express purpose of preventing future confedera-
between them. The terms adopted varied from state
ite, but all the members of the old league were appar-
deprived of the right to trade with one another and
ight to intermarry. Both Rome and Samnium were
riy seeking to extend their influence in Campanian and
:ian territory. A contest between the two powers was
table. The immediate cause of the war between them

58 REPUBLICAN PERIOD: HISTORICAL

was the establishment of a colony at Fregellae in a Volsciaaj
district claimed by the Samnites, and an attack which
Romans made in 327 on Palaepolis, a little town on
bay of Naples, to punish it for the incursions which its citi
zens had made into Roman territory in Campania. Warj
was formally declared by Rome in the following year,
was carried on by the two peoples with varying results unt
304. The peace which Samnium concluded with Rome ill
that year was of short duration. A few years later tidinpj
came to the city that the Samnites were bripging Lucaniale?
under their control. The Romans protested without effect)|fe
and war followed in 299 or 298. This time, although tbcls]
Samnites were assisted by the Kelts and Etruscans, their spintfe
was finally broken, and they formed a permanent alliance]
with Rome in 290. The overthrow of Samnium established]
the supremacy of Rome in central Italy. Her success ii
all these wars was due, not simply to the valor and skill withj
which she carried them on, but also to a variety of external!
circumstances. Her enemies rarely showed that harmony
among themselves and that singleness of purpose which
characterized the Romans, and Rome did her best to
develop the spirit of discord among them by arraying com-
munity against community and the aristocracy against the
democracy. An overpowering dread of the Kelts and the
Etruscans held many of the smaller states to the side 0^
Rome, while doubtless the comparatively mild treatment
which they received at the hands of Rome made her sway
seem less objectionable than that of Samnium. Further-
more, her central position, and the construction of a mili-
tary road into Campania, which was so frequently the seat
of war, gave her a great advantage. The terms made with
Samnium were alike honorable to her and to the Romans.
She was allowed to keep her territory and her independence.

STRUGGLE BETWEEN THE ORDERS 59

• The Treatment of Conquered Territory. During these
and at their close Rome devoted herself earnestly to
ssimilation of her newly allied and conquered peoples,
two great agents in this work were the construction of
5 and the establishment of colonies. The first of the

roads was built in 312, and their importance has
dy been noted. The twenty-seven colonies which
e sent out between 367 and 287 were a still more
rtant factor in Romanizing Italy. They not only
;d as garrisons in controlling the surrounding country,
they introduced the Latin language, and a knowledge
oman law and Roman political institutions wherever
were established. The policy which Rome adopted
rd the Latin communities after their defeat in 3 3 8. was
al of her method of dealing with all the peoples in
. In general she isolated each town or tribe from its
ibors and attached it to herself. These communities,
rding to their political status, were either municipia or
lies foederatae. The municipia were civitates sitie suf-
iOy that is, they had only the civil rights of commercium
ronubium. In some cases they were given a local self-
mment ; in other cases they were governed hy praefectt
out from Rome. Ultimately they received the full
3 of citizenship. The privileges of the civitates foede-
' depended in each instance on the special treaty made
Rome. They were not allowed to declare war against

• communities, nor to make treaties with them, and
were expected to furnish Rome with a cifrtain number
oops in case of need, but within their own borders

were supreme.

.. The Status of Colonies. The founding of colonies
one of the functions of the senate, which appointed
amission to carry out its instructions. One third of

60 REPUBLICAN PERIOD: HISTORICAL

the land assigned for the purpose was usually given outri^
to the colonists, another third was made a^er publicus^ ai
the remainder was used for the construction of tempi
and for other public purposes. The coloniae Romanae we
few in number and were located on the seacoast. T
colonists in these settlements, who rarely numbered mc
than three hundred, had full political and civil rights. T
coloniae Latinae held the same relations with Rome as 1
Latin cities did after 338. They were independent wit!
their own limits, and adopted Roman political instituti(
or not, as they saw fit. To these colonies several thousa
settlers were often sent out. In time of war they ser
as allies of Rome. In 268 they were deprived of some
their political and civil rights which were restored to th
in 90 B.C. only as the result of the Social war.

55. Preparations for Conquest beyond the Sea. The
ganization and equipment of the Roman army were gre
improved in the period under consideration. The tro
were now paid, and became accustomed to long peri
of service, and Roman commanding officers acquired
ability to conduct serious campaigns, and control k
bodies of men. Rome was in a position to gratify,
only in southern Italy, but beyond the sea also,
appetite for conquest which her successes in central I
had developed. Even at this early date there are s<
indications of her aspirations to be a sea power. '
founding of coloniae maritimae at Antium, Tarracina, 1^
turnae, Sinuessa, Sena Gallica, Castrum Novum, and
the island of Pontia, all of which were established betw
367 and 287, either shows the existence of a sea-going ti
or foreshadows its early development. In 3 1 1 for the
time naval officers were chosen with the title of duo
navales. The treaty which was made with Carthage

STRUGGLE BETWEEN THE ORDERS 6 1

and renewed in 306, is also an indication that for-
trade was developing, and that Roman interests were
nding beyond the limits of Italy.

Selections from the Sources

ixst plebeian dictator: Liv. VII. 17. 6. — Laws concerning debt:

VII. 21. 5; VII. 27. 3; VII. 42. i; VIII. 28. — First plebeian
or: Liv. VII. 22. 6-10. — Treaties with Carthage: Polybius,
22-7; Diodor. XVI. 69. i; liv. VII. 27. 2; IX. 43. 26. —
t Samnite war (so-called) : Liv. VII. 29-VIII. 2. — Laws con-
ing reelection and plurality of offices: Liv. VII. 42. 2. — Lex
ita militaris: Liv. VII. 41. — War with Latins: Liv. VIII.
!. — Peace of 338: liv. VIII. 13-14. — The leges Publiliae Phi-

: liv. VIII. 12. 14-16. — First plebeian praetor: Liv. VIII.
9. — Second Samnite war: Liv. VIII. 22-IX. 45; Diodor.
, XX (passim); Dionysius, XV. 7-10. — Colony of Fregellae:

VIII. 22. 1-2; VIII. 23. 6; Dionysius, XV. 8. 7. — Attack on
epolis: liv. VIII. 22-3; Dionysius, XV. 5-6. — Caudine Pass:

IX. 1-12; Appian, Samn. IV. 2-7; Cic. de Off, III. 109. —
e with Samnium : Liv. IX. 45. 1-4. — Prorogatio imperii: Liv.
[. 23. 12; IX. 42. 1-2; X. 22. 9 (cf. III. 4. 10). — Plebiscitum
Lom : Festus, p. 246, ed. Miiller. — Censorship of Appius Clau-
: Liv. IX. 29. 6-1 1 ; IX. 33-34; IX. 46. 10, 11 ; Diodor. XX.
-Via Appia: Liv. IX. 29. 6; Diodor. XX. 36. 2; Frontinus,
\quaeduct. 5. — Duoviri navales : Liv. IX. 30. 4. — Cn. Flavius :

IX. 46; Cic. de Or. I. 186; Diodor. XX. 36. 6; Gell. VII.
I 9. — Reaction of 304: Liv. IX. 46. 14-15; XLV. 15; Val.
. II. 2. 9. — Lex Ogulnia: Liv. X. 6-9. — Third Samnite war:
X. 11-46; Ep, XI; Florus, I. 17 ; Eutropius, II. 9 f. ; Dionysius,
I (XVIII); Dio Cass. /r. 33. 29 f. —Outbreak of war : liv. X.
2 ; Dionysius, XVII (XVIII) 1-3. — Sentinum : Liv. X. 27-30 ;
bius, II. 19. — Peace with Samnium : Liv. Ep, XI ; Eutr. II. 9.
ibine war : Liv. Ep. XI. — Secession of 287 : Liv. Ep, XI ; Dio,
37. — Lex Hortensia: Plin. H, N. XVL 10. 37 ; Gell. XV. 27.
Lex Maenia: Cic. Brut. 55; Liv. I. 17. 9.

62 REPUBLICAN PERIOD: HISTORICAL

Criticism op the Sources ^

Binneboessel, Untersuchungen iiber Quellen u. Geschichte d
zweiten Samniterkrieges. Halle, 1893.

A. Kiessling, De Dionysii Halicarnassensis antiq. auctt. lat. Boni^

1858.

B. Niese, Das sogenannte licinisch-sextische Ackergesetz, Hennei

XXIII, pp. 410-423.
Schubert, Die Quellen Plutarchs, N. Jahrb. fur Philol. (N.F.), Suppl

IX, pp. 647 ff.
Soltau, Livius* Geschichtswerk, pp. 1 17-140. Leipzig, 1897.

Supplementary Literature, 1901-1910

Binder, Die Plebs. Leipzig, 1909.

Bloch, Die standischen u. sozialen Kampfe in d. romischen Republit

Leipzig, 1900.
Dreyfus, Essai sur les lois agraires sous la r^publique roroalne'

Paris, 1898.
De Sanctis, Storia dei Romani : La conquista del primato in Italii»

2 vols. Milan, 1907.
Oliver, Roman Economic Conditions to the Close of the Repubhc-j^i

Toronto, 1907.

ml
^ See also general bibliography on p. 22.

CHAPTER V

THS SUPREMACY OF THE NOBILITAS

56. The Period from 287 to 133. With the passage of
he Hortensian law the great struggle which had gone on
or more than two centuries was brought to an end. The
efforts of the plebeians to secure their political rights had
3een crowned with complete success. In fact, in some
respects, the plebeians enjoyed a political advantage over
the patricians. So,, for instance, under the new constitu-
tion one of the two consuls must be a plebeian, and both
of them might be plebeians. The discrimination which
the law made in their favor in this matter, and in certain
other matters, was only fair from the democratic point of
view, since at this time they must have far outnumbered
the patricians. Of course the social prestige which an old
nobility enjoys, and the s^2lida£it^c-x)f iatcroota which binds
together the members of a close corporation, must have
given the patricians a political power which the plebeians
did not possess, but the law was powerless to secure equality
^ this respect. As one might naturally expect, the settle-
ment of the great questions which had divided the Roman
people into two parties made the period after 287 one of
comparative political inactivity. Not only were the ques-
tions at issue settled, but the Romans were occupied in
adapting the new institutions to the needs of the com-
munity, and their energy was expended in the manage-
ment of foreign affairs. The wars of the period, in
^ct, and the results which flowed from them, exerted a

REPUBLICAN PERIOD: HISTORICAL

'ontroUing influence on the social and political developmeni
>f the community. The wars with Pyrrhus, with Carthage,
irith Philip, Antiochus, and Perseus occupied the Romans'
ixty-seven years, and three of these contests — that is
pyrrhus, and the first and second wars with Carthage -
trained the resources of Rome to the utmost. In theil
)resence all the elements at Rome united in the common
iefense, and, for the time, internal differences disappeared
nd a remarkable political harmony prevailed. The intense
nterest which the Romans felt in military affairs naturally
;ave a political prominence to men who had won distinc-
ion in the field. Furthermore, the soldiers who came
lack to the city did not look on their commander, as
heir fathers had done, as a simple fellow-citizen, who had
ike themselves been serving the state, and now resumed
is place by their side. Long periods of service abroad,
^here the soldier was only one of a great army carrying
ut an elaborate plan of campaign under the direction of
ne man, had accustomed many of the Romans to follow
uplicitly the guidance of an individual. Had Scipio
Lfricanus been an able and ambitious politician, it would
ot have been difficult for him to exercise a paramount
ifluence in Roman politics. Had that been the case, the
enate would have lost its control, and the tide, which
ras setting strongly toward oligarchical government, would
ave been checked. But neither he nor any other success-
il Roman general had the ability to devise a compre-
ensive political programme, or the ambition to make
imself a popular leader. This is not to say that all the
olitical leaders of the period were actuated by unselfish
lotives. The strenuous efforts which certain noble families
lade to use the campaign against Antiochus to further
leir own selfish ends is a proof of the opposite state of

coi

^^gc>xl of

SUPREMACY OF THE NOBILITAS 65

■s. As for the great mass of the people, the imme-
; effect of the long wars was to bring into relief the
I sturdy qualities which, they had shown in their strug-
idth the Samnites. Their indirect result was a com-
: change in the social and economic condition of the
e Italian people. The political connection of the
>d from 287 to 133 with that which precedes it lies
le fact that in it the institutions created during the
iding period were gradually developed and adapted
e needs of the people. It is linked to the subsequent
id by the fact that in the latter the forces which devel-

out of the new social and political conditions result-
rom the great wars took definite shape, and furnished
)asis of a new political reorganization. During these

the state was ruled by the nobilitas, a fact which gives
teriod its political unity. Its end is fixed by the deter-
d stand which the Gracchi took agaiiist the oligarchy
e name of the democracy.

. The Senate and the Popular Assemblies. After the
ge of the Hortensian law the Roman government was
eery essentially a democracy, in so far as landowners

concerned. Its magistrates were elected by the
lar assemblies, and the measures enacted by those
;s were valid without further condition in the case of
ribal assemblies, or required only the formal prelimi-
approval of the patrician senators in the case of the
iriate comitia. In reality, however, the government
n the hands of an oligarchy, and almost all the legis-
i of the period emanated from the senate. One might
5t say that the democracy was satisfied with the posses-
of power but did not care to exercise it. There is
rd some truth in this way of stating the case. The
le recognized the fact that the senate was better able

(:6 REPUBLICAN PERIOD: HISTORICAL

to direct the policy of the state than they were themselv
Now and then they asserted their constitutional righ
This was the case in 232, when the concilium plebis, un(
the leadership of the tribune C. Flaminius, passed a I
contrary to the wishes of the senate, dividing certain la
in Picenum and Gaul. Even in the second Punic war.
the case of Scipio, the senate was forced to yield to
people or to popular sentiment. In general, however,
senate had a free hand in the administration of affairs.
The reasons are not far to seek. The number of vo
during this period ranged from 250,000 to 300,000. M
of them lived at a great distance from the place of vot
It was obviously inexpedient to call together such
assembly for the passage of ordinary administrative le
lation. Many matters, especially in time of war, req
prompt action. This could not be secured through on
the popular assemblies. Furthermore, the questions wl
came up for consideration were far more difficult to s(
than those of earlier years had been. The scene of ac
operations at present was far from Rome. The avei
Roman knew little about the conditions abroad, and
not, therefore, in a position to express an intelli^
opinion on the majority of the questions at issue. V\
made matters worse was the fact that adequate discus
in the contiOy which preceded the casting of the ballots,
impossible. The senate, however, was eminently quali
to meet all the conditions mentioned. It was a bod
only three hundred members, so that it could be ca
together quickly, and could discuss fully any impor
question laid before it. Its members were men of m<
who could afford to meet frequently for the transactioi
public business. This fact alone would have given
senate precedence over any one of the popular assemb

SUPREMACY OF THE NOBILITAS 6/

>r administrative legislation at least. A still greater advan-
age which the senate had lay in the character of its com-
K>sition after the passage of the Ovi nian law._ Under that
^w it became a body of ex-magistrates, whose experience
*i administration and knowledge of affairs at home and
^troad fitted them in a peculiar way to settle wisely the
complicated questions of foreign policy which engaged the
ittention of the Roman people during this period. One
ihould also bear the feet in mind that the senate had
ilways played a leading part in directing the foreign policy
)f the state. In managing foreign affairs during the period
)f the great wars it was, therefore, in large measure follow-
Qg well-established tradition, and as foreign questions
ompletely overshadowed domestic affairs in number and
nportance, another reason for the ascendency of the senate
s a legislative body is apparent. Not only did the quali-
cations of the senate help it to acquire a supremacy in
!gislative affairs, but it found means to prevent the popular
ssembHes from taking the initiative in such matters. A
opular assembly could meet only when it was called
)gether by a magistrate or a tribune, and only to discuss
ich matters as were laid before it by a magistrate or
ibune. Now both these classes of officials were under
le control of the senate, so that it was practically impos-
ble to get a bill of which the senate did not approve
efore any one of the assemblies.

58. The Senate and the Magistrates. What has been
lid will explain in part the influence which the senate
xercised over the magistracies. The Ovinian law had made
[le senate a body of ex-magistrates. All of the senators
rere men of experience in government. Some of them
rere ex-consuls who had filled with distinction the same
►ffice which their presiding officer was now filling. Some

68 REPUBLICAN PERIOD: HISTORICAL

of them had a greater technical knowledge of the questions^ •
at issue than he had himself. Furthermore, strong motives ■*
of self-interest bound the members of the senate together
in maintaining and extending its prestige. The consul I ^
himself came from their number; he was imbued with their IjK
ideas of government and at the end of the year he would ^
return to their ranks. It was impossible for him to make ^
a stand against such influences as these. His submission
to the senate was inevitable. In the earlier period the list
of senators was drawn up by the consul and he probably
exercised some discretion in the matter of choice. This
duty was now performed by the censor, so that membership
in the senate was in no wise dependent on the favor oi
approval of the consul. In fact, the senate was practically
independent of any magistrate in this respect. The Ovin-
ian law had instructed the censor to give preference to p-
ex-magistrates in the selection of senators, and the rather
extreme interpretation which was -put on this law made its
action automatic and practically gave ex-magistrates the,
right to a seat in the senate. The tribune was not much
more inclined than the consul to take the initiative in
matters of legislation. The influences which controlled the
cpnsjjj affected him also. Furthermore, as we have already
noticed (p. 44), the senate had taken pains to cultivate
friendly relations with him. His office, too, was a stepping-
stone to the magistracies, in candidacy for which the support
of the nobilitas would be of great importance. The result
of all this was that the senate met, not to give the consul
advice which he was free to accept or reject, but to take
action which he was expected to carry out as its minister.

59. Benefits and Evils of Senatorial Government. The
system of senatorial government had both its light and its
dark side. Technical administrative questions were decided

SUPREMACY OF THE NOBILITAS 69

by a body of experienced administrators. A consistency
and continuity was given to Roman policy which would
hardly have been possible with the free initiative of magis-
trates holding office for a year only. The element of selfish
personal ambition was in large measure eliminated. In
feet, the senate checked in its own interest any attempt at
self-aggrandizement. However, this necessity of preventing
an individual from attaining eminence had its evil side.
Great success and the resultant popularity gave rise to
distrust in the minds of the oligarchy, so that at a critical
moment the state might be robbed of the services of a
valuable leader. The senate was undoubtedly actuated by

''patriotic motives in almost all of its actions, but it was
impossible for it, in domestic affairs, to throw off entirely

' its conservative bias. In foreign affairs the results" of a
divided, and, therefore, a diminished, responsibility were
painfully apparent. The senate often adopted a policy in
dealing with another state which individual senators, had
they been magistrates vested with supreme power, would
have scorned to follow. The harmony which existed
between the senate and its commanders in the field during
this period is remarkable, and it is surprising that a series
of great wars could have been brought to a successful com-
pletion under the joint management of a commanding officer
in the field and a jealous legislative body of three hundred
members at home. It devolved upon the senate not only
to maintain a supervision over the military operations carried
on simultaneously at different points and to provide money
and troops for the various campaigns, but also to assume a
general care of newly acquired territory in Italy or abroad.
The last-mentioned duty imposed on the senate the respon-
sibility of drawing up a constitution for the community in
question, or of ratifying a treaty with it, of taking necessary

^0 REPUBLICAN PERIOD: HISTORICAL

measures to protect it and hold it in subjection, of dividing |h.
the provinces among the various classes of officials, and of
receiving foreign ambassadors and deputations.

60. Magistracies. The subordination of the magistrate
to the position of minister of the senate involved a certain
loss of prestige on his part, but it hjought partial compeD-|iiae
sation with it. The development of' the powers of the
senate gave an added value to the magistracies, since elec-
tion to one of them carried with it admission to the senate.
Indeed, from this time on the importance of a magistracy
consisted largely in this fact. Furthermore, the immense
gain which the senate made, after the development of an
imperial policy, in the variety and importance of its func-
tions, increased correspondingly the scope of the powers
which the magistrate enjoyed who followed its mandatory
advice. The determination of the senate to protect itself
against ambitious individuals found expression in various
laws affecting the magistrates which were passed in this
period. In 180 the tribune L. Villius secured the passage
of a law which fixed, directly or indirectly, the age at which
citizens might become candidates for the more important
offices (jquot annos nati quemque magistratum peterent cape-
renique) . By this measure the cursus honorum .was estab-
lished. Its observance would prevent an ambitious politicly
from riding into power on a wave of popular enthusiasm.
As early as the fourth century any one who had held a
given magistracy was ineligible for reelection to the same
office until an interval of ten years had elapsed. Even this
stringent provision did not satisfy the oligarchy, and toward
the close of the period we are considering, — that is, about
the middle of the second century, — reelection to the con-
sulship was absolutely forbidden. In the next century, how-
ever, Sulla reverted to the legislation of the earlier period.

SUPREMACY OF THE NOBILITAS 7 1

[ini 6i. Bribery and Ballot Laws. The laws against bribery

y asstnd providing for a secret ballot are also to be attributed

largely to the desire of the oligarchy to protect itself against

igisftmbitious and unscrupulous politicians. A careful study of

I ce^lie legislation against bribery would throw a flood of light

:om?cm the history of Roman morals during the last century of

of ^the republic, and undoubtedly men like Cato, in supporting

ice alegislation to check the evil, were actuated mainly by a

' sestiesire to stem the tide of degeneracy, but the real pur-

€isfe pose of the early laws on that subject was political. A new

'^^^B^ ^ex de ambitu was passed in i8i. A second followed in

^^ of 15^, The lex Gabinia of 139, which provided for a secret

^fe lallot at elections, the lex Cassia of 137, and the lex

P^*^ Papiria of 131, which made the same provision for meet-

^*p' ings of the comitia, respectively as a court and as a legisla-

^^ tive body, were intended to accomplish essentially the same

^■^ purpose as the laws against bribery, in a different but per-

^ haps in a more effective way.

^ 62. Change in the Number and Functions of the Praetors.
^ The only change of any moment in the magisterial system
2: was the addition of another praetor toward the end of the
? first Punic war, the increase in the number of these officials
5^' from two to four in 227, and to six in 197. The second prae-
^ tor was chosen to take charge of cases in which foreigners
i were concerned, and so received the title oi praetor peregri-
nuSy while his colleague, who presided in matters where only
citizens were parties to the suit, was known as the praetor
urbanus (cf. p. 187). The increase in the number of prae-
tors in 2 2 7 and 197 went along with a complete change in the
functions of certain members of the college, since the four
new praetors were not assigned to essentially judicial duties,
but were made governors of the newly acquired provinces
. of Sicily, Sardinia, Nearer Spain, and Farther Spain.

72 REPUBLICAN PERIOD: HISTORICAL

63. The Quaestorship and Dictatorship. The additioii
four new quaestors in 267, which raised the number in
college to eight, brought with it' no radical change in
duties of those ofificials. It was a natural cdnsequei
of the extension of Roman territory. The new quaesi
were the financial representatives of the central gove
ment in the various sections of Italy. It is significant
the thoroughness which the senate showed in carrying
its oligarchical policy that dictators for other than s
temporary and special purposes as the holding of an e
tion during the absence of both consuls, or the am
driving of a nail in the wall of the temple of Jupiter, v
rarely appointed during this period, and, when they v
chosen, they deferred, not less than the consuls, to
senate. The choice of a plebeian for the first time
pontifex maxitnus in 253 is little more than an echo f
the din of battle of an earlier period.

64. The Censorship. The censor's office became on
immense political and moral importance during the pei
which we are considering. His main constitutional fi
tions consisted in assessing the property of citizens,
preparing a register of them according to tribes, clas
and centuries, in drawing up the list of senators, anc
managing the finances of the state. The increased im]
tance of this magistracy was due to a variety of cai]
Foremost among these should be mentioned the precec
set by Appius Claudius in his performance of the dutie
that office in 312. We have already noticed (p. 54)
autocratic manner in which he changed the compositio:
the tribes and the centuries. The reaction of 304 was
a protest against the exercise of such powers by the cer
but rather a reversal of the action of one censor by anot
The right of the censor to make such radical change

SUPREMACY OF THE NOBILITAS 73

Vppius had made was, therefore, strengthened and not
Weakened by the events of 304. In fact, the reform of
iie centuriate assembly in 241 was probably due in large
treasure to the efforts of the censor. The immense increase
Ci the income and the expenditure of the government which
^suited from the prosecution of a long series of wars and
he acquisition of provinces, was a still more potent factor
ti giving importance to his office. The taxes levied in the
tew provinces were farmed out to the highest bidders, and
he contracts were mkde by the censor in the name of the
tate. Besides the income from this source, immense sums
>f money came into the treasury in the form of booty,
^emilius Paulus, for instance, brought home 300,000,000
esterces after the war with Perseus.

,It is difficult, with the scanty information we have, to
.ccouht for the development of the right to supervise the
norals of the people which the censor exercised in the
bird century. This is the probable course of events, how-
ever : In drawing up a register of a tribe or -a class it was
necessary for him to inquire closely into such matters as
he name, age, residence, family, and property of each
-itizen (cf. p. 192). It is probable that he gradually
extended the range of his inquiry to cover also the mau-
ler of life of citizens, without waiting for legislation to
luthorize him in taking such a course. Such action on his
part would find abundant justification in the determined
stand which the community was making against the degen-
erate tendencies of the time. In fact, the functions of the
censor made his office the natural agency to employ in the
effort to preserve the integrity of the Roman character.

65. Improvement in the Judicial System. A develop-
ment of some importance, which for convenience may be
mentioned in this connection, consisted in the improvement

»<i

74 REPUBLICAN PERIOD: HISTORICAL

of the judicial system, by sending praefecti iuri dicuni
various points in Italy to represent the praetor, and by
occasional establishment of judicial commissions to 1
the place of the popular assemblies in the trial of cer
criminal cases. The advantage which a small, select t
had over a popular assembly in such cases was so appai
that by the lex Calpumia of 149 a permanent court
established for the trial of magistrates guilty of pecula
in office, the so-called quaestio {perpetud) de (^pecm
repetundis. The historical importance of this innova
lies largely in the fact that it was the first step toward
organization which Sulla made in the next century
fairly complete judicial system. It is interesting to
that the offense, of which the first standing court wa
take cognizance, was extortion. Evidently the magisti
had already found it necessary to seek reimbursemer
the provinces for the great expenses attendant on an <
tion to office at Rome. The establishment of a coui
try those guilty of peculation goes hand in hand with
legislation against bribery. Little immediate gain coul
expected from the court, however, because its juries '
made up exclusively of senators, and could hardly be tn
to convict senatorial governors.

66. Reform of the Centuriate Comitia. The most <
prehensive political change of this period which affe
the whole people was the reform of the centuriate assei
about 241. That body was completely reorganized on
tribal basis. Each of the tribes was divided into sen
and iuniores ; then the members of each of these two
tions were assigned to classes according to their wealth
members of each class of seniores and iuniores formi
century. The division of each of the thirty-five tribes
centuries is indicated in the following diagram.

SUPREMACY OF THE NOBILITAS

Trihus

Century of ist class

Setitores

2d «

((

3d «

((

(«

4th ««

Sth ««

Century of ist clasA

2d "

((

3d "

luniores

4th "

« ,

((

5th "

e three hundred and fifty centuries thus formed there
I be added eighteen centuries of knights, four supple -
try centuries, not definitely enrolled in the classes, and
entury of proletarii^ making a grand total of three
ed and seventy-three. The property qualification for
sion to the several classes was henceforth calculated
money basis, and was probably raised for each class,
E this we cannot be sure. It is clear, at all events,
he new organization was of a far more democratic
:ter than the old one. In the old body the number
ituries in the first class, supplemented by the knights,
jeater than tlat in all the rest put together. The
:en centuries lof knights combined with the eighty
ries of that class constituted a majority. In the
led organization the number of centuries in each
was the same, so that the only advantage which
1 gave lay in the fact that the centuries of the upper
s were probably smaller than those of the lower
s, and yet had equal weight with them in voting.

76 REPUBLICAN PERIOD: HISTORICAL

In one other respect the organization fell short of beio
strictly democratic. The seniores in a given tribe, that i
the men between forty-six and sixty years of age, made d
five centuries, so that they had as great a voting power j
the iunioresy or men between seventeen and forty-six yea
of age, although by the natural laws of mortality there car
not have been more than half as many of the former \
of the latter in a tribe. Therefore, although the reforme
centuriate assembly was essentially democratic, wealth an
age enjoyed indirectly some advantages.

67. The Tribal Assemblies. Legislation of the fifth cei
tury, possibly the lex Aternia Tarpda of the year 454, ha
allowed magistrates, tribunes, and plebeian aediles to impoi
fines up to a certain limit. All cases involving a larg
amount than the minimum fixed could be appealed to tl
tribal assembly. The effect of this arrangement was
make the tribal assemblies criminal courts of appeal in :
but capital cases. This change had its political side,
enabled the tribune to hold a magistrate responsible for 1
conduct, but its value in this respect was in large measi
offset by the use of the court for partisan purposes. .
important step toward robbing the tribal assemblies of th
judicial functions altogether was taken toward the close
this period by the establishment, in 149, of the first qu(U.
perpetua (p. 74).

The most important laws of this period were passed
the tribal assembly. For instance, the leges Villia (p. ^
Gabinia (p. 71), Cassia (p. 71), Calpurnia (p. 74), \
various sumptuary laws, e,g,^ the lex Oppia and the
Orchia, were all plebiscita. The tribal assembly met wit
the city and had a simpler organization than the centur
assembly. Furthermore, the tribune who presided over
concilium plebis represented better than the magistrate

SUPREMACY OF THE NOBIUTAS JJ

>gressive sentiment of the community. The leges Aelia
Fufia of about 155 applied the auspices to the tribal
emblies for the first time. The senate secured the
ssage of this law for the purpose of preventing undesir-
le action in the tribal assembly, when all other forms of
position had foiled. As a defensive weapon, however,
s measure was of little avail.

68. Growth of the Proletariat. The economic changes
the condition of the people were far more serious than
e political. The immediate result of them was the
idening of the gap between the rich and the poor. A
imber of reasons may be given for the growth of the
foletariat on the one hand, and, on the other, for the
-quisition of great wealth by the favored few. The long
ars had taken the peasant proprietors from home, and
leir land, left without cultivation, rapidly deteriorated in
alue. HannibaPs occupation of Italy increased the dam-
9[e which had resulted from jieglect, and at the close of
le second Punic war a large part of the land in Italy had
assed out of cultivation. This change bore heavily on the
ee laborer also. The demand for his services was greatly
minished by the transformation of arable into pasture
id, and the introduction of a vast number of slaves
ought his wages down to a very low point and put a
gma on manual labor. The massing of landed property
the hands of a few and the employment of slave labor
ide the business of the peasant proprietor unprofitable,
•mpetition with the newly acquired provinces was still
>re disastrbus to him. The ranks of the proletariat,
ich were reinforced in this way by free laborers out of
rk and by bankrupt peasant proprietors, were still further
•lied by the manumission of slaves. Many of the slaves
o had been brought to Rome as captives during the wars

78 REPUBLICAN PERIOD: HISVORICAL

outside of Italy were clever artisans or good farmers, ;
their owners found it more profitable to manumit them,j
them a small capital, and share in the profits of the en
prise, than to retain them as slaves. This conditioi
things was somewhat relieved in the early part of the pa
by drawing off large numbers of the proletarii to the ne
established colonies. Ten or twelve colonies were foun
in the interval between 287 and the close of the sec
Punic war, and twice as many in the early part
the second century, but after 180 we hear of only
new colony, so that the proletariat lost even this forr
relief.

69. Amassing of Great Fortunes. The aggrandizen
of the rich kept pace with the impoverishment of the 1
die classes. Several states in southern Italy, which had s
with Hannibal, were punished after the close of the sec
Punic war by being deprived of a large portion of their
ritory. The rich men at Rome found little difficulty in
ting possession of the greater part of this confiscated ]
The acquisition of territory beyond the sea was of imni
value to the capitalist and successful politician. Or
one hand, it gave the Roman officials who were sent o
the provinces a good opportunity to amass fortunes a
expense of the provincials. On the other hand, the
quests in Spain and the East opened new outlets for t
which the special privileges granted to Roman citizens
the destruction of Rome's commercial rival, Carti
threw almost entirely into the hands of the Roman
chant and banker, and Roman capitalists began to reap
returns for the investment of their money. Another p
able field for" investment was the collection in the
provinces of the taxes which the state let out by cor
to private citizens. Since the provincials were wi

SUPREMACY OF THE NOBILITAS 79

5, and the ruling class at Rome winked at the extor-

demands of its representatives abroad, enormous
)S were made in a short time. The evils which
ly follow a sudden increase in wealth were aggravated

fact that the conquest of Magna Graecia and the
rought the Romans into contact with a highly devel-
:ivilization to which their previous simple life was in
i contrast. The development of luxurious tastes and
jans of gratifying them came simultaneously, and the
Oman rushed into reckless expenditure on his house-
nd his retinue with the intemperance which charac-

the parvenu. The long series of sumptuary laws,
began with the /ex Oppia of 2 15, is in itself a striking
Df the tendency of the time. The attempt to check
3wing evil by legislation was of as little effect as such
usually are. In fact, the lex Oppia itself was repealed
t had been in force only twenty years. The severe
res which the censors took to check extravagance
)f as little permanent value.

Political Results. The immense increase, on the
ind, in the number of freedmen, and of freemen out
k, and, on the other, the acquisition of large fortunes
2w, had a most disastrous effect on Roman politics.
5 number of freedmen and of those who had lost their
5s or their occupation in the country districts drifted
ne and were admitted to the popular assemblies, in

as their property allowed it. Their votes were in
cases to be had by the candidate who gave the most
m, or whose games were the most magnificent. The
) punish bribery and to provide for a secret ballot, to
reference has already been made (p. 71), furnish an
don of the growing demoralization of the popular
)lies. The great inequality in wealth had another

So REPCBUCAI? PERIOD: HISTORICAL

nnfoitniiate political icsolt. It g»re lise to a spirit
dependence among the great mass of the people, in so
cases of hostiiftr toward the rich <mi die part of the pc
which found expie^on in class legislation of various kill
Thus, in 2 1 7, the democratic leader Flaminias secured
passage of a bill lowering die money standard; in 211
commission was established to £icilitate the negotiatioi
loans ; and in the same decade a law was passed prohibi
senatois from owning ships of more than a certain tonn

71. Tbe Goiiqiiest of SontlKni Italy. The conclusio
the third Samnite war had aheadv made Rome mis'
of central Italy. A petty quarrel with Tarentum, in
opened the way for her conquest of southern Italy,
the war which followed, the Tarentines and their alli(
southern Italy were unable to cope with Rome and sei
Pyrrhus, the king of Epirus, for help. He inflicted a «
defeat on the Romans near Heraclea in 280, and adva
through Samnium and Campania to the borders of Lat
but at that point he turned back. Again, iA 279, Py
was successfiil at Asculum, and negotiations lookin
peace were entered into ; but the appearance of a Ca
ginian fleet at Ostia offering help induced the Roma]
refiise all terms. The urgent requests which the Gree
Sicily made for help, and his discouragement over the
of affairs in Italy, led Pyrrhus to cross to Sicily in
After an unsatisfactory campaign in that island, he rett
to Italy in 275, was defeated by the consul M*. Curi
Bene ven turn, and retired permanently from Italy, le*
Rome free to bring the cities in the lower part o

.^peninsula completely under her control.

72. The First Punic War. The harmonious rela
which existed between Carthage and Rome during the
with Pyrrhus were brought to an untoward end b}

SUPREMACY OF THE NOBILITAS 8 1

i: course of events in Sicily. Besides her possessions in
: Afiica, Carthage controlled Sicily, with the exception of
- Syracuse and Messana, and also Sardinia, Corsica, the
~i- Halearic islands, and the south coast of Spain. An oppor-
-^ ^nity . presented itself in 264 to make herself mistress of
^ -' Messana also, and she eagerly embraced it. One party in
^ this city, however, appealed to Rome for help, and the
"^~ senate was forced by popular clamor to send the consul
^- Appius Claudius to its assistance. The Romans were suc-
'^ cessiul on land, but they found that such success would
^ count for little as long as Carthage controlled the sea.
-^ Accordingly they fitted out a fleet in the year 260 which
won a great victory off Mylae, and from this time on the
contest was in large measure a struggle for naval supremacy.
In feet, the defeat of the Carthaginian fleet by Catulus in
241 brought the war to an end. Had it not been for their
new allies, the Romans would have been helpless in such
a struggle, but the seamanship of the Greeks of southern
Italy, and the knowledge which they had of the Sicilian
coast, helped to offset the naval experience of Carthage.
By the terms of peace Carthage gave up Sicily to Rome,
surrendered her prisoners, and agreed to pay a war indem-
nity of 3200 talents. Three years after the close of the
war, in 238, when she was weakened by a long-continued
mutiny in the army, she was forced to give up Sardinia and
Corsica also.

73. War with the Kelts and Ill3^rian Pirates. In the
years which followed the first Punic war, Rome strengthened
her position in Italy and on the Adriatic. She was startled
in 225, however, by the news of a fresh Keltic invasion on
the part of the Boii and Insubres and Transalpine merce-
naries. Notwithstanding the enrollment of 150,000 men
for the protection of Italy, the invaders advanced as far as

82 REPUBLICAN PERIOD: HISTORICAL

Clusium in Etruria, and defeated a detachment of the
Roman anny; but the approach of another strong force
obliged them to retire, and they were crushed between the
two Roman armies at Telamon in Etruria. The submission
of the Boii followed in 224; that of the Insubres, who
resisted more stubbornly, in 222. The northern frontier
of Italy was secured by planting colonies at Mutina, Pla-
centia, and Cremona, and by building a miUtary road, the
via Flaminia, to Ariminum. The war which broke out
against lUyria in 229 had the two practical results of freeing
Italian trade in the Adriatic from the depredations of the
Illyrian pirates, and of throwing Rome into the cauldron of
Greek politics.

74. The Second Punic War. The rapid progress which
Carthage was making in Spain disturbed the Romans to
such an extent that a treaty was made with her, by the
terms of which she agreed to limit her acquisitions to
the region south of the Ebro. The city of Saguntum lay
south of that river, but it was not considered necessary to
provide for her independence in the treaty mentioned,
because she was in alliance with the Romans. The attack
which Hannibal made on that city in 219 was, therefore,
a direct affront to Rome. The Carthaginians refused to
grant redress, and preparations were at once made in
Rome to fit out expeditions against Spain and Africa. But
Hannibal, by a rapid march into northern Italy, which he
reached with an army reduced to 26,000 men, put the
Romans on the defensive, and by brilliant victories on the
Ticinus and the Trebia in 218, at the Trasimene lake
in 217, and in the following year at Cannae, put the
supremacy of Rome in Italy in extreme peril. In fact,
the battle of Cannae was a signal for the withdrawal of
almost all the cities of southern Italy from their alliance

SUPREMACY OF THE NOBILITAS 83

with Rome. Only a few seacoast towns remained loyal,
or were held in subjection by garrisons. In spite of these
great disasters the spirit of the Romans was not broken.
They adopted, however, the policy of avoiding a direct
trial of strength with Hannibal, and devoted their energy
to cutting off all his sources of supply. With this object in
view they sought to regain the Italian cities which had
allied themselves with Hannibal, or had been conquered
by him. With the same purpose in mind they carried
on a vigorous campaign against the Carthaginians and
their allies in Spain an^i^icily. The result of this policy
was that Spain, the great center of Carthaginian strength,
was overrun by the Romans, and Hasdrubal, Hannibal's
brother, after coming into Italy in response to HannibaPs
urgent request for reinforcements, was defeated and slain
at the Metaurus in 207, and Hannibal himself stood alone
with his little army in a comer of Italy. The Romans
were now ready for a bold stroke, and in 204 the senate,
yielding with some hesitation to popular demand, sent over
to Africa young Scipio, who had distinguished himself in
Spain. The audacity of this step was justified by the
complete victory which the Roman army won at Zama in
202 over Hannibal, whom the Carthaginians had hastily
recalled. By the terms of the peace, which was concluded
in the following year, Carthage was stripped of all her
foreign territory, and even in Africa Numidia was declared
independent. She was, furthermore, forbidden to wage war
abroad, and in Africa except with the consent of Rome.
She gave up her fleet also, and agreed to pay an indemnity
of 10,000 talents.

75. First Macedonian War. The most important result
of the war against the lUyrian pirates, as we have already
noticed, was the fact that Rome's new acquisitions placed

84 REPUBLICAN PERIOD: HISTORICAL

her in a position where she would be easily involved in the
meshes of Greek politics. The inevitable entanglement
came in 2 14. King Philip of Macedon, with an envious eye
on the Roman possessions on the Illyrian coast, took advan-
tage of Rome's weakness, after the battle of the Trasimene
lake, to form an alliance with Hannibal, promising him help
in Italy in return for the above-mentioned Illyrian towns.
Rome was forced to accept Philip's challenge, but her main
purpose in the war which followed was to prevent him from
giving help to Hannibal, so that she was content, in the
main, with putting herself at the head of the Greek states
opposed to Philip, and not unwillingly made peace with him
in 205 on terms which extended the limits of Macedonian
territory.

76. Second Macedonian War. But the successful comple-
tion of the second Punic war left Rome free to deal with
the Eastern question, and the development of Philip's
ambitious plans seemed to make interference necessary.
He had formed a plan with Antiochus III of Syria for
the division of Egypt, and while Antiochus occupied him-
self with the conquest of Coele-Syria, Philip seized Egypt's
possessions on the Aegean. Rhodes came to their relief,
and later joined Athens and Egypt in asking help from
Rome. Philip refused to grant the demands which a
Roman embassy made on him at Abydos in 200 that he
should make peace with the Greeks, give up the territory
which he had taken from Egypt, and submit his quarrel
with Rhodes to arbitration — and war was declared at once.
Rome was assisted by Rhodes and by Attains, king of Per-
gamum, and with their help forced Philip to yield after the
battle of Cynoscephalae in 197. Philip gave up his con-
quests, withdrew from Greece proper, surrendered his fleet,
and paid a war indemnity. The Greeks were declared free,

SUPREMACY OF THE NOBILITAS 85

and Rome's friends and allies in Greece were treated with
unparalleled generosity. By adopting this plan, instead of
following her usual policy of territorial aggrandizement,
Rome furnished a proof of her admiration for the Greek
civili2ation, and avoided rousing the passionate opposition
of the whole Greek world. What motive determined her
course it is hard to say.

77. War with Antiochus. In the meantime Antiochus
had completed the conquest of Coele-Syria, and in 197
proceeded to seize the Egyptian possessions on the south
coast of Asia Minor. Notwithstanding the urgent appeals
of Emnenes of Pergamum and the free Greek cities, Rome
could not be induced to interfere with the movements of
Antiochus in Asia, but when he crossed the Aegean sea in
192, on the invitation of the Aetolians, an army was sent
against him. His utter defeat at Thermopylae in the year
191 drove him out of Europe, and vindicated the main
principle for which Rome was contending, that of the non-
interference of foreign potentates in European politics ; but
the opportunity to break the power of Antiochus was so
promising that the Romans followed him into Asia, and
inflicted a crushing defeat on him at Magnesia in LydiA
in the year 190. Peace was made on condition that he
should retire beyond the Taurus, pay 15,000 talents, and
limit his fleet to ten ships of war. Rome*s allies were flat-
tered by being allowed to take part in the peace negotia-
tions, and were rewarded for their services by valuable gifts
of territory.

78. The Third Macedonian War. Among others, Philip
of Macedon had supported the Romans loyally, and in
return he received Demetrias and a certain amount of
territory in Thes9aly and Aetolia. But, suspicious of his
growing influence in Greece, the Romans a few years later

86 REPUBLICAN PERIOD: HISTORICAL

took his new possessions from him. Their suspicions were
not without justification. Jealousy of Rome's interfer-
ence in Greek politics was growing rapidly; the national
spirit of the Greeks was developing, and Philip cleverly
appealed to both these sentiments. His successor, Perseus,
strengthened the position of Macedonia by alliances with
his neighbors. The attempted assassination of Rome's
friend, Eumenes of Pergamum, at Delphi, at the supposed
instigation of Perseus, and the support which Rome gave
to a petty Thracian prince banished by Perseus, fiuined
the smouldering embers into flame, and war broke out in
171. Success attended the Macedonians at the outset,
and the Romans pretended to consider favorably the pro-
posals of peace. Their real purpose, however, was to
crush Macedonia completely, and this object they accom-
plished by their success at Pydna in 168. The former
kingdom of Macedonia was divided into four parts, each
independent of the other, and one-half of the tribute for-
merly paid to the king was turned into the Roman treasury.
79« Subsequent Changes in Macedonia, Greece, and Spain.
The partition of the country led to endless confusion, and
a pretender, named Andriscus, took advantage of this state
of things to put himself at the head of reunited Macedonia.
He was defeated without much difficulty in 148, and Rome
at once made Macedonia a province, adding to it southern
Illyria, Epirus, and Thessaly. The settlement of affairs in
Greece proved to be equally unsatisfactory. The Greek
states were constantly quarreling. The hostility toward
Rome was persistent, and the Achaean league was devel-
oping strength and confidence in a way which threatened
to make it the central point of an uprising. The trouble
reacheid a climax in 147, when the Achaeans declared war
against Sparta, in spite of warnings firom Rome against the

SUPREMACY OF THE NOBILITAS 8/

adoption of such a course. The Romans put an army in the
field at once. The Achaeans on their side were joined by
the Boeotians, Euboeans, Phocians, and Locrians. The war
was of short duration, and after its conclusion the Achaean
league was disbanded, Corinth destroyed, and the greater
part of Greece was placed under the supervision of the
governor of Macedonia. The policy of Rome in Greece
and the* Orient was, not to extend her sovereignty, but to
weaken the strong powers already existing in those quar-
ters and to prevent the growth of new ones. In the unciv-
ilized West her purpose was very different. In Spain she
acquired from Carthage, as a result of the second Punic
war, only the southern portion of the peninsula. This terri-
tory was divided into two provinces and assigned to prae-
tors. The unwise and cruel rule of the Roman governors
and their subordinates brought on an uprising in 154, which,
beginning first with the Lusitanians, spread far and wide,
and cost the Romans twenty years of determined effort to
crush. After the fall of Numantia in 133, the last point
of resistance, peace reigned in Spain for many years.

80. The Third Punic War. The Romans looked across
the Mediterranean at the regeneration of Carthage after
the second Punic war with unmixed anxiety. Masinissa of
Numidia took advantage of their jealous attitude to claim
on one pretext or another certain possessions of Carthage,
until at last the Carthaginians were driven to the point of
making war on him. This step was in contravention of the
treaty of 201, and Rome, therefore, sent a strong army
across to Carthage in 149 ; but three years of hard fight-
ing intervened before the city could be taken. Carthage
and the cities faithful to her were destroyed ; a part of the
surroimding territory was given to her neighbors, and part
was taken by Rome herself.

88 REPUBLICAN PERIOD: HISTORICAL

8i. Development of Imperialism. The long series of wars
which came to an end with the capture of Carthage in 146,
left Rome in possession of large tracts of new territory
outside of Italy. Sicily, with the islands of Sardinia and
Corsica, she felt compelled to hold for the protection of
Italy. Spain had shown itself in the second Punic war
such a point of vantage for Carthage that it seemed neces-
sary to take it under Roman control. A large party at
Rome had come to feel that the safety and growth of their
native city required the destruction of Carthage, and, after
she had been destroyed, it could be regarded as a matter
of duty to give the conquered peoples some form of stable
government. In the case of Macedonia, at the end of the
first war the form of government was left unchanged, and
even after the second war autonomy was granted to the
four sections into which the country was divided. A
Roman government was imposed on the people only after
other plans had failed. In other words, it seems clear that
Rome did not deliberately adopt a policy of conquest and
territorial aggrandizement outside of Italy, but the protec-
tion of her own interests seemed to make an extension of
territory necessary in each case. The successful prosecu-
tion of these wars, however, developed the thirst for con-
quest ; the legitimate and illegitimate profits from the new
territory appealed to the commercial spirit and the greed
of the Romans, and the control of Spain, Italy, Sicily,
Sardinia, Macedonia, and Africa, which made Rome the
strongest power in the Mediterranean, suggested inevitably
the rounding out of her possessions by the conquest of Asia
and Egypt.

82. The Model adopted for Provincial Government. The
Romans organized a definite government in Sicily and in
Sardinia and Corsica in 227, in the two Spains in 197, and

SUPREMACY OF THE NOBILITAS 89

.n Macedonia and in Africa in 146. The earliest form of
provincial government was an adaptation of the system
vhich had been introduced throughout Italy, with two
mportant modifications, however. The relations which
lie Italian communities bore to one another were under
lie direct supervision of the senate. Such supervision
V'ould be impossible in most cases for territory outside of
-taly. Imperial interests were, therefore, placed in the
i^nds of a Roman governor. The second important differ-
ixice consisted in the fact that the provincials were subject
o taxes which were. not imposed on the Italians. This is
*.ot to say that in other respects the provincials were as
v-ell off as the Italians. In practice their condition was
iQuch worse, partly because they were largely at the mercy
>f a governor who was allowed a large liberty in his man-
t^ement of the province, whose transgression of the prin-
ciples laid down to check his exercise of autocratic power
t was almost impossible to punish.

83. The Lex Provinciae and the Governor. The govern-
iQent of territory outside of Italy was a new problem for
iie Romans, so that various experiments were tried with the
Jsarliest provinces before an essentially permanent system
vas adopted. But firom 146 down to the later years of the
*epublic, the senate drew up a set of regulations for each
iew province, and sent a commission of ten to the province
to cooperate with the commanding general in putting them
Jito execution, and in arranging such details as seemed
Necessary. This body of regulations formed the lex pro-
^inciaey or constitution of the province. The first period in
the history of the provinces extends to the time of Sulla.
Dp to that time provision was made fgt their government
t>y an increase in the number of praetors as provinces were
^om time to time acquired. The provincial governor had

90 REPUBLICAN PERIOD: HISTORICAL

the right to collect money and supplies for wax, commaiw
the troops in the province, and exercised jurisdictioii
criminal and civil cases. In criminal cases he could e
impose a sentence of death, although Roman citizens, a
a certain date, had the right of appeal. In his adminis
tion of provincial affairs he was bound, at least theoretica
by the lex provincial Money, troops, and subordii
officials were provided by vote of the senate.

84. The Status of Communities in a Province. A 1
form system of government was by no means adopted
all the people within the limits of a single province,
fact, the way in which the degree of civil liberty enjoyec
the peoples in different cities under one governor varie
one of the unique features of Roman provincial govemm
The Romans accepted in most cases the political i
which they found already in existence, and treated
different communities generously or harshly, accordin
their previous attitude toward Rome. Cities which
proved themselves faithful friends were made dm
liberae. Those which surrendered became civitates si
diariae, while those which resisted to the end, like Cart
or Numantia, were ordinarily destroyed. Civitates II
were classified as civitates foederatae or civitates sinefo
immunes et libercu, according to the basis on which
independence rested. The independence of commui
of the first class was formally recorded in duplicat
bronze tablets. One of these tablets was preserved 01
capitol at Rome, the other in the city concerned. Cor
nities of the second class received their independence
lex or senatus consultum. Its permanence was, then
conditioned on the favor of the Roman people or se
The civitates liberae were not allowed to deal directly
other states, but they were permitted to coin mone)

SUPREMACY OF THE NOBILITAS 91

ceive exiles, and in domestic affairs they were independ-
it of Rome. The citizens of such a community were
Led before their own courts, were left untaxed by Rome,
id were subject to no other obligation than that of fur-
shing such a number of ships or of troops as might be
Lpulated in the treaty. The constitution of a civitas sti-
tndiaria was drawn up by a senatorial commission, or
nbodied by the provincial governor in an edict. It
mally permitted the community to retain its senate, pop-
lar assemblies, magistrates, and courts, and to conduct in
sneral the administration of local affairs ; but all this was
one under the supervision of Roman officials. Thus the
ovemor supervised the choice of senators, allowed or
)rbade the holding of the local comitia, and examined the
ity's finances. Upon the land of such a community a
ixed tax, or stipendium, was laid, or a certain proportion
'f the annual returns, />., a vectigal, was paid to the Roman
ovemment. As time went on, the Romans more and more
irely granted to a community the rights of a civitas libera,
Q some provinces municipia and colonies were established,
ut their position was the same as that of corresponding
immunities in Italy, with the important exception that
ich communities in the provinces were subject to all the
gular provincial taxes. The condition of things in one of
le earlier provinces maybe illustrated by the case of Sicily,'
which there were three civitates foederatae^ five civitates
herae et immunes, thirty-four civitates decumanc^, paying a
nth of the produce from the land, and twenty-six civitates
tsoriae, whose territory was made' state land.

92 REPUBLICAN PERIOD: HISTORICAL

Selections from the Sources

r4^
ILV

Outbreak of Tarentine war: Liv. £p. XII. — Heraclea: Liv. Ep.
XIII; Plut. Pyrrh. 16-17. — Pyrrhus crosses to Sicily: Eutrop.
II. 14. — Beneventuxn: Liv. ^/. .XIV; Eutrop. II. 14. — Outbreak
of first Punic war: Polyb. I. 10-12; Gell. XVII. 21. 40. — Blockade
of Agrigentum : Polyb. I. 17. — Naval victory of Duilius : Wilm. £jf.|Qc
Inscr. 609; Polyb. I. 22-3; Eutrop. II. 20; Tac. Ann. II. 49.-
Capture of Regulus: Polyb. I. 33-5; Liv. Ep, XVIII.— Hayal
defeat at Drepana : Liv. Ep. XIX ; Eutrop. II. 26 ; Polyb. I. 49-52. j^

— Naval victory of Catulus : Eutrop. II. 27 ; Polyb. 1. 60-61 ; Liv.f/
XIX. — Peace with Carthage : Polyb. I. 62-3 ; Liv. XXX. 44. i'

— Acquisition of Sardinia: Polyb. I. 79 and 88. — Lex Flamiiiia
agraria: Polyb. II. 21; Cic. de Inv. II. 52; de Sen. 11. — IllyriaB
war : Polyb. II. 8 if . -r- Increase in number of praetors : Liv. Ep. XX.

— War with Insubres and Boii : Polyb. II. 23-34; Liv. Ep. XX. -Js
Fall of Saguntum (second Punic war): Polyb. III. 17; Liv. XXI.
14-15. — Ticinus : Polyb. III. 65 ; Liv. XXI. 39. 10 ; 45-6. — Trebia: |\^
Polyb. III. 71-4; Liv. XXI. 52-7. — Lex Claudia: Liv. XXI. 63.3

— Trasimene lake: Polyb. III. 83-4; Liv. XXII. 4-7. — Cannae: ji.^
Polyb. III. 107-1 17 ; Liv. XXII. 43-50. — Lex Minucia : Liv. XXIII.
21. 6. — Treaty between Hannibal and Philip: Polyb. VII. 9; Liv.
XXIII. 33-4 ; Eutrop. III. 12. — First Macedonian war : Liv. XXIV.
40. — Capua recaptured: Polyb. IX. 3-9; Liv. XXVI. 4-16.—
Treaty with the Aetolians: Liv. XXVI. 24. — Events in Spain: Liv.
XXVI. 41-51. — Colonies : Liv. XXVII. 9-10. — Hasdrubal defeated:
Polyb. XL 1-3; Liv. XXVII. 46-9. — Carthaginians expelled from
^^: Liv. XXVIIL 12-37.— Peace with Philip: Liv. XXIX. 12.

— Thirty-five tribes: Liv. XXIX. 37. 13-14. — Scipio crosses, to
Africa: Liv. XXIX. 24-7. — Zama: Polyb. XV. 5-16; Liv. XXX.
29-35. — Peace with Carthage: Polyb. XV. 18; Liv. XXX. 43.

— Second Macedonian war : Liv. XXXI. 5 ff . — Cynoscephalae :
Polyb. XVIII. i-io; Liv. XXXIII. 7- 1 d. — Treaty of peace
made : Liv. XXXIII. 30. — Number of praetors increased : Liv.
XXXII. 27. 6. — Lex Porcia de provocatione : Cic. de Re Publ. II.
54; pro Rob. perd. reOf 12; Gell. X. 3. 13; Liv. X. 9. 4. — Greece
proclaimed free: Polyb. XVIII. 27-9; Liv. XXXIII. 32; Plut.
Flamin. 10. — Lex Sempronia de pecunia credita : Liv. XXXV. 7. —
War with Antiochus: Liv. XXXVI. i ff. — Magnesia : Liv. XXXVIL

SUPREMACY OF THE NOBILITAS 93

7—44. — Leges sumptuariae: Liv. XXXIV. iS; Cell. II. 24;
dacrob. Saturn. III. 17. — Leges de ambitu and Leges tabellariae:
-iv. XL. 19. II; Cic. t/e Legg. III. 35; Brut. 106; Liv. Ep.
CLVII. — Lex Villia annalis: Liv. XL. 44. i; Cic. Phil. V. 47. —
IMiird Macedonian war: Liv. XLII. 52 if. — Pydna: Liv. XLIV.
to-42; Plut. Aem. 18-22. — Third .Punic war: Appian, Punic. VIII.
^4ff. ; Liv. Ep. XLIX. — Lex Calpumia de pecuniis repetundis:
-ic. Brut. 106; de Off. II. 75. — Andriscus: Liv. Ep. XLIX. —
Carthage destroyed: Appian, Punic. VIII. 127 ff. ; Liv. Ep. LI. —
Achaean war : Liv. Ep. LI I. — Nomantia taken : Appian, Hisp. VI.
54-98; Liv. ^/. LVII.

Criticism of the Sources^

^. Bottcher, Kritische Untersuchungen iiber d. Quellen d. Livius

im 21 u. 22 Buch, Fleckeisen, Jahrb. (N.F.) Suppl. V. 351-442.
Nfissen, Kritische Untersuchungen iiber d. Quellen d. IV. u. V

Dekade d. Livius. Berlin, 1863.
^oltau, Livius* Geschichtswerk (pp. 21-84, and bibliography, pp.

9-14). Leipzig, 1897.
^oltau, De fontibus Plutarchi in secundo bello Punico enarrando.

Bonn, 1870.
i^. B. Smith, Rome and Carthage. London, 1880.

Supplementary Literature, 1901-1910

i*'errero, The Greatness and Decline of Rome (to close of the reign

of Augustus), 5 vols. New York, 1907-1909.
\.udollent, Carthage romaine. Paris, 1901.

^ See also general bibliography oa p. 22.

!IZ

CHAPTER VI I ^

THE STRUGGLE BETWEEN THE DEMOCRACY AND

THE NOBILITAS

J be
85. Tiberius Gracchus. An investigation of the preced

ing period has revealed (pp. 77-80) the serious economic |^
and political changes which followed as a result of the
great wars. The republic had been at the outset, and for
several centuries afterward, a commonwealth of free land-
owners. Thi s great middle clas s wa s now swept out of
existence, and with it went the foundation on which the
state rested. The object of the movement connected with
the name of Tiberius Gracchus was to build this class up
again. His attention is said to have fceen called to tie
wretched condition of affairs in Italy when he was on a
visit to Etruria, where the evil had reached its greatest
height. He <-h(7Ug^^ '•^li ef could be _ha.d by assig"i"g stf^^
land to citizens, and, with this purpose in mind, he secured
an election to the tribunate for the year 133 and at once
proposed a reenactment of that clause of the Licinian law l^
which limited the amount of land to be held by an indi- |^
vidual to five hundred acres, with the modification that for
each of two grown sons two hundred and fifty acres in
addition should be allowed. That portion of the agerpubli-
cus, the control of which the state would resume under the
operation pf this law, was to be divided among poorjcitizens
on condition of the payment of a yearly tax. Payment for
improvements was to be made to those already in posses-
sion, but this claim on the Roman treasury was met by

DEMOCRACY AND NOBILITAS 95

5 inheritance which Attains III of Pergamum had lately
queathed to the Romans. A standing cominission of
ree, whose mem bers were to h€^ chosenannually, ///
n* agri^^mdtcandis adsignandis, was to carry out the pro-
dons of the law. This proposal was essentially different
>m earlier colonizing projects. It wqc HicHn ^tiy soc ial-
ic. Earlier colonies had been sent out to p oints of danger

hold, and^JO-^omanize, newly acquired territory. The
otection which they gave the state was a sufficient return
r the land which the state gave them. The new colo-
5ts were to be s ettled ^JBLp^^^^^^^ SA^ti^^s of Italy, and
ceived land ft'om t he government so lely by virtue of their
jveiity. The proposal of Tiberius naturally aroused the
Dlent opposition of the rich, whose profits from the ager
Muus would be materially diminished by its adoption.

was opposed on the ground that it revived an obsolete
ovision of a law passed two hundred years before, and
obably because it was a piece of class legislation, and
jcause it also diminished the public revenue. Believing
at he could not secure the support of the senate, Tiberius
bmitted his proposal to the people at once. This he had
constitutional right to do under the Hortensian law, but
en here he was thwarted by the veto of his colleague
Ct^us. Up to this point the question at issue had
;en a social one. It took on a political character when
iberius secured th e rem oya l^f Octavius from office by a
)te of the people. In fact, his agrarian proposal becomes
limportant in comparison with the constituiiojial qui^tion
volved in the removal of Octavius. While the long agi-
tion which culminated in 287 had established the general
•inciple that the will of the people expressed in their
;semblies constituted t he law of the land, their will had to
I ascertamea m a certam way, and the expression of it

(

96 REPUBLICAN PERIOD: HISTORICAL I

was subject to certain hindrances. One of the limitationsli 39
for instance, on the freedom of the action of the people|(iiire
in the comitia, consisted in the right of a tribune to intei-lbcic
pose his veto. Now, in securing the removal of Octaviusliitl
from office, Tiberius was acting on the theory that a rep-ji e

/resentative of the people ceases to be such when in a pai-|i|>cj
ticular matter he acts out of conformity with the wishes oflte

^ a popular majority. The logical application of this theoryliie:
in all cases would remove all constitutional limitations uponlg^
the expression and execution of the people's will, and would |ot
put the state absolutely under the control of a temporarylsgae
popular majority. The principle was not only out of har-lii^
mony with the genius of Roman political institutions, but ^
it is subversive of stable government. It found logical ^j^
expression in the democratic empire of Julius Caesar. ^
The agrarian law of Tiberius was adopted, but he himself ^
was killed while seeking reelection to the tribunate. r\

86. The Years following the Death of Tiberius. The i^-,
ten years which followed the tribunate of Gracchus werel?
years of comparative political inactivity. The development ^
of a democratic opposition to the nobilitas, however, went Iiq
on steadily. The passage of the agrarian law, and of other Ig:
less important measures, in a popular assembly against the ItQ
wishes of the senate had stimulated the activity of the tribal I'x:
assembly, and its importance, both as a legislative body and
as a center of political agitation, increased rapidly, and an
attempt was made to preserve its purity by the lex tabellaria
of the tribune C. Papirius Carbo, which supplemented the
lex Gabinia and the lex Cassia (p. 71) by providing for a
secret ballot, when the comitia met as a legislative body.
That the agrarian law of Gracchus was actively carried
out for some time is indicated by the census, which shows
an increase in the number of citizens from 318,000 in 135

DEMOCRACY AND NOBILITAS 9/

5,000 in 124. A large majority of these 77,000 new
IS must have gained their citizenship by becoming
(vners under the operation of the new law. The
of Tiberius Gracchus, therefore, by no means put
id to the agrarian movement. Another question, of
Ltical character, was brought into the foreground by
grarian legislation. The position of the Latins and
Italians was already bad enough. The passage of the
aw made it worse, since it took from them some of
privileges in the ager publicus, and therefore empha-
the disadvantage of their position when compared
that of Roman citizens.

, The Legislation of Gaius Gracchus. Accordingly, the
sity of settling satisfactorily th e land question and of
:ting the Italians tn th g ri p ;hts nf R oman citizenship
the two questions which confronted Gaius, the brother
>erius Gracchus, on his election to the tribunate in 123.
motives probably actuated him in the course which

11 as to bring t oj^n ftpri thp snprpmgry nf the senate.
:complish the latter purpose he sought to bring to his
)rt thrjTiT[]rtnriati nnd thfi knjchtj, the two non-sena-

elements in the community. He aimed at securing
vor of the former by the passage of a lex frutnentaria,
I put grain at the disposal of the poor at a price lower

the market rate. He favored the knights at the
ise of the senate by substituting knights for senators
e juries in the quaestio de repetundis. Since the equites
ery important financial interests in the provinces, while
►rovincial governors, whose cases were heard in this
, were senators, the change involved a great gain for the
:r and at the same time put the latter in serious peril,
ugh a number of laws had confirmed the citizen's

98 REPUBLICAN PERIOD: HISTORICAL

right to appeal to the people in cases of life or death,
the senate found means of suspending this rights when it fsni
wished to get rid of an enemy, by establishing a special
judicial commission or by passing a senatus consultutn ulti-
tnum. Both these devices had been used successfully against
Tiberius and his followers. A lex S emffroni^^ nf Q^ins fnr^
bade the appointment of sucE commissions, and denied
the validity of the^hierpfetation put on ^Si^ senatus con-
sultutn ultimum. The agrarian law of Tib erius, which ha d
not been carried out for several yearsT^^s reenacted^ 1 1
reaffirmed. The tribal a ssembly under the leadership of
Gains encroachedjLggressively on the traditional-preroga-
tive of the senate by taking part injhe control gf fn^-g ign
affairs, as it did in regulating the tax system i n Asia and in
founding -colonies. Of far-reaching importance was a law
which made it incumbent on the senate to decide which
provinces should be consular before the new magistrates
were chosen (cf. p. 237). Toward the end of his second
tribunate Gains took up the second great political problem,
which, as we have seen, confronted him at the beginning
of his political career, and proposed to give Roman citizen-
ship to-the-Latinsr-aadJatin rights to the other: Italian
allies; but at this point the selfish democracy, of Rome
deserted him. He became a candidate for the tribunate a
third time, was defeated, and, like his brother, met a vio-
lent death. The agrarian movement which had been insti-
tuted by Tiberius and Gains was summarily checked by the
legislation of 118 and iii, which gave the full rights of
ownership to those already occupying state land ; but the
other legislation of Gains remained in force. A still more
important result of the Gracchan movement was , the con-
sciousness which the democracy gained of its own^trength
and of the weak points in the position of the senate . ^

DEMOCRACY AND NOBILITAS 99

88. Maxius and the Wars with Jugurtha and the
unbri. In &ct, the weakness of the nobilitas soon gave
a.e chance of success. In 1 1 2 the government was com-
pelled by public sentiment to declare war against Jugurtha,
txe king of Numidia, who had not only dispossessed of
Keir rights his cousins, Adherbal and Hiempsal, and put
tkem to death, but had treated the protests of the Romans
^rith scorn. In the war which followed, the open purse of
xigurtha on the one hand, and tiie venality and incap acity
>f the senatorial leaders on the other, brought disgrace to
fie Kom an naTng_^rr"fTpfpat to the Roman arms. The
Popular party insisted on a change, and in 107 succeeded
n electing to the c onsulship C. Marius, a man of humble_
^th who had shown his ability at the siege of Numantia,
ind to him the control of the forces acting against Jugurtha
vas committed. Jugurtha was defeated and the war was
;peedily brought to an end. Marius was still in Africa,
Lrranging the affairs of the province, when he was elected
the consulship for the year 104 and intrusted with a
itill more serious undertaking. A horde of barbarians, of
[Germanic origin, from the shores of the North Sea, in
search of lands and booty, had swept southward toward
Italy, and in 113 defeated a Roman army under the con-
sul Cn. Papirius Carbo at Noreia (the modem Neumarkt).
After this victory the Qimbrian invaders were joined by
two Helvetian peoples, the Teutones and Tigurini, and in
Gaul in 109 inflicted a second defeat on the Romans under
M. Junius Silanus. Two years later the Roman consul
L. Cassius suffered a still more serious reverse at the hands
of the Tigurini, and in 105 at Arausio the combined forces
of the barbarians destroyed the two armies which the pro-
consul Q. Servilius Caepio and the consul Cn. Mallius
Maximus commanded, and left 60,000 Romans dead on

lOO REPUBLICAN PERIOD: HISTORICAL

the field of battle. This was the condition of affairs whenl
Marius entered on his second consulship in 104. Greats
anxiety prevailed in Italy, and complete distrust of thcr
senatorial regime. The withdrawal of the Cimbri toward
Spain and the inactivity of the other barbarians gave]
Marius an opportunity to reorganize and train his forces,!
so that later, when the enemy sought to enter Italy at two
different points, they were completely annihilated, thfije^l
tones at Aquae Sextiae in 102, and the Cimbri th^JfoUosongi

/year on the Raudine plain.
89. Satuminus and the Conservative Reaction. The bril-
liant successes which the novus homo Marius thus won in
,/ the Jugurthine and Cimbrian wars, following, as they did, on
1/ the disasters which the state had suffered under senatorial
I' leadership, inflicted a severe, blow on the prestige of the
I senate, and the democracy was quick to take advantage of
the situation by allying itself directly with Marius. For
the year 100 he was elected consul for the sixth time,
and liberal assignments of land in Africa were made to
his veterans in a measure introduced by the tribime
Satuminus ; but the radical character of the agrarian bills
which Satuminus brought forward in his second tribunate
in 100, and the forcible means which he and the praetor
Glaucia used to secure their passage, alienated a large part
of the people, and drove even Marius over to the opposi-
tion. In the reaction which followed, the laws of Satur-
ninus were repealed, and an attempt was made t o check
hasty legislation in the comitia in the future by the Ux
Caecilia Didia of the year 98, which provided thaTaTill
shoiild be published seventeen days before it could be sub-
mitted to the people for action (cf. p. 254). This measure
also forbade the inclusion of different matters in the same
bill.

DEMOCRACY -ANJ?; NOBtLiy^S;

ibi

90. Drusus and the Italians. It is a strange illustration
r the irony of fate that M. Livius Drusus, the son of the "
:>nservative whose clever manoeuvres had brought political
Lsaster and death to the younger Gracchus when he tried
> ameliorate the political condition of the Italians, should
ave been the man who revived the movement to relieve
xe Italians, thereby losing his life. The ultimate political
Im of the younger Drusus, however, differed essentially
"om that of his predecessor. C. Qracchus_had...trie.(i to
verthro w the senate by combining all the other forces in
y Statf^ flgains^ it. DrusuS; on the other hand, sought to
trepgthe^ the conservative position by removing the prih-
ipalcauses of discontent,^ot only in Rome but in all
taly. He sought to concfliate the poor by an agrarian law
nd a corn law. He tried to reconcile the senate and the
nights by a measure which made both senators and equites
ligible for jury duty, and finally he promised citizenship

) the discontented Italian allies. But the selfishness .nf-
11 the parties concerned hrniig ht_his efforts to naught.
)espairing of the support of the senate, he submitted
irectly to the popular assembly a bill with clauses embody-
ig his plans with reference to the distribution of grain, the
ssignment of land, and the composition of the juries. The
leasure was passed in spite of violent opposition, but his
ubsequent proposal to give citizenship to the allies alien-
ted the people, who were unwilling to share their privileges
dth others, and Drusus became a victim of popular passion,
s C. Gracchus had been. The senate had by this time
lustered courage enough to declare that the laws already
lassf d werej n contr av entio n of the lex Caecilia Didia, and
berefore invalid.

91. The Social War. The bill which Drusus submitted
1 the year 91 was the last of many attempts to better the

" " " m' V** w** '*• *

lO:?. : :.- RE^U^tfCJAN teRlOD: HISTORICAL

W^ • to«k>»bk

condition of the Italians by conservative methods. Wh
like its predecessors, it resulted in failure and was follow
by severe repressive measures directed against them,
discontent of the Italians broke out into an open revolt
which all except the Latins and the aristocratic states
Umbria and Etruria joined. The loosely organized c
federacy which they formed had its capital at Corfini
and imitated the Roman system in having a senate i
five hundred members, two consuls, to represent res]
tively the Oscan and I^tin speaking peoples, and tw
praetors. The Italians were as good soldiers as
Romans; they found able leaders, and they were b(
prepared for war than the Romans. Consequently,
advantage in the early part of the war, which began in
rested with them, and when the Umbrians and Etrus
showed signs of joining the confederacy Rome thougl
wise to make concessions. Within a year after the
break of the war the consul L. Julius Caesar secured
passage of a law granting citizenship to the allies who
remained loyal, and in the early part of the next year
on the proposal of the tribunes M. Plautius Silvanus
C. Papirius Carbo, the lexJPlautia Papiria was passed,
viding that j^ogoan riti.genship shpuld be giYen_tCL.the
zens of^allifid. slates who should register their names
a Roman praetor inside of sixty days. The lex Pompe
the same year gave Latin rights to the Transpadanes.
newly made citizens were, however, assigned to eight ti
and this fact limited their influence. These conces
placated a majority of the Italians, and the smould<
embers of revolt among the Bruttii, in Samnium, an
Lucania were stamped out in the following year.

92. Sulla and the Mithridatic War. The state of a
in the East was the immediate cause of the next tri

DEMOCRACY AND NOBIUTAS IO3

strength between the two parties at Rome. The Romans
lad been so engrossed with affairs in Italy that they had
not heeded the rapid development of a new power in the
Orient. For twenty years or more Mithridates Eupator,
the king of Pontus, had extended, his power without serious
t undranc ejn.Asia- Minor and along the north shore of the
Euxine. At last he came into conflict with the Romans in
Bithynia, and war broke out in _88^ The Roman forces
in the East proved to be no match for Mithridates, and the
conduct of the campaign was intrusted to one of the con-
suls, L. Cornelius Sulla, who had distinguished himself in
the Social war and had some knowledge of the Eastern
question.

93* Sulla, K^ius, and Cinna. Marius, however, coveted
t he position and formed a compact with the tribune P.
Sulpicius Rufiis, as he had earlier with Satuminus. Under
the leadership of Sulpicius laws were passed giving the
Italians access to all the tribes and assigning the command
of the 'forces acting against Mithridates to Marius. Sulla,
who had not yet left Italy, returned with his army ; Marius
fled, and the laws of Sulpicius were repealed. The power
offfie tribune to do mischief was curtailed by a law which
made the preliminary approval of the senate necessary
before the concilium plehis could act upon a measure, and
probably the Servian organization of the comitia centuriata
was restored. Then Sulla set out for the East,, leaving as
consuls for 87 the aristocrat Cn. Octavius and the demo-
cratic leader L. Cornelius Cinna. Dissensions sprang up
between them at once. Cmna was driven out of Rome by
Octavius, but, with the assistance of Marius and his vet-
erans, he returned and made himself master of the city.
The ^democratic party was at last installed in power,^^but
the record which it made was not one to be- proud of. Its

I04 REPUBLICAN PERIOD: HISTORICAL

leaders not only violated well-established traditions, as,^^
for instance, in admitting young Marius to the consul-
ship before he had reached his twentieth year, but theyl
also transgressed the essential principles of democracy ini
advancing men to the magistracies without waiting for a|
formal election and in substituting magisterial edicts for]
popular legislation. Furthermore, they had no comprehen-
sive political programme, -^^ulla— concluded a peace with
Mithridates in 85. In the spring of 83 he landed in Italy'
with his troops, and in the autumn of 82 overcoming all'
resistance captured the city.

94. The Legislation of Sulla with reference to the Senate.
Sulla had himself made dictator for an indefinite period
with the express purpose of reforming the constitution. His
tendencies were naturally conservative, and these had been
strengthened by his observation of the results which had
followed the democratic government of Marius and Cinna.
It is not strange, therefore, that his legislation bore a
marked reactionary character. His prima ry purpos e, in
so far as the home government was concerned, was to
strengthen the oligarchy, and especially the senate as the
official representative of that element in the community.
\ To increase its power as a law-making body, he reaffirmed
the principle that the preliminary approval of the senate
was necessary before a measure could be submitted to the
plebeian tribal assembly. This change robbed the tribune of
his power of initiating legislation and diminished the impor-
tance of the senate's greatest legislative rival. He lessened
the influence of individual magistrates by increasing mate-
rially the number of praetors and quaestors and by encour-
aging a system of dependence on the senate. Thereby the
importance of the senate as an administrative body was
correspondingly increased. The same change released it

DEMOCRAGY AND NOBILITAS 105

o from the control of the censor. The number of magis^
tes was henceforth large enough to fill the senate, and
5 censor no longer drew up the list of senators. Senators
re substituted for knights on the juries, and, since the
mber and competence of the courts were greatly increased
:. p. 1 06), the judicial duties of the senators became very
IX)rtant.

95. The Magistracies. To protect the oligarchy against
2 preeminence of any one man, Sulla secured a reaffirma-
►n of the principle that no o ne could be reelected to an
ice until an interval of ten years had elapsed, and estab-
hed definitely the cursus^ honorum. The number of prae-
rs was increased to eight, and the number of quaestors
twenty. This made the administration of the duties of
5se offices more efficient, but at the same time decreased
iir dignity. In the early period it had been customary
• magistrates to command the armies of the state during
iiT year of office. From this time on they were rarely
It to a foreign post until their term of office had expired ;
It is, they became purely civil magistrates during their
it year of office, and provincial governors the second
ir. ^ In this way the promagisterial system was defi-
ely instituted, although perhaps Sulla did not originate

It is possible that a practice already followed in many
ses was made the regular method of procedure after this
cie. The importance of the tribunate he lessened by
cing from its incumbent the right to initiate legislation
f. p. 104), and still more effectively by providing that
ex-tribune should be ineligible to any other office in the
ite ; that is, a citizen by accepting the tribunate lost all
lance of further political advancement.

96. The Courts. In originality, permanence, and prac-
::al value Sulla's reform of the judicial system was jperhaps

{

io6

REPUBLICAN PERIOD: HISTORICAL

of more importance than any other change made b y hi
He) reorganized the juriesj^ increased the number of pen
nent courts, ancfextended the judicial system so as to inclii
many new classes of cases. Since the time of C. Graccl
the juries had been composed exclusively of knights, ai
while the quaestio de repetundis, in view of its constituti
had exercised a restraining influence on the rapacity
senatorial governors, it had frequently been used by
equites to punish upright governors who had checked
extortionate practices of the financial representatives
the knights in the provinces. The Gracchan change
the composition of the juries had been made on pui
political grounds. It substituted one bad method
another. When Sulla restored the old practice ^^t,.put
senators on the juries, in -place of the kjaighls, he also
) actuated by political motives, and the judicial sys
'. in this respect was in as bad a plight as it had t
before. Justice could hardly be hoped for when
member of a closely knit political and social organiza
was tried before a jury made up of other members of
same body. In 149, as we have already noticed, a pei
nent court, the quaestio {perpetua) de repetundis^ had I
established for the trial of magistrates who were chai
with accepting bribes or otherwise unlawfully using
cial positions for their own advantage. Somewhat ]
another standing court had been established, the qua
de sicariis et venejicis, to take cognizance of attempt
the life of citizens. Following these precedents, Sulla
vided for criminal courts to inquire into serious attack
popular freedom, or into conduct prejudicial to the intei
of the state (de maie state), forgery (de /also), the us
unlawful means by candidates for office (de atahitu),
embezzlement of public funds (de peculatu). By the incr

DEMOCRACY AND NOBIUTAS

107

number of praetors to eight, presiding judges were
d for these courts, and their establishment practi-\
rought to an end the criminal jurisdiction of the
Henceforth justice was dispensed in a speedier,
, and surer ^^ray than had been possible before a
assembly. This change also involved differentia-
i classification of criminal offenses, and furnished a
c basis for the development of a complete criminal

The Priesthoods. In early times new members of
eges of priests were chosen by cooptation, and this
IS followed up to the year 104. After that time,
he operation of the l ex Do mitig^ new members
more important colleges were elected in. a partial
y of the tribes. Sulla restored the earlier method
tion, but in 63 the lex Domitia was put in force

Pompey and the War with Sertorius. In 79 Sulla
I the dictatorship and retired into private life. He

that he had established the oligarchy firmly and
had guarded it at every point, but his own career
d a fatal weakness in the conservative position.
ny was hencefort h arbiter of the fortunes of the
In fact, w ithin teiT^^eafs aTter Sulla's death, two
'Wn If^n^-^^q^^^^gj ?^i;^j^_g2}^ CrassuSj...used the

which successful ca mpaigns brought them to undo
part of his work. Poinpe;^ success was achieved
n- \\\^x of rrasRiiR jn Ttgjj jti^plf. During the
ncy of the democratic party in Rome the Marian
Q. Sertorius, had been sent out as governor of
Spain, and by his personal qualities, and his ability
)litical and military leader, he had succeeded in
g the various leaders of the senatorial party, and

I08 REPUBLICAN PERIOD: HISTORICAL

in making himself master of the greater part of the penin-
sula. He even formed an alliance with Mithridates, andj
there seemed to be a possibility of his crossing to Italy!
and putting the Marian party in power again. This was
the situation which forced the senate in 7 7 to give the
title of proconsul to Pompey, and send him out to Spam
with 40,000 troops, although he had not yet held even
the quaestorship. The war went on with varying success
for several years, but the reinforcements which Pompey
received from Italy and the treachery of the followers of
Sertorius at last turned the tide of battle in Pompey's
favor, and in 71 he was able to return victorious to Italy.

99. Crassus and the Slave War. Just as Pompey was
bringing the war in Spain to an end, Crassus was commis-
sioned to take charge of the campaign against the slaves in
southern Italy. The escape of a few gladiators from Capua
in 73 seemed an insignificant event; but when in a few
months their number had increased to 70,000, and they had
defeated the praetors Clodius and Varinius, the Romans
were thoroughly frightened. In 72 both consuls took the
field, but were also defeated. The destruction of this dan-
gerous force in the following year by the praetor Crassus, in \
a brilliant campaign of only six months, was, therefore, an
achievement which might well win for him the gratitude
and admiration of the Roman people.

100. Pompey, Crassus, and the Democracy. Both Pompey
and Crassus now returned to Rome to secure an election to
the consulship for 70 as a reward for their services in the
field. They found the democratic party fiercely attacking,
the reactionary constitution of Sulla. In fact, as early as
78 the democratic leader Lepidus had tried as consul to
annul some of its provisions. That party now agrgeijp *
elect Pompey and Crassus to the consulship in return for

DEMOCRACY AND NOBILITAS

rog

^« repeal of the most obnoxious SuUan laws ; and, thanks to
Slupport and to the presence of troops outside the gates,
^€ir candidacy was successful. The new consuls loyally
^jried out their part of the compact by removing the
^strictions placed on the tribunate, by providing that the
Jdes should be composed of senators'^ knights, and tribuni
^rarii^ and by restoring the censorship with the right to
[ass on the qu alifications of senators.

loi. The Gabinian and Mianilian LaWs. For several
cars the Cilician pirates had threatened the safety of the
cast towns, and had seriously interfered with commerce
a the Mediterranean and with the transportation of grain
D Rome. To meet the popular demand for a vigorous
•olicy, and to gratify Pompey's ambition for an important
ommand, A. Gabinius, a tribune, proposed in 67 that the
Drees acting against the pirates should be put in charge
f one man, with absolute power extending to a distance of
fty miles from the coast. The bill was carried in spite of
lie opposition of the conservatives to the extra-constitu-
ional provisions which it contained, and in a second meas-
re Pompey was named as commander.- The war with the
irates had scarcely been brought to a successful conclusion,
^hen the recall of Lucullus from the East, and the incom-
etency of his successor, W. Acilius Glabrio, gave Pompey's
dherents an opportunity to pass the Manilian law, which
onferred on him'the conduct of the war against Mithridates.
^he command. which he assumed under this law removed
*ompey from all direct participation in politics up to the
lose of the year 62.

102. The Conspiracy of Catiline. It is within this period
bat the CatiHnarian conspiracy falls. Looking at the polit-
:al side of the movement, at the outset it seems to have had
or jts,i ^'ect the improvement of the condition of certain

no REPUBLICAN PERIOD: HISTORICAL

cla sses i n Rome and throughout Italy by constitutional,]
or at least by peaceful, methods. Thejrepeated disappoint-
niellls which^ts readersTfietTn the years 66-64 led to the]
formation of a secret conspiracy, ready to use any mes
whatsoever for the accomplishment of its purpose. At this!
point the timid, the judicious, and in large measure the
respectable, supporters of the movement fell away, and its
further development was left in the hands of moral and
financial bankrupts or of honest fanatics and adventurers.
So, for instance, Caesar and Crassus supported Catiline and'
his sympathizers at the outset, just as they supported every
promising attack on the oligarchy ; but as the incompetency
of the Catilinarian leaders became apparent, and their plans
assumed a violent character, they withdrew from a venture!
which was sure to fail and to wreck the fortimes of those
concerned. The Catilinarian movement is similar in its
inception, in its development, in the character of its sup-
porters, and in its methods, to the other uprisings of the
party of discontent during the first century, for instance,
to those under Sulpicius in 88 and under Lepidus in 78.
It may be worth while to illustrate this fact from the case
of Lepidus, who, like Catiline, was an aristocrat, and had
personal qualities remarkably similar to those of Catiline.
Like Catiline he had been a follower of Sulla and had taken
part in the SuUan proscriptions. Like Catiline he proposed
radical and socialistic measures for the benefit of the honest
and the dishonest poor. Both men found adherents in Rome
among the bankrupt aristocrats, the poor freemen and
freedmen, and the democrats, and among the discontented
peasant proprietors in the country districts. In both cases
the rallying point of the movement outside of Rome was
Faesulae, a natural hotbed of agrarian agitation. The
leaders in each case were ready, if necessary, to resort to

DEMOCRACY AND NOBILITAS III

ot and bloodidied. The plan of operations was the same
L the case of both movements. The rural malcontents
ere to advance on Rome, and to be seconded by an upris-
kg in the city. The only essential difference between the
^o movements lies in the fact that Lepidus at the head of
is Italian force succeeded in reaching the gates of Rome,
whereas Catiline's armed band was checked and destroyed
efore it came to the city. On the side of the senatorial
arty there was the same general alarm, hesitation, and
acompetency shown in both cases.

I03« Political Effect of the Catilinarian Conspiracy. The
evolutionary tendencies of the Catilinarian movement and
ts suppression inflicted a severe blow on the democratic
)arty, because thatpaurty had evidently fallen into the hands
)f desperad oes, ^ 11 the forces whfcE stood for law and order
veie united against it, and Cicero might well pride himself
m the fact that the union tool^ place under his leadership.
Z. Gracchus had practically detached the knights from the.
:onservative party by putting the juries in their hands, and
iie partisan way in which they conducted the trials of sen-
itorial governors alienated the two factions still further.
By depriving the knights of the privilege which they had
enjoyed for almost fifty years, Sulla widened the breach
Detween them and the senate. The bitterness existing
t^etween the two factions can hardly have been lessened by
the hostility which the senate showed to the restoration of
the knights to a place on the juries in 70. Furthermore,
senatorial governors and the financial representatives of the
knights were continually at odds in the provinces, and the
*quites were undoubtedly provoked at the opposition of
the senate to the Gabinian law. Accordingly the harmo-
lious action in 63 of these hitherto discordant elements
nras a political event of great importance.

112 REPUBLICAN PERIOD: HISTORICAL

104. The First Triumvirate. The senate was, in fact, ^%Sa
elated by its success that, when Pompey returned from
toward the close of 62, it failed to confirm his arrangements]
or to grant suitable rewards to his veterans, and he wa&l
powerless to force it to yield. The result was that whea
Caesar returned from the propraetorship of Spain at the close!
of the year 61, he found it easy to make a private arrange-
ment with Pompoy tn their mutual advantage. Crassus ,^
too, with whom Caesar^ was already on good terms, waS'
induced to cast in his lot with them, and a private compact,
commonly known as the first triumvirate, was formed be-
tween the three men. In. the bargain it was stipulated
that Pompey's arrangements in Asia should be ratified,
that land should be assigned to his veterans, that Caesar
should have the consulship in 59 and a term of five yeais
as governor in Gaul, while to Crassus a fiiture consulship
was promised and probably a place on the Pompeian land
commission, or else certain tax concessions.

165. Caesar's First Consulship. The triumvirs carried
,^out the first item in their programme by electing Caesar to
the consulship for 59, but Bibulus, an extreme aristocrat, was
his colleague. The senate rejected the agrarian measure
which he proposed for Pompey's benefit, but he secured its
passage in a more radical form in the comitia, overcoming
by violent means the obstacles which his colleague threw in
his way. Pompey's course in the East was approved, and
on the proposal of the tribune P. Vatinius a bill was passed
assigning to Caesar, for five years, from March i, 59, the
provinces of Cisalpine Gaul and Illyricum, with an.army of
three legions, to which the senate, apparently of its own
motion, added Transalpine Gaul and a fourth legion, but
probably not for a fixed period. It is worth while to notice
that Caesar's governorship in Gaul began during his-term of

DEMOCRACY AND NOBILITAS US

»^ce as consul. Perhaps this enabled him to make certain
Lxrangements for his province which could not otherwise
kave been made.

io6. Humiliation of the Senate. Caesar did not care to
!^o to his province at the end of his consulship and leave
L^Eairs in Rome in the hands of two such unskilful political
caders as Pompey and Crassus, until he had crushed the
spirit of the senate and deprived it of its most dangerous
eaders, Cato and Cicero. Qato w as accordingly^ent to
Z)ypruson a mission which would take him from Rome,
ind which seemed pretty sure to ruin his reputation, while
[71ndiii«g, p^q g X-pajTirifln^ who was very bitter against Cicero,
wras allowed to becom _e trih^p^^ for 58. Clodius prepared
the way for his attack on Cicero by securing the passage
3f popular measures, which provided that grain should be
given gratis to the poor, that an announcement of unfe-
vorable auspices should not interfere with the meetings
of the concilium plebisy and that certain clubs of a semi-
political character should no longer be unlawful. Then he
carried through two bills banishing Cicero on the ground
that he had put the Catilinarian conspirators to death
without granting them an appeal to the people.

107. Renewal of the Triumvirate. But Pompey and
Crassus showed themselves incapable of managing affairs at
Rome. Clodius terrorized the city with his armed bands,
and gratuitously affronted Pompey to such an extent that
he forced him to make common cause with the sena-
torial party to the extent of securing Cicero's recall in the
autumn of 57. Cicero's recall was a triumph for the opti-
mates. The political incapacity of Pompey and rumors of
disagreement between the triumvirs encouraged them still
more, so that in April of the year 5 6 the senate took under
consideration a proposition to repeal the Campanian land-law

114 REPUBLICAN PERIOD: HISTORICAL

of 59. This action, which was directed against both Caesai jir a
and Pompey, brought about an immediate renewal of the:
compact between them and Crassus, and in accordance
with its terms Pompey and Crassus were elected to thelge
consulship for the following year, and, during their term of
office, secured the passage of laws assigning Spain to Pompey, |id
and Syria to Crassus, for five years, and prolonging Caesar's
proconsulship for the same period. Crassus set out for the
East toward the close of the year, but Pompey remained in
Rome.

108. Estrangement of Pompey and Caesar. The violence
and disorder, with their accompaniment of bribery and
political intrigue, which prevailed almost uninterruptedly |pc
from midsummer of the year 54, reached its climax in
January, 52, in a riotous contest between the followers of
Clodius, and Milo which resulted in the death of the demo-
cratic leader Clodius, and, as a last resort, Pompey was
elected sole consul fn the intercalary month df^This^ year,
This sudden elevation to extraordinary power completed
the separation of Pompey and Caesar. Pompey thought
himself at last in a position to crush the rival, who alone,
since the death of Crassus in the East, stood between him
and the realization of his hopes for supreme power.

109. The Question at Issue between Caesar and the Senate.
After assuming office Pompey secured the passage of laws
imposing heavier penalties for bribery and violence, and
prolonging his proconsulship of Spain for five years, also of
a lex de hire magistratuum^ providing that candidates for
office must appear in person a certain number of days
before the election, and that those who had held office in
Rome must wait five years before taking the government
of a province. Caesar, however, was exempted from the
operation of the first clause of the lex de iure magistratuum

DEMOCRACY AND NOBILITAS 1 15

:>y a special measure, and also by a provision unconstitu-
iionally appended to the law itself, as an afterthought, by
E^ompey. By a /ex Fompeia Licinia of 55, as we have
^tlready noticed, Caesa r's term of office was extended for a
period of five years — probably, therefore, to March i, 49 —
ind special legislation of the year 52 in his favor had allowed
bim to sue for the consulship in 49, without personally
attending the canvass. His successor in the provinces
^ould not naturally begin his term of office imtil January i,
48, and, in accordance with the regular practice in such
cases, Caesar might count on holding his provinces until
that time, when he would pass directly firom the provincial
government to the consulship at Rome, thus avoiding the
snares which his enemies would otherwise have set for him.
As early as April of the year 51, however, the senate began
to discuss his immediate recall; but the clever and per-
sistent opposition of his representatives in that body,
and the hesitation of Pompey, prevented matters firom
reaching a climax until, in December, 50, the consul
M. Marcellus, a bitter opponent of Caesar, went to Naples,
and on his own motion requested Pompey to take charge
of the legions near Luceria and defend the state. This
overt act hastened the course of events. When the senate
met, January i, 49, Curio, Caesar's agent, presented a formal
ultimatum. Caesar's proposals were not accepted, and a
resolution was passed declaring that he would be acting
adversus rem publicam if he did not give up his army
by July I, 49, while on January 7 the senatus cotisultum
ultimum was passed. Thereupon the tribunes Antonius
and Cassius, as well as Caesar's representatives. Curio and
Caelius, set out for his camp at Ravenna. As soon as he
had learned of the action of the senate, Caesar crossed
the Rubicon into Italy and marched toward Rome. On

Il6 REPUBLICAN PERIOD: HISTORICAL

Januaiy 14 die senate passed the decntum tumultus^
the news of Caesar's rapid advance forced Pompey,
consuls, and senators to leave the city, and even the fonnsl
of civil government were given up.

110. The Conquest of the East. Some of the wars which
&11 withiii the years under consideration in this chapter have
already been mentioned. Two great military achievements
of this period, however, the conquest of the East and the
extension of Roman power to the west, call for separate
consideration. For sixty years after the defeat of Antiochus
at Magnesia (p. 85) the Romans took little active interest
in Asiatic politics, but when in 133 Attains III, king of
Pergamum, bequeathed to them his territory, including
Ionia, Caria, Lydia, and Mysia, and the new province of
Asia was thus established, the possibilities in the East
appealed strongly to their political and commercial ambi-
tion. The weakness of the various Asiatic powers, and the
internal dissensions which prevailed in many states seemed
to hold out to the Romans the promise of an easy exten-
sion of territory, but the rapid development of a new power
on the southeastern shore of the Euxine seriously imperiled
their prospects.

111. The First Mithridatic War. In 121 Mithxadates^
,,Eupator succeeded his fether on the throne of Pontus.

Seven years later he threw off the tutelage of his mother
Laodicfi and entered on a career of conquest, for which
his personal qualities and his skill as a soldier and a diplo-
mat eminently fitted him. In rapid succession he brought
under his control almost all the territory along the north
shore of the Euxine, Colchis and Armenia Minor, and
made alliances with the Scythians, Thracians, and Bastamae.
Then he turned his attention to Paphlagonia, Cappadocia,
Galatia, and Bithynia. The Romans opposed h^g H^gigrng in

DEMOCRACY A^D NOBILITAS 11/

Qdocia- aad-Btthvnia.a nd even induced Nicomedes III
thynia to invade the territory of Mithridates, where-
Mkhndates declared war against Rome. He rapidly

an Cappadocia, Bithynia, and Asia, instigated an in- \
minate slaughter of Italians in the Greek cities of
and then sent his general^ Archelaus, through Thrace
Macedonia. A fleet was also dfipStched across the
an sea. All Greece, except Aetolia and Thessaly, was
ly subdued, bu t Sulla's arriva l in Greece at the head
e legions quickly ch anged Jhe aspect of affairs. His
ries^n_J6_at^haeronea and Orchornenus brought the
in Greece to an end, and his quaestor, L. Licinius
llus, collected a fleet and freed the islands in the Aegean
)llowing year. These disasters, followed by disaffection
la Minor, induced Mithridates to sue for a peace which
s eagerness to return to Italy to instal his party in
r again made him ready to accept. By the terms of
I^lyjvhich was finally arranged \at Darda nus in 85,
ridates agreed to give up the acquisitions which he had
; since the beginning of the war, viz., Cappadocia, Paph-
ia, Galatia, Bith)aiia, and Asia, to pay a war indemnity
00 talents, and to surrender seventy ships.
2. The Second and Third Mithridatic Wars. The peace
irdanus proved to be little more than a truce. Two

after its conclusion hostilities were resumed between
tidate&^and L. Licinius Murena, Sulla's successor in

and, when Nicomedes III of Bithynia died in 75,
sathing his kingdom to the Roman people, Mithridates,
claimed Bithynia, invaded the territory of that state
>ut hesitatioij, and war broke out again. On the
in side, the provinces of Cilicia and Asia and the
net of the campaign were intrusted to L. Licinius
llus, the consul for 74, while Bithynia with command

Il8 REPUBLICAN PERIOD :• HISTORICAL

of the fleet was given to his colleague, M. Aurelius Cotla .
Mithridates easily defeated Cotta, near Chalcedon, destroyed!
the Roman fleet, and then laid siege to Cyzicus. B
before the city could be taken Lucullus came to its reliet
and Mithridates, after losing many of his troops from^mincl^
and disease, was forced to raise the siege and withdraw intoj^
Pontus. The rapid advance of Lucullus compelled him to|Qj
retire from Pontus also, and to take refuge with his son-in-lg^
law, Tigranes, king of Armenia. Lucullus followed up theL
campaign with vigor, and, when Tigranes refused to givelgg
up his father-in-law, he entered Armenia, defeated hiin|£_
near Tigranocerta in 69, and in the following year gained a L
signal victory over the combined forces of Mithridates and I,
Tigranes. But the enemies of Lucullus in Rome, notably jgi
the money-lenders and tax-gatherers, who had been embit-L
tered by the strictness with which he had checked their L,
exorbitant demands in Asia, had for several years been I j
urging his recall, ^and on the eve of his final triumph L
accomplished their purpose. He was recalled, and, by the t^
Manilian law of 66, ^ompey was sent out to succeed him|^
as governor of the provinces of Bithynia and CiliciaPwith
exceptional powers as commander-in-chief of the forces
in the East. The resources of Mithridates were already
well-nigh exhausted, and the vigorous campaign of Pompey
soon brought the war to an end. A crushing defeat was
inflicted on Mithridates on the banks of the Euphrates in
Lesser Armenia in 66, and, although the king himself
escaped, he was never again able to offer any effective
resistance to Roman arms. Three years later he com-
mitted suicide. Tigranes, harassed by troubles at home,
made his peace with Pompey.

113. The Pirates in the Mediterranean. Before taking
charge of the forces acting against Mithridates, Pompey had

DEMOCRACY AND NOBILITAS

119

rendered a valuable service to Rome by ^Eid^ing. flie Medi-..
-«nanean_ofJhe_piratesj£ho had infested it for many years.

le nmnber of these freebooters had been largely ^aug-
cae nted ^b y those who fled fr om Asia to escape the severe
measures which Sulla adopted during his campaigns in the
East, soThat in a short time they were strong enough to
terrorize the islands in. the Aegean, plunder almost all the
sanctuaries in Greece, and establish themselves securely in
"western Cilicia.. P. Servilius Isauricus, who carried on a
campaign against them from 78 to 74, and his successors,
IM. Antonius and Q. Caecilius Metellus, failed to accomplish
permanent results, and the boldness of the pirates increased
to such an extent that the grain supply of Rpme and the
safety of Italian coast towns were seriously threatened. The
passage of the Gabinian law in 6 7. was, therefore, in response
to the urgent popular demand for the complete suppression
of piracy in the Mediterranean. This measure gave Pom-
pey charge of the forces acting against the pirates for a
period of three years, and supreme control of territory on
the shores of the Mediterranean to a distance of fifty miles
from the coast. In forty days he drove the pirates out of
the western Mediterranean, and then captured their strong-
holds in Cilicia. The mild policy which he adopted after
their conquest, as well as the vigorous campaign which he
had carried on against them, effectually removed this menace
to Roman commerce.

114. The Empire in the East. In fact, the wisdom which
Pompey showed in his dealings with the conquered peoples
of the East and the thoroughness of his work of reorgani-
zation are as remarkable as his successes in the field. Not
only did his conqu ests„extend Romanjpow^iLtCLthe^Euphra.-
teS y but the administra tive arrangements which he made
s ecured permanent quiet throughout the newly acquired

120 REPUBLICAN PERIOD: HISTORICAL

territory. Roman authority was henceforth recognizedw«i>
in air parts of Asia Minor and Syria. The provincial statuwfc*^
of Asia had been finally fixed in 129. To Bithynia, whichw'i ^
Nicomedes III bequeathed to the Roman people in 74,1
Pompey added western Pontus in 65. Cilicia, which was
made a province in 102, included after 64 Cilicia Campes-1
tris, Cilicia Aspera, Pamphylia, Pisidia, Isauria, Lycaonia,!
. and a part of Phrygia. In Syria, which he made a province!
in 64, Pompey established various free cities and principal-
ities under the Roman protectorate, wisely leaving time toj
bring about that unity in administration which tradition ^
and existing political subdivisions made well-nigh impos-
sible at the moment. Cappadocia and Galatia were allowed,
to retain a nominal independence under the suzerainty of ^
Rome. The ill-starred expedition of Crassus in 53 made
no change in the arrangements of Pompey, since the Par-
thians did not take advantage of their success to invade
the territory of Rome.

115. The Conquest of Gaul. Caesar's achievements in
the West between 58 and the outbreak of the Civil war in
49 were as noteworthy as those of Pompey in the East.
vThen he went north in the spring of 58 to take charge of
his three provinces, Cisalpine Gaul, lUyricum, and Tmis-
alpine Gaul, he found two_ very serious qu estions faJng
him. For nearly three years th^ jlelve tii had bfifiiHP^?^"
ing to leave their old home and migrate west ward into
Gaul. In the early part of 58 their arrangements were
complete, and the migration began. They had intended
to go through the Roman province, but by a rapid march
northward Caesar closed this route, forced them_to_mss
through the, territory of the Sequani, ultimately inflicted^aT
crushing defeat on them near Bibracte, and forced the
remainder of the great host to return to its own country.

DEMOCRACY AND NOBIUTAS 121

xe other immediate danger threatening Rome and her
ties resulted from the ambitious projects ofi?fhg^ Germans,
t 72 they had been invited by the Sequani to cross the
hine and assist them ^.gainst Th'evr old enemies, the Aedui.
tie invitation was accepted. But the coming of. the
eraians proved to be more of a disaster to the Sequani
an to the Aedui, since a large number of them settled in
LC territory of the Sequani and more were planning to
How. The entreaties of the Aedui and the proximity of
LC Germans to Farther Caul induced Caesar to advance .
gainst the German king Ariovistus. In a sharp, decisive
impaign Ariovistus was defeated and driven back across
le Rhine. TThe^mpaigft'or's^ was directed against the
elgae, who were so irritated and alarmed by the presence
r Roman troops near their frontier that they declared war
ad began to mass their forces to oppose the Romans,
he Nervii were the only Belgic tribe which made a serious
isistance to his progress, however, and they were subdued
efore autumn, and the entire territory of Belgi c Gaul recog--
i zed the _.aathority of Rome. In the year 5 6 Caesar built
fleet, reduced the Veneti at the mouth of the Loire,
id subdaed^the^lorini and the Menapii on the North,
a^while his lieutenant, P. Crassus, received the submission
f the Aquitani. The next two years were signalized by
vo enterprises more suggestive and dramatic in their
laracter than of immediate practical value. In j5, after
riving out two German tribes, the Usipetes and Tencteri,
ho had come over to the left bank of the river, the jloman
•my nrngQPfi tV|fi l^^jne jor t he first time, to deepen the
ipression already made on the Germans, while in the
me year an,.^ Tned r econnaissance was made into Britain,
either this expedition into Britain, nor the more carefully \
anned one of the following year, produced results of value. '

122 REPUBLICAN PERIOD: HISTORICAL

Toward the close of the year the revolt of the Treva
Eburones, and Nervii inflicted serious loss on the Romanl
and for a time put Q. Cicero, the brother of the orator, i
great peril ; but before the close of the year the insunectioj
was quelled for the moment. In 53, however, trouble brob
out afresh in the same quarter, and the entire summer n
needed to restore order again. ^Rggortof a jgneral Hpriani
in the central and southern sections of Gaul j)bliged_Cae^
to hurry T)ack from Italy across the Alps^injthe winter i
53-2. He found that the leaders in the mov emen t we
The^Arvemi andCarnuteg, ^ho ^ had united undej_ J
Arvemian chief Vgrcipgetpiiju The attempt of the Gall
forces to prevent Caesar from reaching his army failed, a
Vercingetorix was obliged to retire to Al.esiR Rnd ultimflTf
to surrender, notwithstanding the vigorous efforts made
the Gallic troops, which came to his relief, to force Cae
to withdraw. After the fall of Alesia, Caesar encountei
no more serious resistance during his term of office as g

/ emor. Roman authority was now recognized in Belgi
Gallia Narbonensis, and in the districts known later

V Aquitania and Gallia Lugdunensis. The outbreak of
Civil war, and the shortness of the interval between
conclusion and his death, prevented Caesar from prop(
organizing the newly acquired territory ; but the charac
and the wisdom of his plans are evident from the fact t
he granted Roman citizenship to the Transpadane Gauli
49, gave Latin rights to many other communitie s, and t
between 46 and the date of his death he sent out five ^
colonies to points in Gaul, Everywhere, too, he sought
his pfilky^of moderation to avoid a clash between the
national spirit and traditions and the new civilization.

116. The Condition of the Provinces. The form of g
emment which Rome gave to her provinces has aire;

2d I

DEMOCRACY AND NOBILITAS 1 23

' l^een discussed (pp. 88 ff.), but the condition in which they
' '^ Teally were was far different from that which an examination
^^ of leges pravinciarum would lead us to expect. JThe Roman
*^^ government and the Roman people looked at a province
solel^_ as a p ossible source of profit to the state and the
t^^dividual. Care was taken, therefore, to develop the
^f^iaatenal resources by improving methods of cultivation
^Jid by promoting trade and building roads ; but the wel-
^re of the provincial was not a matter of concern, except
^ so far as his prosperity helped to fill the pockets of gov-
ernment officials, of the publicani^ and of the negotiatores.
The former were, indeed, forbidden by the lex provinciae to
I'eceive presents, engage in trade, or accept favors, but the
possibilities were so great, and the needs of the average
Iloman official so pressing, that few of them resisted the
temptation. A special court had been established in Rome
for the trial of such offenders, it is true, but the provincials
found it almost impossible to secure a conviction. As for
iht publicanif the Roman system of tax farming practically
put a premium on extortion, and the moneyed interests
at Rome behind the tax-gatherers effectually checked any
attempts which a merciful governor might make to protect
the provincials, as Lucullus found to his cost. The same
may be said of the negotiatores^ who had come into posses-
sion of almost all the landed property and the commercial
interests in the provinces, and exacted from needy individ-
uals and communities interest amounting in some cases, as
we learn firom Cicero's correspondence, to 48 per cent.

117. General Political Results. The conquests of Pompey ,
and Caesar, which had brought within the sphere of Roman
influence the entire Mediterranean coast with the exception
of Egjrpt and Mauretania, and had extended the Roman
frontier to the Euphrates on the east and the Rhine on the

124 REPUBLICAN PERIOD: HISTORICAxL

north, could not fail to exert a reflex influence on Italy
itself. The economic and political changes among thel
masses, to which earlier extensions of Roman territory baii||j;^.
given rise (pp. 77-80), were accelerated by the conquest
made between 66 and 49. ^Fvaihaaaaoxe, the genei
machinery of government had broken down under the
strain put upon it by the policy of imperialism. All the
great achievements of Caesar and Pompey required a violas
tion of the oligarchic, or republican, tradition. This i^
notably the case in the matter of the term of office, thcj
special powers, and the great extent of territory granted to]
both men. The danger to the republican form of govern-
ment which lay in the disappearance of the middle class,
and in the preeminence of individuals, was aggravated by
the change in the compo sition of the army and in its rela-
tions to its chief. We have already had occasion to notice
the transformation which had taken place in the attitude
of the Roman soldier toward his leader (p. 64) as a result
of long campaigns abroad. The new spirit of implicit
obedience and personal allegiance which he had begun to
show, became still stronger in the case of soldiers drawn
from the provinces, as were many of Caesar's soldiers, for
whom the civil traditions of Rome had no existence. An
extended term of office in the provinces had put at the
service of Caesar and Pompey resources greater than those
which the state could command, and armies which recog-
nized allegiance to their generals rather than to the Roman
government. The issue, therefore, lay not between the
state and one or the other of these great commanders, but
between these leaders themselves.

DEMOCRACY AND NOBILITAS 125

Selections from the Sources

Livy, Epp. LVIII-CIX; Plutarch, Lives of Ti. Gracchus, C,
acchuSf Marius, Sulla, Sertorius, Lucullus, Crassus, Pompey^
^^^^ero, Caesar; Appian, Iberian, Numidian, Illyrian, Mithridatic,

[SQ--C?ap,7 Wars ; Dio Cassius, XXXV-XL; Zonaras, X. i-8; Diodorus,

^ ^CXXIV-XL; Velleius Paterculus, II. 2-49; Sallust, Histories (frag-

**^ents), Jugurthine War, Conspiracy of Catiline ; Cicero, Letters^

1 ^^ations ; Asconius, Commentaries ; Caesar, Gallic War.

Lex agraiia Ti. Gracchi : liv. Ep. LVIII ; Appian, B, C. I. 9 ;

^'~ ^V'ell. II. 2.3. — Rogatio Falyia de ciyitate sociis Italicis danda: Val.

: : ^4ax. IX. 5. I. — Lex Sempronia f rumentaria : Liv. Ep. LX; Schol.

•^ob. ad Cic.pro Sest. pp. 300, 303, ed. Or. ; Cic. pro Sest. 103 ; de

CDff. II. 72. — Leges Semproniae de proYOcatione : Cic. pro Rab. perd.

^2; in Cat. IV. 10; in Verr. ii. 5. 163; pro Cluent. 151 ; Cell. X. 3;

' ^lut. C, Gracch. 4. — Lex Sempronia iudiciaria : Liv. Ep. LX ;
-Appian, B. C. I. 22 ; Veil. II. 32. 3 ; Tac. Ann. XII. 60 ; Cic. in Verr.
^ct. I. 38. — Lex Sempronia de provinciis consularibus : Cic. de Domo,
34 ; Sail. lug. 27. — Death of C. Gracchus : Liv. Ep. LXI. — Outbreak
t>f Jugurthine war : Sail. lug. 27 ff. ; Liv. Ep. LXIV. — Defeat of
I^ostumius : Liv. Ep. LXIV ; Sail. lug. 38 f. — Close of the Jugur-
thine war: Liv. Ep. LXVI. — Inyasion of the Cimbri: Liv. Ep.
LXIII; Tac. Germ. 37; Flor. III. 3. —Defeat of Silanus: Liv. ^/.
LXV. — Defeat of Cassius: Liv. Ep. LXV; Caes. B. G. I. 7.—
Battle of Arausio: Liv. Ep. LXVII ; Orosius, V. 16; Sail. lug.
114. — Aquae Sextiae and Campi Raudii : Liv. Ep. LXVI II; Veil.
II. 12. — Lex Domitia de Sacerdotiis: Cic. De Leg. Agr. II. 16-18;
Veil. II. 1 2. 3. — Marius, consul for sixth time : Veil. II. 1 2. 6 ; Liv. Ep.
LXIX. — Lex Apuleia agraria : Appian, B. C. I. 29. — Lex Apuleia
fmmentaria : Atut. ad Her. I. 21. — Lex Caecilia Didia : Schol. Bob.
ad Cic. pro Sest. p. 310, ed. Or.; Cic. de Domo, 41. — Condemnation
of P. Rutilius Rufus : Liv. Ep. LXX ; Veil. II. 13. 2. — Leges Liviae
Drusi: Appian, B. C. L 35 ; Veil. II. 13; Liv. Epp. LXX-LXXL —
Social war: Liv. Epp. LXXII-LXXVI, LXXX; Appian, B. C. I.
39-53; Veil. II. 15 £f. — Lex Julia: Cic. pro Balbo, 21 ; Cell. IV. 4;
Appian, B, C. I. 49. — Lex Plautia Papiria : Cic. pro Arch. 7 ; Schol.
Bob. p. 353, ed. Or. — Lex Pompeia: Ascon. in Cic. Pis. p. 3, ed.
Or. — Outbreak of first Mithridatic war : Liv. Epp. LXXVII-
LXXVIII; Appian, Mith. 17 ff . ; Veil. II. 18. — Chaeronea:

126 REPUBLICAN PERIOD: HISTORICAL

Appian, Mith. 41 £f. ; Pint. Sulla^ 15 ff.; Eutr. V. 6. — OrchomeDOi»B7.
Appian, Mith. 49-50; Plut. Sulla^ 20-21; Eutr. V. 6. — Peace A >^
Dardantis : Plut. Sulla, 22 ; Appian, Mith. 54-8 ; IXv.Ep. LXXXII»C*cr.
Veil. IL 23. — Marius and Sulpicius : Liv. Ep. LX'XVII; Eutr.V».i ;
4; Plut. Sulla, 7-10; Mar. 34-5; Appian, B. C. I. 55-60; Vdlft 31
IL 18-19. — Cinna and Marius : Liv. Epp. LXXIX-LXXX; VelLILf H-
20 £f.; Plut. Mar. 41 ff.; Appian, B. C. I. 67 £f. — Sulla's retnn!
liv. Epp. LXXX V-LXXX VIII ; Vhxt. Sulla, 27 ff.; Appian, ^.0

I. 79 ff. ; Veil. IL 24 ff. — Sulla, dictator: Appian, B. C. I. gSf^- ^
Plut. Sulla, 33 ; Liv. Ep. LXXXIX. — Leges Comeliae de magiittfl
tibtts: Appian,^. C. I. lOO; Cic. Phil. XL 11 ; Tac. Ann. XI.22i|5 ^
Caes. B. C. I. 32. 2. — Lex Cornelia tribunicia : Appian, B. C. 1. 100;
liv. Ep. LXXXIX; Cic. de Legg. III. 22; Caes. B. C. 1. 5,7.-
Leges Comeliae iudiciariae: Veil. II. 32; Tac. Ann. XL 22; Cic 1 9^
in Pis. 50 ; pro Cluent. 148 ; in Verr. ii. i. 108 ; Tac. Ann. XII. 60; I ^
— Rogatlo Qttinctia de abrogandis legibus Comeliis: Plut. Ltu. S'-'K^
Lex Terentia Cassia frumentaria : Cic. in Verr. ii. 3. 163 ; ii. 5. 52. -1 \^
— Sertorius murdered : Liv. Ep. XCVI; Oros. V. 23. 13; Plut. 5^f/. (^5^
25 ff. — Spartacus defeated: Appian, B. C. I. 118 ff.; liv. Ep>
XCVII; Eutr. VI. 7. — Lex Pompeia tribunicia: Veil. II. 30; Cic,
in Verr. Act. 1. 43-5 ; de Legg. III. 22, 26. — Lex Aurelia indiciaxia:
Ascon. in Pis. p. 16; Schol. Bob. p. 229. 17. — Outbreak of third
Mithridatic war: Plut. Luc. 7; Appian, B. C, I. iii. — Relief of
Cyzicus: Appian, Mith. 72 ff.; Plut. Luc. 11. — Invasion of Pontas:
Appian, Mith.%2 ff. ; Plut. Luc. 19 ff. — Tigranocerta : Plut. Liu.
25 ff. ; Appian, Mith. 84-5. — Lex Gabinia : Cic. de Imp. Cn. Pomp.
52 f. ; Die, XXXVL 6-19; Plut. Pomp. 25; Veil. II. 31. — Lex
ManiUa : Cic. de Imp. Cn. Pomp. ; Dio, XXXVL 25-6 ; Plut. Pomp.
30; Veil. II. 33. — Defeat of Mithrldates: Dio, XXXVL 29-33;
Appian, Mith. 97-101. — Catilinarian conspiracy: Sail. Coni. Cat.;
Cic. Orationes in Cat.; Dio, XXXVII. 29-42 ; Plut. Cic. 10-22.—
First triumvirate : Dio, XXXVIL 54-8; Appian, B. C. IL 9; Plut.
Crass. 14; Pomp. 47; Caes. 13. — Lex lulia agraria: Cic. ad Att.

II. 18. 2; Suet. lul. 20; Veil. IL 44. — Lex Vatinia de imperio
Caesaris : Suet. lul. 22 ; Schol. Bob. in Vat, p. 317 ; Dio, XXXVIII.
8. — The Helvetii: Caes. B. G. I. 1-30. — Ariovistus: Caes. B. G.
I. 31-54. — Belgae: Caes. B. G. II. — Veneti: Caes. B. G. III.
7-16. — Aquitani: Caes. B. G. III. 20-27. — Usipetes and Tencteri:
Caes. B. G. IV. 1-15. — Second British expedition: Caes. B. G.
V. 2, 5-23. — Nervii, etc. : Caes. B. G. VI. 1-8. — Verciagetorix :

DEMOCRACY AND NOBILITAS 12/

^ap9jes. B. G. VII. — Cicero's banishment : Veil. II. 45 ; Cic. de Dotno^
-y#-3~64 ; pro Plane. 86-90, 95-103. — His recall : Die, XXXIX. 6tI i ;
Li^lnt. Cic, 33; Cic. ad Att, IV. i. — Renewal of triomyirate : Plut.
[; 'Cites. 21 ; Pomp. 51 ; Appian, B. C. II. 17 ; Suet. lul. 24. — Crassns
5-6:Ulled : Die. XL. 25-7; Plut. Crass. 28-31. — Pompey, sole consul :
!C ; TtVell. II. 47 ; Dio, XL. 50. — Lex de iure magistratuum : Suet. /«/.•
*"« "28 ; Cic. ad Att. VIII. 3. 3 ; Cic. Phil. II. 24. — First overt act in
•ptt civil war: Dio, XL. 64-6; Plut. Pomp. 58-9. — Negotiations in
C !*e]iate : Caes. B. C. I. 1-6 ; Cic. ad Fam. XVI. 11. — Caesar marches
e •e«outhward : Caes. B. C I. 8 ff.; Suet. Jul. 32 ff.; Appian, B. C.
t«. iH. 35 flf.

• c:
I. ; Selected Bibliography ^

Yr ^' Drumann, Geschichte Roms, 6 Bde., Koenigsberg, 1834-44
l^ (Bd. I.a Berlin, 1899).

_ Cj. Long, The Decline of the Roman Republic, 5 vols. London,
r^ 1864-74.

^ C Neumann, Geschichte Roms w'ahrend des Verfalles der Repub-

lik, 2 Bde. Breslau, 188 1-4.
IC W. Nitzsch, Die Gracchen, etc. Berlin, 1847.
Dd. Meyer, Untersuchungen zur Geschichte der Gracchen. Halle,

1894.
A. H. Beesly, The Gracchi, Marius and Sulla. New York, 1893.
W. Strehl, M. Livius Drusus, Volkstrjbun 91 v. Chr. Marburg,

1887.
W. Forsyth, Life of M. Tullius Cicero, 2 vols. New York, 1863.
W. W. Fowler, Julius Caesar and the Foundation of the Roman

Imperial System. New York, 1891.
J. A. Froude, Caesar. London, 1886.
Strachan-Davidson, Cicero and the Fall of the Roman Republic.

New York, 1894.
Erich. Marcks, Die Ueberlieferung des Bundesgenossenkrieges

91-89 V. Chr. Marburg, 1884.
Th. Reinach, Mithridate Eupator, roi du Pont. Paris, 1890.
Th. Lau, L. Cornelius Sulla. Hamburg, 1855.
E. V. Stem, Catilina u. d. Parteikampfe in Rom d. Jahre 66-63 v.

Chr. Dorpat, 1883.
£. Beesly, Catiline, Clodius, and Tiberius. London, 1878.

^ See also general bibliography on p. 23.

128 REPUBLICAN PERIOD: HISTORICAL

Ch. Merivale, The Roman Triumvirates. New York, 1893.

Th. Mommsen, Die Rechtsfrage zwischen Casar u. dem Senat

Breslau, 1857.
O. E. Schmidt, Der Briefwechsel d. M. TuUius Cicero. Leipzig,

1893.
H. Nissen, Der Ausbruch d. Biirgerkriegs 49 v. Chr., in von Sybel's

Hist. Zeitschr. (N.F.) VIII, 409-445, and X, 48-105.

Supplementary Literature, 1901-1910

Drumann-Groebe, Geschichte Roms, etc., 4 vols. Berlin, 1899 — .
Greenidge and Clay, Sources for Roman History, 133-70 B.c.

Oxford, 1903. .
Greenidge, A History of Rome during the Later Republic and Early

Principate, Vol. I (133-104 B.C.). New York, 1905.
Callegari, La legislazione sociale di Caio Gracco. P^dua, 1896.
Fowler, Social Life at Rome in the Age of Cicero. New York, 1909.
Boissier, La conjuration de Catilina.

Salvioli, Le capitalisme dans le monde antique. Paris, 1906.
Holmes, Caesar's Conquest of Gaul. New York, 1899.
C. Jullian, Gallia : Tableau sommaire de la Gaule sous la domination

romaine. Paris, 1892.
Barbagallo, Le relazione politiche di Roma con I'Egitto dalle ori-

gini al 50 A.c. Rome, 1901.

CHAPTER VII

THE PSRIOD OF TRANSITION

Ii8. The Period from 49 to 29 B.C. The external his-
ory of the Roman Empire from the outbreak of the Civil
^ar in January, 49, to the summer of 29, when Octavius
etumed to Rome from the battle of Actium, falls into two
harply marked periods. The dividing line is the assassina-
ion of Caesar. From the point of view of constitutional
ievelopment or cKange there is no such clear division,
^'he same elements in society and in the state which sup-
ported the Pompeian cause in the early part of the first
)eriod were in the main arrayed against Antony and the
riumvirs in 43 and 42. Furthermore, the means which
ulius Caesar adopted to hold the power in his hands served
he purpose of the triumvirs so well that they did not find
t necessary to make many changes in the governmental
nachinery. So far as the essential character of the gov-
irnment is concerned, it makes little difference whether
in autocrat holds the title of dictator, as Caesar did, or of
riumvir, as in the case of Octavius. Consequently, from
he standpoint of internal history the twenty years in
question form a unit. Our interest in them consists largely
n the fact that in this period the development of the
Roman constitution along certain lines, which it had been
following almost imperceptibly for several generations, is
now evident and rapid, and that Rome begins to develop
out of a city-state with widespread dependencies into the
capital of a great empire.

129

I30 REPUBLICAN PERIOD: HISTORICAL

119. Campaigns in Italy, Spain, and Africa. Even if I d^.
Pompey was intending to make a stand in Italy after the Ifc c
precipitate departure of the senate from Rome in January, tra
49, as many of his party supposed, the rapidity of Caesar's §i
march southward and Caesar's continued success forced
him to change his plan at once, and on March 17, scarcely L cd
more than two months after Caesar entered Italy, the li o
Pompeian troops hastily embarked for Epirus from the wasc
city of Brundisium, to which siege was already being laid. |i k^
Pompey *s departure from Italy was unfortunate from the
political point of view, since it left the recognized seat of ^tet<
government and the machinery of the state in the hands
of his opponent ;. but on military grounds it was wise,
for his name was a power in the East, while Caesar
was unknown, and the postponement of the inevitable
conflict gave him the time which he needed to collect
and train his newly recruited forces to meet the veteran
legions of his enemy. Caesar felt himself unprepared to
follow Pompey at once, and, after a few weeks' stay in
Italy, crossed over to Spain, which was held for Pompey
by his three lieutenants, Petreius, Afranius, and Varro.
Petreius and Afranius occupied a well-chosen position at
Ilerda, and their forces were equal in number to those of
Caesar; but by a clever move on his part they were cut
off from their supplies and forced to surrender. Varro's
submission soon followed, so that the Spanish campaign
was brought to an end within a month and a half after
Caesar's arrival in the peninsula. The expedition which
his representative, C. Curio, conducted into Africa at
the same time did not meet with a like success. The
complete destruction of Curio's two legions of raw troops
by King Juba, and his subsequent suicide, offset in some
measure the Pompeian losses in Spain.

THE PERIOD OF TRANSITION I31

C20. The Campaign in Epirus. The breathing space
ich Caesar's campaign gave him Pompey used to great
•vantage in collecting troops and supplies. In the spring

48 the army of 30,000 which he had brought over to
►irus had grown to nine legions, supported by a large
dy of auxiliaries and a strong fleet. To them Caesar
uld oppose the six legions with which he made a success-
l landing at Oricum in Epirus in November, 49, and the
ur legions which M. Antonius brought him in April of the
llowing year by the way of Lissus. Caesar's legions were
epleted by sickness and long campaigns, however, so that,
Ithough his troops were more experienced than those of
ompey, they were numerically far inferior to the opposing
)rce. Caesar placed his army between Dyrrachium and
ompey's camp, and at once began offensive operations in
le hope of shutting Pompey in ; but the Pompeian forces
roke through his lines and inflicted upon him so severe

loss that later, when Caesar advanced into Thessaly,
9mpey followed him and was induced by his over-confi-
mt advisers to risk a battle at Pharsalus on August 9, 48.
be battle resulted in a complete defeat for the Pompeians,
d Pompey himself, who fled for safety to Egypt, was put

death by the orders of King Ptolemy as he was landing

Pelusium.

121. Campaigns in Egypt, Asia Minor, and Africa. In
e autumn of 48 Caesar followed Pompey to Egypt,
It, on hearing of his death, occupied himself with the
ttlement of Egyptian affairs. Ptolemy Auletes, the late
vereign, had left the kingdom to his two oldest children,
olemy and Cleopatra, but Cleopatra had been dispossessed

her brother. Caesar's rather arrogant attempt to enforce

understanding aroused the anger of the Egyptians, and
t him in such a perilous position that only the timely

132 REPUBLICAN PERIOD: HISTORICAL

arrival of reinforcements under Mithridates of Pergami
saved his army from destruction. The settlement of polittj
cal affairs and the charms of Cleopatra held him in Egyp^
until the late spring of 47, when the defeat in Armema
Minor of his lieutenant, Calvinus, and the rapid develop-]
ment of the ambitious projects of Phamaces, the son ol
Mithridates Eupator, made his presence in the East neces-l
sary. Phamaces sought delay, but Caesar forced an engage-]
ment at Zela, August 2, and completely defeated him. The'
disaffection among the troops in Italy who were being levied
for a campaign in Africa led Caesar to return to Rome in
September. The mutinous soldiers were soon brought
under control by his personal influence, and in December
he landed with them near Hadrumetum, defeated the
Pompeians at Thapsus, April 6, 46, and captured Utica
soon after, notwithstanding Cato's vigorous efforts to
defend it. Juba was conquered by the old Catilinarian
leader, P. Sittius ; his kingdom of Numidia was made a
Roman province, and the Pompeian power in Africa was
completely broken.

122. Second Spanish Campaign. On his return to Rome
in July he found time at last to put the government of
Italy on a more secure basis, and to introduce some much-
needed political and economic reforms. In the three
years which had elapsed since the battle of Ilerda the
Pompeian cause had made great headway in Spain. Their
forces had lately been largely increased by the arrival
of fugitives from Africa, and Caesar's representative,
C. Trebonius, was no match for them. Caesar's plans for
making comprehensive changes in the government of Italy
were, therefore, cut short by the necessity of recovering
the ground which had been lost in Spain. He left Rome
in the early part of November for this purpose, and,

THE PERIOD OF TRANSITION 1 33

r- although he found thirteen Pompeian legions opposed to
:: "^iie eight legions which he had brought with him, he boldly
: ^-ttacked the enemy at Munda, March 17, 45, and inflicted
I ^- crashing defeat upon them.

123. Caesar's Assassination. After his return to the city
Caesar occupied himself partly with various administrative
Reforms, but mainly in making preparations for a great
expedition against the Parthians. His plans, however,
^ere brought to a tragic end by his assassination on the
Ides of March, 44. The conspirators were actuated by
personal and by political motives. Many of them were
jealous of Caesar, or dissatisfied with the recognition they
had received from him. Many members of the senate
(for about sixty senators took part in the conspiracy) were
aggrieved at the loss of power and prestige which that
body had suffered at his hands. Their smouldering dis-
content was kindled into flame by the new powers and
honors conferred on Caesar in the early part of 44, and by
the rumors, which were current, that he would be made
king and would transfer the seat of government to Alex-
andria. That the feeling of discontent, out of which the
conspiracy sprung, was vague, and that the conspirators
lacked a definite plan or purpose is plain from the sub-
sequent course of events.

124. Caesar's Policy. The work which Caesar had set
himself to do after the battle of Pharsalus, and which was

^ left unfinished at his death, was threefold. He wished to
suppress within the Roman territory all armed resistance
to a central authority, to establish in Rome a permanent
government strong enough to carry out a positive policy in
spite of all opposition, and finally to knit together all parts
of the Roman Empire. We have already seen the steps
which he took to accomplish the first-mentioned object.

134 REPUBLICAN PERIOD: HISTORICAL

To cany out the rest of his plan it was essential that his I id
control of all the functions of government should be undis- |csi
puted. In 44, after Caesar's death, the dictatorship which
he had held for several years was characterized by Cicero Ijd
as one qu<ie iam vim regiae potestatis obsederat^ and it is Igi
highly probable that during the last years of his life Caesar |-^
did take into his hands all those powers which in their
natural development gave Augustus and his successors their
exalted position. He secured his supremacy in the state
partly by increasing his own power, partly by diminishing
the influence of other factors in the government. He
increased his own power directly by securing for himself
important magistracies, often with special prerogatives.
He accomplished the same object indirectly by controlling
the nomination of candidates, by placing a large number of
his own supporters in the senate, and by preventing hostile
measures from being brought before the popular assemblies.
125. His OfElces and Titles. The sources of our informa-
tion are not precise and detailed enough to enable us to
determine the exact position which Caesar held in the
state. His constitutional power seems to have depended
largely, however, on the fact that he held the dictatorship,
tribunate, and, perhaps alternately, the consulship and pro-
consulship. Shortly after his first victory iH Spain he was
nominated dictator by the praetor, M. Lepidus, under a
special law authorizing the establishment of that magistracy.
This position he held for a few days only, but in the
autumn of 48 he was again chosen to the same office,
apparently for an undefined period. In 46, after the
battle of Thapsus, he received the dictatorship for ten
years, and in 44 for life. Caesar's position as dictator was
probably like that of Sulla, and, therefore, differed in two
important particulars from the traditional magistracy. His

THE PERIOD OF TRANSITION 1 35

functions covered a wider field than those of the histori-
cal dictator did, and his term of office was much longer
(cf. pp. 183, 218). In 48 the tribunician power was given
to him for life. From the positive point of view this
enabled him to interpose a veto and to convoke the
plebeian assembly, and made his person inviolable. On
the negative side he hoped that his assumption of this
office, and the control which he exercised over the nomi-
nation of other members of the college, would protect him
against serious interference with his plans. This hope was
not always realized. On more than one occasion some
member of the college asserted his independence, and
once Caesar was obliged to resort to the theory of popular
sovereignty which Tiberius Gracchus had applied in the
case of Octavius (cf. pp. 95 f.). The offending tribunes in
this case, C. Epidius MaruUus and L. Caesetius Flavus,
were brought before the senate, and on Caesar's complaint
were divested of office. This drastic proceeding probably
checked for the future any hostile action on the part of
members of the college. Caesar did not use the title of
tribune, however, in official documents, as his imperial
successors did. On several occasions he was regularly
elected to the consulship and performed the duties of
that office, and it is quite probable that he was invested
with the pro-consular power, so that, when he was not in
office as conisul, he acted pro consule. This conclusion has
been drawn, at least, with great plausibility, from the fact
that on an important document he bears the titles dictator
consul prove consule. The praefectura moruniy which he
created and held in 46, was new only in name. Its
functions were similar to those of the earlier censorship.
From the battle of Munda up to the close of his life
honors were heaped on him in profusion. He was given

136 REPUBLICAN PERIOD: HISTORICAL

the titles parens patriae and imperator for life. The latterfc^er
ordinarily appears in official documents immediately after Isf^rl
his cognomen, and was made an hereditary title. Coinsfrcw
bore his likeness, and the right was probably granted himPo
to express his opinion first in the senate. W^^

126. Changes in Magisterial Functions. Some changes f^
were intentionally made in the functions of certain magis-
trates, or were the result of circumstances. Attention has \^
already been called to the fact that Caesar's dictatorship
was not that of the early republic, but was similar to
Sulla's ; that in 44 he was chosen permanently to this office
and given the tribunician power for life, whereas under the
old constitution the dictator and tribune had held office
for six months and a year respectively. Furthermore, the
judicial functions which Caesar exercised in criminal cases,
like that of Ligarius, did not belong to the republican dic-
tatorship. The magister equitutn and praefectus urbi play a
more important part from 49 to 44 than they do in any
other period of Roman history, but their significance comes
solely from the fact that the dictator was frequently absent
from Italy and his power was exercised by these officials as
his representatives. In this connection the law of 46 may
be mentioned, which limited the term of office for gov-
ernors in praetorian provinces to one year, in consular
provinces to two years. Caesar's purpose in making this
regulation was evidently to guard against a possible rival.

127. Increase in the Size of Magisterial Colleges. The
increase which he made in the size of certain colleges of
magistrates was justified by the need of additional adminis-
trative officers. It also gave Caesar an opportunity to
reward some of his political followers, and incidentally
exalted his own position by decreasing the importance of
the individual members of the colleges affected. Thus the

THE PERIOD OF TRANSITION 1 37

mber of praetors was first raised from eight to ten, then
fourteen, and finally to sixteen, while the number of
laestors was increased to forty. The establishment of the
iice of aedilis cerialis with its two incumbents, and the
Idition of a member to the college of the /// viri capi-
tles and the /// viri monetales were probably dictated by
dministrative considerations only.

128. Method of choosing Magistrates and Terms of OfElce.
i'o protect his interests at Rome during his absence on the
nojected Parthian campaign, Caesar secured the passage
'f a law which allowed him to name all the magistrates
or 43, as well as the consuls and tribunes for 42. This
neasure would make the magistrates for the immediate
uture official representatives of the dictator, and would at
he same time lessen the importance of the popular elec-
oral bodies. In the case of the consulship he introduced
in innovation of great importance. In October, 45, he
esigned that office, which he had held without a colleague,
Jid had two successors elected for the rest of the year. In
aking this step Caesar was restoring the traditional con-
ulship, since the constitution did not recognize a single
onsul without a colleague. In a way, however, he was
stablishing a precedent for the imperial system of consules
uffectif and six years later^ following this precedent, as it
ere, the triumvirs, when holding the consular elections for
4-1, had terms of less than a year indicated for the vari-
us candidates at the time of the election, and the Fasii of
\Q year 33 give the names of eight consuls.

129. The Senate and People. The senate was reduced
number to such an extent by the Civil war, that imme-

ately after his return to Rome in 47 Caesar made numer-

IS additions to it, and two years later raised the number

its members to 900. This change robbed the nobilitas

138

REPUBLICAN PERIOD: HISTORICAL

ocko

idla

dai

dis

in large measure of its prestige and made the senate
servient to his wishes. As for the people, they met
before in the comitia^ but the. selection of candidates {(
office by Caesar, and the fact that he alone was directly
indirectly the author of all bills laid before them, made
meeting of the comitia largely a matter of form. He sougl
to relieve the congested condition of Rome, and to previ
the idle from flocking thither, by founding colonies,
by carefully regulating the list of those who received
supplies of grain. As a result of the census of 46,
number of these beneficiaries was reduced from 320,000
150,000.

130. Italy and the Provinces. But the plans of Cae
were not limited to the city of Rome. They embraced
Italy and the provinces. A year before his death he dn
up the lex lulia municipaliSy a charter for all the I
municipalities, which gave them their own popular asseiQ*|^
blies, senates, magistrates, and courts. To many cities i
Sicily and Gallia Narbonensis Latin rights were given, andi
what was of still more importance, provincial governors
were appointed by Caesar. Hitherto each one of the
provinces had been practically a principality which the
Roman governor used to fill his pocket or to advance his
political fortunes. The interests of the provincials and of ||.
the home government were alike held in light esteem.
Under Caesar's regime a governor felt his subordination
to a central authority, and knew that he was responsible
to a man who regarded each province as an integral part
of the empire.

131. Coutse of Events after Caesar's Death. After
Caesar's death both his friends and the conspirators waited
in great suspense for some move on the part of the oppos-
ing faction, as well as for some indication of the attitude of

THE PERIOD OF TRANSITION 1 39

e Roman populace. M. Lepidus, who had been Caesar's
zgister equituniy was the first to adopt a positive course,
e moved his troops into the city and thus gave a tactical
vantage to the Caesarians. The consul Antony strength-
led their position still further by securing possession of
iesar's papers and of the state treasure in the temple of
ps. But both parties were ready for the compromise,
lopted by the senate March 17, which confirmed the
Tangements of Caesar, but provided that no investigation
lould be made into the circumstances of his death. On
le basis of this action Antony laid directly before the
opular assembly a series of bills which he found, or which
e claimed to have found, among the papers of Caesar,
urthermore, on the pretext that his safety was endangered
ty disturbances in the city, he secured a bodyguard of
everal thousand men. A systematic effort was made also
win the favor of the veterans living in Italy. The sup-
tort of his colleague, Dolabella, was secured by obtaining for
lim the province of Syria. He had the province of Mace-
Ionia assigned to himself at first, with control of the legions
<rhich Caesar had collected for the Parthian war ; but, feei-
ng that it would be better for him to be nearer Rome, he
lad the popular assembly take Cisalpine Gaul from D.
Jrutus, to whom it had been assigned, and give it to him.
omewhat later the Macedonian legions were also placed
nder his command.

132. Octavius. The arrival in Italy of Octavius, Caesar's
rand nephew, a young man in his nineteenth year, whom
tie dictator had adopted and made his heir, seemed likely
3 give affairs an unexpected turn. The deferential man-
fer which- Octavius assumed toward certain senatorial
;aders on the one hand, and on the other hand his gener-
us treatment of Caesar's followers, and the fact that he

I40

REPUBLICAN PERIOD: HISTORICAL

bore their great leader's name, won for him at the same
time the respectful consideration of senators and the enthiKj
siastic support of many Caesarians. Antony appreciatedli fti
how dangerous a rival he might become and tried to thwart |kHi*
his plans at every point, but Caesar's veterans forced a
reconciliation between their two leaders. pAn|

133. The Liberatores. Meanwhile the liber atores^ as
Cicero styled the conspirators, were without a plan and 1 gen
without leaders. M. Brutus and Cassius thought it wisetotiort
withdraw from the city. Cicero despondently set outfoi|Bral
Greece, and the other senatorial leaders gave little effective
support to the old regime. In September the Macedonian tSS
troops arrived in Italy, but Octavius found means to detach fct d
so many of them from Antony's service that two months
later Antony, for fear of losing the rest, hastily set out iot
Gallia Cisalpina with his bodyguard and the three legions
which remained loyal to him.

134. The War about Mutina. With the departure of
Antony from Rome the senate began to assert itself once
more. Under the leadership of Cicero, who attacked
Antony vigorously in his Philippic orations, the senate was
induced to invest Octavius with the imperium, and to com-
mission him, in cooperation with the consuls of 43, to con-
duct the war against Antony. Acting under this authority,
in the early part of 43 Octavius set out from Rome with
Hirtius, one of the consuls, to relieve D. Brutus, while Pansa,
the other consul, followed in March with four legions of
recruits. After some preliminary skirmishing," in which
Antony gained the advantage, a decisive battle was fought
near Mutina, April 21, in which his army was completely
defeated. But the victory was dearly bought. Hirtius fell
on the field of battle and Pansa was mortally wounded,
d)dng two days later. The command of the forces acting

THE PERIOD OF TRANSITION I4I

tbt3tgainst Antony was assigned to D. Brutus. Octavius, who
^k&3il good reason to feel aggrieved at this slight, withdrew
{■'tfrom further participation in the struggle, and marched
to:to Rome at the head of eight legions, demanding the con-
fcrsnlship. There was no means at hand to withstand him,
^Jid August 19 he was elected consul. Meanwhile, in the
zi- North Antony was strengthened by the accession of Lepi-
pk dus, governor of southern Gaul, of Plancus, who had charge
it T^ of northern Gaul, and of Pollio, with troops from Spain.
t cr X). Brutus was deserted by his troops, and while seeking to
ef: escape was murdered at Aquileia.

cei 135. The Second Triumvirate. In October Octavius
ocr: ^ent north, and held a conference with Antony and Lepi-
ir" <lus at Bononia, which resulted in the formation of a com-
• on: pact for the adjustment of affairs in Italy and for the
h prosecution of the war in the East against M. Brutus and
Cassius ; and in November, by a vote of the tribal assembly,
t'^ Antony, Lepidus, and Octavius were made /// vtrt ret
publicae constituendae for a period of five years. The second
2 triumvirate was, therefore, distinguished from the first by
' ' the fact that it rested on a legal basis, while the compact
which Caesar, Pompey, and Crassus had formed was purely
a private arrangement. The triumvirs of 43 adopted the
principle of coUegiality on its positive but not on its neg-
ative side. All three members were at all times vested with
the full power of their office, but the possibility of interpos-
ing a veto was not recognized. In so far as its exercise of
executive and legislative powers was concerned, the second
triumvirate differs little from Caesar's dictatorship. The
' magistracies, the senate, and popular assemblies were all
directly or indirectly under the control of the new officials.
In Rome and Italy the triumvirs were confronted with the
problem of establishing a new regime and of maintaining

142 REPUBLICAN PERIOD: HISTORICAL

order, of punishing certain republican leaders, levyingli^.
troops, and apportioning suitable rewards to the veteiaiisjpi]»:tc
Outside of Italy there were still more urgent matte
notably the task of bringing the provinces under their con
trol and of prosecuting the war against M. Brutus
Cassius. Their return to Rome was followed by a reign o(fc, O
terror which rivaled that of Sulla. Cicero was one of thefctiiD
early victims of their fury. In reaching an agreement for|4ie
the government of Italy and the provinces no immediate
difficulty was experienced. The several provinces weiclt di
assigned to the individual members of the triumvirate andlaTi
their followers, while the administration of affairs in Italy lijS
and the war in the East were left to the joint direction o(|ex13
all three triumvirs.

136. The Battle of Philippi. The situation in the East
called for immediate attention. In the early part of 43
M. Brutus entered Macedonia and was recognized as its
legal governor by his predecessor, Q. Hortensius. Cassius
also took possession of his province, Syria. Both of them
succeeded in levying large bodies of troops, and C. Antonius,
the brother of Marcus, and Dolabella, who had come out
to take possession of Macedonia and Syria respectively, by
virtue of measures whose passage Antony had secured, were
disastrously defeated. The two republican leaders met at
Sardis, and with nineteen legions of foot soldiers and 20,000
horsemen advanced to Philippi in the autumn of 42. Over
against them lay the army of the triumvirs, of about the
same size. Two battles followed. In the first the forces
under Cassius were defeated by Antony, and Cassius com-
mitted suicide. Brutus, however, gained a victory over
the troops of Octavius. In the second battle, which his
troops forced him to fight against his judgment, he was
defeated and took his own life.

THE PERIOD OF TRANSITION I43

X37. The Movements of the Triumvirs. Lepidus was
^^vispected of being disloyal to his colleagues, and, in the
division of territory after the battle of PhiHppi, Spain and
^^^G^lia Narbonensis, which had been placed under his con-
cntrrol, were taken from him ; but later, on grounds of expedi-
i '^^ncy, Octavius thought it wise to allot Africa to him. From
^ tliis time forth, however, Lepidus played a subordinate part
^mm the triumvirate. Antony remained in the East. At
■^^ Tarsus he met Cleopatra, who came to explain her con-
^ ' <iuct during the war, and accompanied her to Egypt. To
^^' Octavius in Italy fell the hardest task.
^ 138. The Perusian War and the Peace of Brundisium.
^^- Kearly 200,000 veterans were demanding the land which
kad been promised to them. High taxes, the scarcity of
■'^- iocxi, and the confiscation of land for the soldiers devel-
^ - oped a spirit of discontent. L. Antonius the brother, and
^^' Fulvia the wife, of the triumvir, put themselves at the head
of the disaffected. All efforts at reconciliation proved fruit-
less, and civil war followed. L. Antonius was soon shut up in
Perusia, however, and after a long siege was forced to yield.
After the surrender of Perusia, Fulvia hurried to her hus-
band for help. A number of circumstances induced Antony
to listen to her appeals and to take an active part in the
management of Italy. One thing especially that influenced
him to adopt this course was the fact that Octavius had
taken possession of Gallia Narbonensis, because of the help
which its governor had given L. Antonius. This province
had been allotted to Antony, and its acquisition by Octavius
made the latter master of the entire West. The time for
action seemed a favorable one to Antony, since he had
secured the support of Sextus Pompeius, whose fleet con-
trolled the Mediterranean. He appeared before Brundisium,
therefore, in the summer of 40, and civil war seemed

-25

144 REPUBLICAN PERIOD: HISTORICAL

imminent ; but the mediation of Octavius's friends, Coccein
Nerva and Maecenas, and of Asinius PoUio, who repit|tp«^o^
sented Antony, as well as the strong stand which th
legionaries took in favor of peace, brought about a recoiwsett
ciliation between the rivals. The need which Antony felBtst ;
of Italian reinforcements for the Parthian war also inducdfct p
him to listen to proposals of peace. l^sd

139. War with Seztus Pompeius and the Retirement 1
Lepidus. As for Octavius, the prospect of carrying ona|i4*^'
war against the combined forces of Antony and Sext
Pompeius may well have alarmed him. In fact, Pompeiosl
had made himself master of the Mediterranean, and, byl ^
interfering with the transportation of grain, had Rome anil
Italy in his power, in a measure. It was this state of things]
which forced Octavius in 39 to recognize formally the]
demands of Sextus Pompeius. His claim to the islands of |^
Sicily and Sardinia was confirmed ; he received compen-
sation for the loss of his father's property, and a consulship
in the future was promised to him. But Octavius felt that
his own position was a precarious one so long as Sextus
Pompeius controlled the Mediterranean. The treachery
of Menodorus, one of the fleet commanders of Pompeius,
put Sardinia in his power. Thereupon war broke out at
once. A misunderstanding with Antony seemed likely to
involve Octavius in still greater difficulty, but fortunately
a reconciliation was effected at Tarentum in 37 through the
mediation of Octavia, the wife of Antony and sister of
Octavius, and Antony as well as Lepidus sent a fleet to help
Octavius. Sextus Pompeius was defeated at Naulochus in
36, and fled to Asia. His forces surrendered themselves to
Lepidus, who thereupon took possession of Sicily, and
showed signs of an intention to regain his influence in
the triumvirate. His success was short-lived, however.

THE PERIOD OF TRANSITION I4S

^^ctavius won over his troops, and Lepidus was deprived of

^is provinces and forced into retirement. The result of this

M^ar was of immense importance to Octavius. He had rid

^^mself of a rival who threatened his supremacy in the

^Vest ; he had removed the danger of famine in Italy — a

^toost prolific cause of discontent in the peninsula — and

^e had made himself master of the provinces and of the

- forces of Lepidus.

140. Estrangement of Octayius and Antony. The en-
^ forced retirement of Lepidus from the triumvirate doubtless

- intensified the rivalry between Octavius and Antony, just

- as the death of Crassus had made the conflict between

- Caesar and Pompey inevitable. Antony resented in par-
ticular the acquisition by Octavius of Sicily and of the

provinces which had belonged to Lepidus. On the other
^ hand, Antony's relations with Cleopatra and his plans
in the Orient excited suspicion and hostility at Rome.
Egypt, Cyrene, Cyprus, and portions of Crete and Cilicia
were placed under her control. Only Asia and Bithynia
retained the character of Roman provinces. In fact, there
was some reason for believing that Antony was planning
the establishment of a great rival power in the East with
Alexandria for its capital. The feeling which this suspicion
excited was intensified when the contents of Antony's will
were revealed by some of his former friends, and it became
known that the assignment of territory to Cleopatra was
therein confirmed. Antony's neglect of Octavia, and the
fact that he divorced her in 32, played no small part in
stirring the anger of the people. The policy of Octavius
was as well adapted to win the gratitude of the Italians as
that of Antony had tended to estrange them. The sup-
pression of the piratical enterprises of Sextus Pompeius in
the Mediterranean, the lightening of the taxes, and the

146 REPUBLICAN PERIOD: HISTORICAL

restoratioa of oider in Italy, largely tfaion^ the effoits dmar i
Maecenas^ and the far-reaching improYements which Agiippa|Cb3|i
effected in Rome had won for OctaTins the sjrmpathy aDdlide
support of all classes in the peninsula. liCk:

During the years 35-3 Octavins was engaged in a is £
campaign against the Illjrrians, who had taken advantage lid '
of the disturbed condition of Italy to make incursions into \dk
the peninsula. These peoples, as well as the Dalmatians,
were conquered, and points of great stiat^cal and com- tt
mercial importance in Pannonia were occupied. Antony, ||r
in the meantime, was carrying on operations in Armenia |i
and Media as a sequel to the war which he had been
unsuccessfully waging against the Parthians ever since the
year 40. ^

I4I« Outbreak of the War. At the close of the year
33 both of them were free from other complications, and
the election of two of Antony's supporters to the consul-
ship for the following year precipitated the conflict. The
attacks which the new consuls made on the policy of
Octavius in taking possession of Sicily and Africa were
without effect, and they left the city to go to Antony.
Adopting the policy which his great leader had proposed
in the year 50, Antony offered to give up his exceptional
powers if Octavius would adopt the same course; but
Octavius had forestalled his action by deposing him from
his position as triumvir, and the war which followed was tech-
nically waged, not against Antony, but against Cleopatra.

142. Battle of Actium and Death of Antony. During
the year 32 Antony and Cleopatra collected a force of
more than 100,000 men and 500 ships. The fleet and
army of Octavius crossed from Brundisium in the spring
of 31, and the two armies lay encamped near one another
for several months. The issue was decided by a naval battle

THE PERIOD OF TRANSITION 1 47

• Actium, September 2, 31. The fleet of Antony and
)patra was deserted by its leaders and forced to sur-
ler, and after the battle the opposing army went over
>ctavius. Antony and Cleopatra fled to Egypt. Octa-
followed them thither a year later, and when Alexandria

faHen into his hands and they had learned that he
Id show them no mercy, they both took their own
. Egypt came under the personal control of Octavius.
latter returned to Italy in the summer of 29, after set-
l certain affairs in the Orient, and concluding a peace

the Parthians.

Selections from the Sources

lesar becomes master of Italy: Caes. B. C. I. 7-29; Cic. ad

Bks. VII-IX; ad Fam, Bks. XIV, XVI (passim); Plut.

32-5 ; Pomp. 60-62 ; Appian, B. C. II. 35-8. — First Spanish
laign: Caes. B, C. I. 37-55, 59-^7 ; II. 17-21 ; Cic. ad Att.
za. 3. — Defeat of Curio: Caes. B. C. II. 23-44. — Pharsalus :
i. B, C. III. 84-99 ; Appian, B. C, II. 75-82 ; Plut. Caes. 42-6. —
pey's death : Caes. J3. C. III. 96, 102-4 ; Appian, B. C. II. 81,
; Plut. Pomp. 77-80; Dio, XLII. 3-5. — Events in Egypt:
;. B. C. III. 106-112; Bell. Alex. 1-33; Appian, B. C. II.
o; Plut. Caes. 48-9; Dio, XLII. 7-9, 34-44. — Zela: Appian,
7. II. 91 ; Plut. Caes. 50. — African campaign : Bell. Afr. ;
ian, B. C. II. 95-100 ; Plut. Caes. 52-4; CatOy 56-73; Dio,
II. 2-13. — Second Spanish camp|ign: Bell. Hisp. ; Appian,
:. II. 103-5; Plut. Caes. 56; Dio, XLIII. 28-40. — Caesar's
li: Appian, B. C II. 111-117; Plut. Caes. 60-69; ^^^l- 14-17;
. Jul. 80-89; Veil. II. 56; Dio, XLIV. 9-19. — Caesar's dicta-
dps : Caes. B. C. II. 21. 5 (cf. III. 2. i) ; Appian, B. C. II. 48;

XLII. 20; Plut. Caes. 51; Cic. ad Fam. IX. 15. 4-5; Dio,
II. 14; Suet. Jul. 76; Appian, B. C. II. 106; Plut. Caes. 57;

XLIV. 8; XLVI. 17. — Caesar's tribunate: Dio, XLIL 20.
itle of imperator: Dio, XLIII. 44; Suet. Jul. 76. — Praefectus
m: Dio, XLIV. 5; Suet. lul. 76. -.-Praetorian governors, i yr.,
liar governors, 2 yrs. : Cic. Phil, I. 19; V. 7; VIII. 28. —

148

REPUBLICAN PERIOD: HISTORICAL

x6 praetors, 40 quaestors : Dio, XLIII. 47, 49, 51 ; Suet. ltd, 4i.-|ifBiC* ^
Power to nominate: Dio, XLIII. 47, 51 ; Cic. Phil. II. 80; Appian,*.^^- ^

B, C, II. 128; Suet. Jul. 76. — goo senators: Dio, XLIIL 47.-
Bestowal of Latin rights : Cic. ad Att, XIV. 12. i ; Tac. Ann. XI. 24.
— Appointment of provincial governors: Dio, XLII. 20. — Consulei
snffecti: Dio, XLIII. 46. — Seizure of Caesar's papers and treas-
ure: Cic. Phil. I. 17; II. 93; Appian, B. C. II. 125. — Meeting of
senate, March 17: Appian, B. C II. '135-6; Dio, XLIV. 22-34;
Cic. Phil. 1. I f. ; I. 31 f. ; Veil. II. 58. — Antony acquires Cis-
alpine Gaul: Cic. ad Att. XIV. 14. 4; Appian, B. C III. 27-30;
Veil. II. 60 ; Appian, B. C. III. 55. — Octavius comes slowly to 1 £. Scb
Rome: Cic. ad Att. XIV. 5. 3; idid. 10. 3; XV. 2. 3; Appian, ^. C I iSgS-
III. 9-23 ; Dio, XLV. 1-4. — His relations to Antony : Appian, B. C l-f^ an
III. 28-45; Dio, XLV. 5-9; idid. 11-15; Suet. Au^. 10. — Antony I v am
marches north: Cic. Phil. III. i ; V. 24; Appian, B. C. III. 46.— ft xyra^
Battle near Mutina: Appian, B. C. III. 66-72; Dio, XLVI. 37.- i^ccyS^
Lepidus joins Antony: Cic. ad Fam. X. 23. 2; Appian, B. C HI- | iS^l
83-4. — Pollio and Plancus join Antony : Appian, B. C. III. 97 ;< Dio,
XLVI. 53; Veil. II. 63. — Octavius is elected consul: Liv. £p-
CXIX; Appian, iff. C. 111. 88-94; Dio, XLVL 40-45. — Death of
D. Brutus: Appian, B. C. III. 97-8; Veil. II. 64. — Second tri-
umvirate formed: Liv. £/>. CXX; Appian, B. C. IV. 2 ff . ; Dio,
XLVI. 54-6; Suet. ^«^. 27; Plut. Aut. 19. — Lex Titia : Appian,
B. C. IV. 7; Dio, XLVII. 2. — Death of Cicero: Plut. Cic. 47-8;
Appian, B. C. IV. 19-20; Veil. IL 66. — Macedonia, Illyricum, and
Greece allotted to M. Brutus: Cic. Phil. X. 13-14; Plut. Brut. 27;
Dio, XLVII. 22. — Syria assigned to Cassius : Cic. Phil. XL 29 ff.;
Dio, XLVII. 28; Veil. II. 62. — Philippi : Appian, B. C. IV.
109-131; Dio, XLVII. 37-49; Plut. Brut 38-53; Veil. II. 70-72.
— Division of territory: Appian, B. C. V. 3; Dio, XLVIII. 1-2.—
Perusian war: Appian, B. C. V. 12-49; ^i'^^ XLVIII. 4-15 ; Veil.
II. 74. — Treaty of Brundisium : Appian, B. C. V. 64-5; Dio,
XLVIII. 28-30; Veil. II. 76. — Concessions to Sex. Pompeius:
Appian, B. C. V. 72; Dio, XLVIII. 36. — War with Sex. Pom-
peius: Appian, B. C. V. 77-122; Dio, XLVIII. 45-XLIX. 10;
Veil. II. 79. — Treaty of Tarentum: Dio, XLVIII. 54; Appian,
B. C. V. 93-5 ; Tac. Ann. I. 10. — Retirement of Lepidus : Liv. Ep.
CXXIX; Suet. Aug. 16; Appian, B. C. V. 122-6; Dio, XLIX.
11-12. — Parthian campaign' of Antony: Dio, XLVIII. 24-7; ibid.
39-41; XLIX. 19 ff. ; Plut. Ant. 37-52; Veil. IL 82. — niyrian

^, 1

L T^

THE PERIOD OF TRANSITION 1 49

mnpaign of Octayius : Dio, XLIX. 34-8; Appian, Bell. III. 16-28;
-av. Epp. CXX3tl-CXXXII. — Territory given to Cleopatra: Plut.
<«/. 54; Dio, XLilX. 32, 41 ; L. i,j. — War declared against Cleo-
Nttta: Plut. Ant. 60; Dio, L. 4, 6. — Actium: Plut. Ant. 64-8;
C>io, L. 31-5; Veil. II. 85. — Surrender of Antony's army: Plut.
^nt. 68. — Death of Antony : Dio, LI. 10 ; Plut. Ant. 76-7. ^-Death
of Cleopatra: Dio, LI. 11-14; Plut. Ant. 84-6.

Selected Bibliography ^

O. E. Schmidt, Der Briefwechsel des M. TuUius Cicero. Leipzig,

1893-
Tyrrell and Purser, The Correspondence of M. Tullius Cicero, Vols.

V and VI. London, 1897-^.

W. Drumann, Geschichte Roms, 6 vols. Koenigsberg, 1834-44.

A. Stoffel, Histoire de Jules Cesar : Guerre Civile, 2 vols. Paris,
1887.

A. V. Goeler, Caesars Gallischer Krieg. Tubingen, 1879.

W. Judeich, Caesar im Orient. Leipzig, 1885.

O. E. Schmidt, Die letzten Kampfe der rom. Republik (Neue Jahr.
f. Philol. u. Paed. XIII, Suppl. pp. 665-722).

A. V. Hagen, De bello Mutinensi quaestiones criticae. Marburg,
1886.

V. Gardthausen, Augustus und seine Zeit (I. i, 2; II. i, 2). Leip-
zig, 1 891 -6.

Th. Mommsen, Res gestae divi Augusti, 2d ed. Berlin, 1883.

^ See also general bibliography on p. 22.

SECTION II — DESCRIPTIVE

CHAPTER VIII

THE ATTRIBUTES OF MAGISTRACY

{a) Magisirahis, Imperium, Pofestas

143, Method of Treatment. Our historical survey of
the development of Roman political institutions has shown
that the right of initiating action was the peculiar preroga-
tive of the magistrate, and that in the early period he was
practically the supreme lawgiver and judge, as well as the
executive. To put it in another way, the functions acquired
later by other branches of the government were in the early
days exercised by the executive. We have traced the
process of differentiation. First of all, the senate, which
was at the beginning of the republic merely an advisory
body, found means to enforce its claim to a share in the con-
trol of the state. Later, the popular assemblies developed,
and finally a well-organized judicial system was established.
A systematic examination of Roman political institutions
will, therefore, follow the order of historical development, in
taking up first the magistracies, then the senate, the popular
assemblies, and finally the courts of law. Our historical
investigation has suggested one other important point in
the method of treatment. At the beginning of the repub-
lican period the magisterial power was vested in a single
college of magistrates. The establishment of new magis-
tracies, as time went on, meant simply the assignment of

150

121

MAGISTRATUS, IMPERIUM, POTESTAS I51

rtain specific duties to the new officials. The new
agistracies had all the general characteristics of the
iginal magistracy out of which they sprang. Therefore,
ifbre passing to an examination of the functions of the
dividual magistrates, it will be natural and convenient to
>iisider the general attributes of the Roman magistracies
iken as a unit.

144. Definition of Magistratus. The term tnagistratus
'as used of the office and of its incumbents. In the con-
rete sense the magistratus was the authorized representa-
Lve of the people for the conduct of public business of

secular character. His authorization came through an
lection by the populus. The dictator, interrex, and magis-
er equitum, who were appointed by a magistrate, and were,
herefore, only indirectly dependent on a popular election,
p'ere relics of the monarchical constitution, and not prod-
icts of the republic at all. The tribunes were chosen in
n assembly made up of plebeians only, so that in the strict
ense of the word they were not magistrates. Priests do
lot fall in this category because their duties were of a
eligious character.

145. Magistratus Maiores and Minores. According to
he point of view from which they are considered the
lagistracies may be classified as magistratus maiores or
tinoresy patricii or plebeii^ curule or not curule, ordinary
r extraordinary, cum imperio or sine imperio. The Romans
tiemselves differed in their classification of the magistra-
ies as magistratus maiores or minores. Thus the augur
iessala (Gell. XIII. 15. 4) maintained that the interrex,
onsul, praetor, dictator, censor, magister equitum, and all
lagistrates or pro-magistrates vested with consular or prae-
)rian power, inasmuch as they had the right to take the
uspicia maxima, were magistratus maiores. The others.

152 REPUBLICAN PERIOD: DESCRIPTIVE

who could take only the auspicia minora^ were magistratui 1 1^
minores. On the other hand, it seems better to draw tlie liai]
line of distinction between these two classes of magistrates \^
rill. 1. 225 f. below the quaestorship, because the quaestors and aediles Ip
with the higher magistrates were admitted to the senate in ^res
the later republic by virtue of having held their respec-
tive offices, whereas magistrates of a lower rank were not
members of that body.

146. Magistratus Patricii and Plebeii. Up to the
middle of the fourth century b.c. the terms magistratus |rii
patricii and plebeii were applied to the magistracies open
to patricians and plebeians respectively. After plebeians
had been made eligible to all the magistracies the distinc-
tion has no technical meaning. The tribunes are some-
times styled magistratus plebeii^ but inaccurately, because,
as we have seen, the tribunes were strictly speaking not
magistrates at all.

147. Curule and non-Curule Magistracies. The right to
use the curule chair was a privilege belonging especially ^
to magistrates who had the imperium. When the cunile
aedileship was established, however, the sella curulis was
made one of the insignia of the office, although the incum-
bent of the office did not have the imperium. The magis-

;. R. 1. 401 f. trates (not including plebeian officials) above the quaestor
were magistratus curules,

148. Magistratus Ordinarii and Extraordinarii. Ordi-
nary magistrates were those who • were chosen at fixed
intervals, like the consul or censor. Those who were
elected for an exceptional purpose were called magistratus
extraordinarii. Some of the magistracies of the latter class,
as, for instance, the dictatorship, formed a regular part of the
Roman administrative system, while others, like the decem-
virate or the consular tribunate, were extra-constitutional.

MAGISTRATUS, IMPERIUM, POTESTAS 153

149. Magistratus cum Imperio and sine Imperio. The

onsul, praetqr^ictator, and magister equitum had the
nperium. The censor, aedile, quaestor, and of course
bie^plebeiaii- officials, were sine, imperio. The imperium
epresents the supreme authority of the community in its
lealings with the individual. It is not strictly opposed to
MestaSy which is a generic term to indicate the power Festus, v.
nth which a magistrate was vested for the discharge of his p"^o/ed^M
luties. Under the republic the exercise of the imperium
vithin the city was limited, especially by the right of appeal,
[t was still enjoyed by the magistrate abroad, however, and
the term was practically restricted in its application to the
absolute power exercised by him.

150. Maior Potestas. The various magistrates exercised
ftmctions of so different a character that the members of
the several colleges had the right of initiative, and within
their own sphere of duties were practically free from out-
side influence. However, to avoid the danger of conflict
md the consequent stoppage of the machinery of govern-
Qient, in matters like the summoning of the senate or the
comitia, where the abstract right to take the contemplated
iction was vested in more than one magistracy, the maior
potestas of one college over against another was recognized
^y the constitution. On this basis the offices were arranged ^
n the order of dictator, consul, praetor, aedile, and quaestor. Lex Sal-
^o one of the magistrates mentioned had the maior potes- ^^^^t.
as over t he censor, but he enjoyed that right over the \
[uaestor and aedile, whose duties were in some respects akin
3 his. In the exercise of his maior potestas a. higher magis- Gell. 13. 16.
rate could either forbid a lower magistrate to take action in 2-l\ i. 36.

specific case, or suspend him from office altogether.

We have seen (p. 25) that the republican chief-magis-
•ate, when compared with his monarchical predecessor,

154 REPUBLICAN PERIOD: DESCRIPTIVE

was placed under two important limitations. He s!
his office with a colleague, who had the right to veto
action, and he held office for a limited period. The s
tem of collegiality was one of the most peculiar features
the Roman constitution. It promoted efficiency, in tl
the functions of an office could be exercised simultaneously
by the several members of a college. This was not the!
real purpose of the arrangement, however. It was rather
devised to protect the citizen from the arbitrary action of
a single magistrate.

151, Par Potestas and the Veto Power. Each member
of a college was at all times vested with the full power ol
his magistracy, and his negative right to prevent the com-
pletion of a given undertaking took precedence of his
colleague's positive right to take the step in question,
The technical term for this exercise of the par potestas^
which existed between the members of a college, was inter-
cession The exercise of this negative power was subject
to three conditions. The protest must be made by a
jen.13.12.9; magistrate in person; it must be made against a magis-
y 20. 1. trate, and directed against a matter already partially

advanced toward completion. The first limitation made
an oral exercise of the right necessary. The second
one theoretically exempted action taken by the comitia
from the scope of the intercession Even this limitation,
however, left it within the power of a magistrate to inter-
fere with the action of a colleague presiding over a populai
assembly up to the point where the people declared thei
will with reference to a proposition.

The par potestas was, therefore, more restricted in it
application than the maior potestas, since the latter allowe(
a higher magistrate not only to exercise the right
intercession as just indicated, but also to forbid a lowe

MAGISTRATUS, IMPERIUM, POTESTAS ISS

agistrate to make a proposed arrangement, before any
•eliminary steps looking to its establishment had been
ken, or to declare invalid such an arrangement when
irfected by him. A member of a magisterial college,
^wever, in the exercise of his par potestaSy could inter-
ose his veto only when his colleague had made some
rogress toward the accomplishment of his purpose. The
etc power was not often used by a magistrate against a
olleague. It was of little effect, because the magistrate
^ho disregarded it could not be called to account until
is term of office had expired. The tribune, however,
ould veto the action of any regular magistrate, and could
ttipose an immediate penalty for the non-observance of
he veto, and since, as we have already seen (p. 45), at
m early period the tribune became the recognized repre-
sentative of the rights of the individual, as opposed to the
-laims of the community, his veto power superseded that
>f the magistrate, and put an effective limitation on the
tiagisterial prerogative. In point of fact conflicts be-
:ween members of a college were generally aivoided by
aking joint action in a specific case, by adopting the
)rinciple of alternation, by assigning functions on the basis Cic. de Re
)f seniority or by lot, or by giving different provinciae uv. 2.%f I;

o the several members of a college. Thus, in the early 22.27.10;

, 35- 20. 2.

)eriod, the consuls, although both were in full possession

)f the consular power throughout the year, in practice alter-

lated from month to month in the active exercise of that

)ower within the city. When they were in joint command

)f an army in Italy they commonly alternated day by day. Liv. 4. 46. \

The possession of the fasces passed from one to the other ^^' ^^' ^'

indicate the change. In the case of most magistracies,

lowever, provinciacy or distinct spheres of action, were

issigned to the several members of a college, so that there

156

REPUBLICAN PERIOD: DESCRIPTIVE

was scarcely a possibility of conflict. This was true, fo#.^
instance, of the praetorship and the aedileship. In su(#'^
cases the system of collegiality dropped away altogether.

(b) Term of Office

iiU£

!i3

152. Limited Term of Office and the Prorogatio Imperiil^

The second limitation put on the republican magistracies*^
was of still greater importance than the one just discussed,* ^
and perhaps no political change contributed more to the
downfall of the republic than the failure to observe it. Al
ma^strates held office for a fixed and brief period, and the
more exceptional the power 'olf an official was^ th& briefer
his term of office was. Thus the consul and most of the
regular magistrates held office for one year, while the dic-

Cic. de Legg. tator's term was not to exceed six months. Two contin-

^ ^' gencies might arise which would lead to a violation of tl

practice. Exceptional circumstances might necessitate a^
prorogatio imperii^ or extension of the term of office
beyond the fixed period, or magistracies might become
vacant before the expiration of the legal term. The first
contingency arose now and then in case of an important
war. In 326, at the end of the consular year, the con-

Liv. 8. 23. 12. sul Q. Publilius Philo, who had charge of the forces act-
ing against the Samnites, was instructed to retain command
of the army until the war was brought to an end (cf.
p. 44). He was said to act pro consule, but his power
was less than that of a consul, since it could be exercised
for a specific purpose only and only within a limited terri-
I tory. The precedent which was set in this case was not
infrequently followed later, but the prorogatio imperii was

Liv. 9. 42. 2. usually for a year or even for a shorter time. However,
when the era of territorial aggrandizement outside cf

POWERS OF THE MAGISTRATE 1 57

ly began, toward the close of the third century B.C.,
5 occasional expedient became an integral part of the
man administrative systenu Instead of directly choos-
; officials to act as provincial governors, these positions
re filled by extending the term of office of magistrates

had served for a year at Rome, and the governors in
i various provinces acted pro consule or pro praetore, as
5 case might be, and in course of time the maximum
lit of one year set for such an extension of the term of
ice was no longer observed.

153. Filling of Vacancies. On the other hand, a magis-
Lcy might become vacant before the expiration of the
jal term. Such a contingency might arise, for instance,
)m the death or resignation of one consul or of both.

there was one vacancy in a college, it was filled by the
action of a new member to hold office for the rest of the Herz. i. 611.
rm. If both places were vacant, two new members were
losen to hold office for a full year from the date of their St. R. i.
auguration. Consequently in the early period the official
Jar does not begin at any fixed date in the calendar; but
3m 217 the beginning of the official year was fixed at Herz. l. 614.
arch 15. This continued to be the accepted date until
;4. From that time on, the consuls regularly entered on
eir offices January i,

154. The Constitutional Powers of Magistrates. A mag-
[rate having the imperium represented the community in

1 its dealings with gods and men. The imperium included I
e power (i) to tak^ the auspices and to supervise certain \
her religious -matters which had a bearing on political
:tion, (2) to represent the state in its dealings with

158

REPUBLICAN PERIOD: DESCRIPTIVE

(

Cic. de Div.

Liv. 3. 20. 6;
21. 63. 7-9.

Gell. 3. 2. 10 ;

Censorinus,

23.4.

Cic. ad Att.
4. 9. I ;
Phil. 2. 80;
deLegg.2.31;
de Div. 2. 42 ;
in Vat. 20 ;

Liv. 4- 7. 3 ;
8. 15. 6.

individuals and with other communities, (3) to c<
the army and navy, (4) to punish those who w
constituted authority, (5) to exercise civil and
jurisdiction, (6) to issue proclamations and edictj
summon the senate and popular assemblies for deli
and action on affairs of state, (8) to supervise adi
tive matters affecting the welfere of the communi
individual citizens.

155. The Taking of Auspices. As we have
noticed (p. 26), after the establishment of the co:
the control of strictly religious affairs, whether of a
or a particular character, rested with the priei
religious matters having a political significance wei
the magistrate, and the priests participated in su
only to the extent of assisting or giving technical
The Romans believed that the pleasure of the g
particular case could be learned by adopting th<
means, and that it was desirable to govern one's a
it. In particular it was necessary to consult the
taking auspices before the election of a magistrat
his assumption of office, before a meeting of the ci
a. legislative body, and before a magistrate set c
campaign. In the first three cases the auspices
taken on the day and on the spot of the proposed
If unfavorable omens preceded or accompanied the
of a magistrate, or the passage of a law, there e
legal defect (y if turn), which in the one case made i
bent on the magistrate to lay down his office, an"
other case necessitated the reenactment of the bi]
comitia. In the last century of the republic, howe
measure with a technical defect of this sort was t
later by the senate and favorably acted on, it
valid. In all cases political action of which t

POWERS OF THE MAGISTRATE 1 59.

tpproved could be taken on a subsequent occasion, if •
tie auspices were favorable. No legal penalty attached to
b.e non-observance of unfavorable omens. Thus Crassus
iid not expose himself to a penalty at the hands of man
^hen he disregarded unfavorable auspices in crossing the
Euphrates, but the disaster which befell his Parthian expe-
lition vindicated sufficiently the dignity of the gods.

156. Auguria Oblativa and Auspicia Impetrativa. The
Sods were supposed to indicate their will through unsought
Daanifestations {auguria oblativa or dirae)y or by means
of auspicia impetrativa, i.e,, in answer to inquiries properly
Daade. The first class of warnings came, for instance, in the
form of a flash of lightning before a meeting of the comitia,

Or took ' the shape of a case of epilepsy among the voters. Festus,

Officiating magistrates, or augurs commissioned by them, p ^^° ^ /^
obtained auspicia by watching for signs {spectid). They

B^ere of three classes : signa ex avibus, signa ex quadru- Servius on

pedibuSy and signa caelestia. Omens of the first two sorts and 5! 197 •

(vera to be had by marking off a square (templurn) on the ^fstus, v.

ground, or on the sky by drawing imaginary lines, and by templa and

sinistra6&v6

^ratching the progress across it of four-footed beasts or pp. 157, 339
birds, as the case might be. Signa caelestia were obtained ®^* ^*
by noting the direction of flashes of lightning through a Cic.de Div.
previously determined part of the heavens. In the field ' *
auspicia pullaria were commonly taken from the behavior Liv.io.40.2
of chickens while eating.

157. Regulations governing the Auspices. The officiat-
ing magistrate could theoretically heed or disregard the
announcement {pbnuntiatid) of unfavorable auspices by
another official. In case conflicting omens were observed
by different magistrates, the preference was given to those
of the magistrate who had the maior potestas. Ultimately,
however, the higher magistrates avoided such conflicts by Geli. 13. 15.

l6o REPUBLICAN PERIOD: DESCRIPTIVE

forbidding the lower magistrates to take the auspices on a
given day. The practice of taking the auspices* was a part
of the old patrician regime, so that for several centuries thcj
tribunes did not exercise the right, and omens played no
part in the meetings of the plebeian assembly ; but by the
lex Aelia Fufia^ of about 155, they were applied to the

. R. 1. 113. plebeian assembly, and could be taken by the tribunes, and
were also used by the magistrates against the tribunes.!
The use of auspices afforded such a convenient means of]
interfering with meetings of the popular assemblies that the
mere announcement of a magistrate's intention to take
them on a certain day was sufficient to cause a postpone-

c. pro Sest. ment of the comitia. Consequently, by the lex Clodia of
58, obnuntiatio was forbidden. Besides the taking of the
auspices, other religious matters, which rested with the mag-
istrate, sometimes with the cooperation of the senate or the
comitia, were the reception of new forms of worship, the
establishment of new priesthoods, the building of temples,
and the authorization of holy days.

158. Power to represent the State. As the authorized
representative of the state, the magistrate in time of war
could declare a truce with the enemy, and he could con-
clude peace with a hostile state, subject to the approval of the

V. 9. 5. 1 ; people. Disposal of the spoils of war and control of the state
' '^* ^ land had been part of the royal prerogative, but under the
republic the senate and the people took these matters into
their own hands. However, all current business connected
with conquered territory and the ager publicus^ such as the
rental of state lands, was in the hands of the magistrates.

159. Rights as Commander-in-Chief. The centuriate
comitia alone had the right to declare war, but the prose-
cution of it was left to the chief -magistrate. As commander-
in-chief of the forces of the state he was empowered to

POWERS OF THE MAGISTRATE l6l

•v-y and organize troops, to conduct a campaign, and to Liv. 22. 38
include a provisional treaty of peace with the enemy. A "^ ' ^^ ^
3rict line of distinction was drawn between the powers of
magistrate at home {domt) and abroad (militiae). Up
o the first milestone outside the city the magisterial power Her^'. i.
B^as limited by the right of appeal and by the tribunician ^^' ^ ^'
'eto. Beyond that point the magistrate, in whose fevor
he lex curiata de imperio had been passed, acquired the
mlimited power of the imperium. The civil magistrate, as
»^ell as the general in time of war, therefore, had the power
t>eyond the limit mentioned of inflicting the death sentence ;
t>ut, sometime between the second Punic war and the period
^f the Gracchi, the leges Porciae gave citizens, wherever they Cic. de Re
ftiight be, the right of appeal in a question of life or death, p^^ nf k^"^
\ Roman general, however, retained the right to inflict W^- " *»
ieath as a military penalty, although in such a case a man ii. 5- 163 ;
-ould not be flogged to death. The possession of the full * *
Dower of the imperium was indicated to the eye by the fact
:hat beyond the first milestone the bundle oi fasces borne St. R. i.
3y the lictors included the ax (securis). On the other ^' ^^^ *
tiand, the magistrate lost the imperium and the insignia
indicating it, except in case of a triumph, when he entered
the city. The right to a triumph was implied in the pos-
session of the military authority which the imperium con-
ferred, but was conditional on winning a decisive battle Liv. 10.37.
in which the enemy lost 5000 men. The war must also 28! 38.^4;'
have been carried on against a foreign foe, and must have J^^'i^m^'
led to an extension of the limits of Roman authority. 8. i.
The honor could be claimed only by dictators, consuls, or
praetors, or by pro-magistrates acting with the authority of
the two last-mentioned officials. In the last years of the
republic the senate used its power of granting or refusing
a, triumph to express its approval or disapproval of the

l62 REPUBLICAN PERIOD: DESCRIPTIVE

conduct of a campaign^ without strictly observing the legAiely <
:. Phil. requirements in the case. A supplicatio was also sometimcaBetcn
^'^' granted by the senate, and a successful general mighlpaC

<r. 27. 19.4; receive the title of imperator from the senate, or on

" PhiL 14.

;Tac.Aim. field of battle by acclamation.

^^ 160. Disciplinary Power of the Magistrate. The Romaal^j

magistrate had the power to punish the disobedient «]
those who interfered with him in the discharge of his duty.
His exercise of this disciplinary power is to be distinguished
from his judicial functions. In the latter case offenses were |
carefully defined and classified by law; the fects were I
elicited in accordance with a prescribed method of pro-
cedure, and the penalty was also prescribed. In discipli-
nary actions conducted by an executive officer the nature
of the offense and of the penalty were determined by the
magistrate, largely in accordance with his own discretion.
This disciplinary power belonged originally only to the
magistratus cum imperWy but was subsequently conferred
upon the censors, aediles, and even the tribunes. The

c. de Legg. common penalties inflicted were fines, corporal punishment,
imprisonment, and death. Within the city in the course of
time magistrates were forbidden to inflict corporal punish-
ment on citizens, and cases involving the death sentence
were tried' before the centuriate comitia. After the passage

c. deRe of the lex Atemia Tarpeia (cf. p. 76) all cases in which

stus' ' the fine exceeded 3020 asses could be appealed to the

237,ed.M.; tribal assembly.

161. Civil Jurisdiction of the Magistrate. The civil
jurisdiction of the magistrate might be infer privatos or
inter populum et privates. In the early republican period
cases of both kinds were heard by the consul. In course
of time, however, the exercise of judicial functions became
the exclusive prerogative of certain magistrates chosen

POWERS OF THE MAGISTRATE 1 63

olcly or partly for that purpose. Thus, in the year 366,
^x-aetors were elected for the first time to relieve the con-
>^il of his judicial duties (p. 37) in civil suits in which both
C>3jties were private individuals. In Italy, outside of Rome,
similar functions were performed by circuit judges, known
^« Jfrae/ecti iuri dicundo (cf. p. 74). In the provinces the
governor administered justice. The collection of the taxes
^^d of rental from the state land gave rise to many civil
sxiits to which the state was a party. Such cases were
heard by censors, quaestors, and aediles, within whose
province the management of public finances fell. This
itiethod of procedure was manifestly unfair to the indi-
vidual. Under it the magistrate who brought or defended
the suit in the name of the state also acted as the judge,
from whose decision no appeal could be taken.

162. Criminal Jurisdiction of the Magistrate. The exer-
cise of the magistrate's judicial functions, as well as his
disciplinary power, was limited by the right which citizens
had of appealing to the popular assembly when a magistrate
imposed the death sentence or a fine of more than 3020
asses. The establishment of quaestiones perpetuae, or stand-
ing courts, in the second century (cf. p. 74), and the
development which the system underwent during Sulla's
dictatorship (cf. p. 106), led to very important changes in
the criminal jurisdiction of the magistrate. Most of the
newly established courts were under the presidency of the
praetor, whose duty it was to conduct the preliminaries to
the trial, to preside during the trial proper, and to announce
the innocence of the accused person, or fix the penalty, in
accordance with the decision of the jury.

163. The Right to issue Proclamations. The right to
enforce obedience carries with it the right to announce pub-
licly regulations which shall be binding on the community.

l64 REPUBLICAN PERIOD: DESCRIPTIVE

In Rome proclamations took the form of edicta^ or inagis-| [66
terial announcements affecting the entire community or
whole classes of citizens, or of decreta concerning indi-
viduals. The proclamation of a magistrate naturally dealtEi tl
with matters over which he had special jurisdiction. Itpn
was valid only during the term of office of the magistrate
who issued it. In this respect it differed from a law. It
acquired the practical force of a law, however, in the case
of the edictum tralaticium^ i,e., when successive magistrates
adopted and announced the same body of regulations which | x(
their predecessors had issued.

164. The Right to preside over Legislative and Electoral
Bodies. Public meetings for the discussion of political
questions had an official character, since they could be called

. by officials only. Such gatherings, called contiones^ were Ir
under the presidency of an official, and no one could
address them without his consent. They usually preceded |^
the comitia^ or assembHes held for electoral or legislative
c. de Legg. purposes. The higher magistrates had the ius agendi cum
populo^ or the right to summon the comitia and preside over
them. Limitations put on certain magistrates in specific
cases will be noted later. The plebeian officials had only
the ius agendi cum plebe. The tribune, as well as the
higher magistrates, had the right to call the senate together
;ll. 14. 7. {ius agendi cum patribus) , lay matters before it, and ask for
^' a vote upon such motions as might be made.

165. General Powers as an Executive. It may go with-
out saying -that to the magistrate, who represented the
legislative branch of the government, fell the superin-
tendence of administrative business and the execution of
judicial decisions. He had charge of such matters, there-
fore, as the erection of public buildings, the receipt and
payment of public mpneys, and the maintenance of order.

EMOLUMENTS, INSIGNIA, ATTENDANTS 165

166. The Consilium. In the performance of important
Katies he was assisted by a consilium^ or board of technical
ciAdsers. Such a board assisted the censor, for instance, St. R. 11. 46
ixd the praetor in rendering their decisions in certain judi-

ial matters. The theoretical relation also which the senate
Kire to the consul was that of a consilium,

(d) Emoluments, Insignia, Attendants

167. Emoluments of Office. A Roman magistracy under
the republic was regarded as an honos pure and simple, so
that no salary was paid to any official. ^For this reason
Only the well-to-do could hold office, and, during the last ,
Century of the republic, when success in the elections
depended on extravagance shown in the games, candidacy
inust have been confined to the rich — or at least to those
Vrhose credit was good. The magistrate received compen-
sation out of the state treasury, however, for any money
which he might be required to pay out in the perform-
ance of his duty. In some cases the compensation fell
far short of the sum which he was required by necessity
or tradition to spend. This was true, for instance, of the
outlay which the aedile made for the public games. On the

other hand, the requisitions which commissioners and pro- Liv.29. n..
vincial governors could make for the suitable maintenance cIc.^deLeg.
of themselves and their retinues became a source of great Asj.- 2. 32 •,

• All V Cl I •

profit. (passim).

168. Insignia of Office. The magisterial dignity was
indicated to the eye by insignia and by attendants. The

most characteristic mark of office was the toga praetexta, Plut.Q.R.8
which all magistrates from the consul to the aedile wore

within the city. When abroad, the consul put on thtpaluda- J^^^ ^* P

mentum, a short red cloak. On occasion of a triumph a ed m!

l66 REPUBLICAN PERIOD: DESCRIPTIVE

successful general wore the toga purpurea. On for
occasions, as when administering justice, dictators, consi
iv.40.45.8; censors, praetors, and curule aediles sat on a sella curd
%i,^ ^' placed on a tribunal. In early times the magistrate also

the right to ride in a vehicle within the city limits. Perhapl|B o«
no external mark of office was more highly prized and
more practical importance than the ius imaginum, Ever^tbe
family which included a, curule magistrate in its number!
ic ad Fam. the right after his death to keep in the atrium a painte
Ven-! waxen mask in his likeness with an inscription (//Mw)j

.5-36; beneath it setting forth his offices and achievements.

IV. 10. 7. 11; ° 1

lin. N. H. These imagines constituted the patent of nobility for that
'' ' patricio-plebeian aristocracy which ruled the state for three]
. centuries.

169. Lictors. The higher magistrates were attended inl
public by lictors, who protected them and cleared awayl^
for their passage. The lictors bore over their left shoulder a
bundle of rods, called \}sMt fasces, which S5niibolized the magis-
trate's right to enforce obedience. The ax {securis) , placed 1^
within the bundle and carried outside the city, indicated |!i
his power of life and death. The number of lictors in
attendance varied according to the rank of the magistrate. 1^

Diyb. 3. 87. Twenty-four attended a dictator, and twelve a consul. The la

; Censo- 1

nus, 24. 3; praetor urbanus had two, while the praetor or propraetor |i3
"5.^42.^" in a province was accompanied by six. Censors, and
magistrates from the aedile downwards, had no lictors. In
the provinces the lictors inflicted corporal punishment and
the punishment of death, when ordered to do so by the J
magistrate.

170. Scribae, etc. The scribae held the most important
position among the subordinates of the several magistrates.

,., _ They were assigned to magistrates by lot, and from them

r llm. Ex. • J 1 • 1 r

iscr. 1302. received the titles of scribae quaestorii, aedilicii, etc., as the

CONDITIONS OF ELIGIBILITY 167

Euse might be. Viatores acted as messengers, ^ndi praecotus Festus,p.37
ixnounced a meeting of the senate or the people, and varro L. L
Lixnmoned individuals to court. Accensi were personal 6.86-91.
trtendants of a magistrate, who were usually chosen from
lis own household, and had, therefore, only a quasi-official
tatus. Most of these positions were held by freedmen
>r the sons of freedmen, and the principles of civil service Cic. ad Q.
"^form were observed to such an extent that an apparitor ' ' ^' ^^'
^as not only reasonably sure of retaining his office during
5ood behavior, but could usually transmit it to his son, or
Sell it, provided, of course, that the new incumbent was
Regarded as a suitable person for the position.

{e) Candiiious of EUgibility

171. General and Special Conditions of Eligibility. In
aarly times, of course patricians only were eligible to the
cnagistracies, but after the middle of the fourth century
class distinctions counted for nothing, in so far as eligi-
bility to political office was concerned, except that patricians
could not be elected to plebeian offices, nor to certain
places in the magisterial colleges reserved for plebeians.
In Cicero's time it was required of all candidates for office
that, they should be citizens, and that they should have a
respectable standing in the community. Furthermore, they
were not eligible to reelection until an interval of ten years
had elapsed j(p. 70), nor could a person hold two offices
at the same time. Freedmen and their sons were in gen- St. R. i. 48^
eral not eligible. Some of these points were not strictly
observed during periods of political disturbance. The
magistrates who conducted the election passed on the
eligibility of all candidates. Special conditions of candi-
dacy were fixed for particular offices, notably the higher

l68 REPUBLICAN PERIOD: DESCRIPTIVE

ones. The most important of these were the attainr
of a certain age and the observance of the certus
magistratuum,

172. The Certus Ordo. From a comparatively (
period the tradition had grown up that certain offices i
be held before one could be elected to certain c
offices. This condition was given a legal form by
lex Villia of 180 (cf. p. 70), and by one of the
Corneliae of 81 (cf. p. 105). These laws required or

t. R. I. hold the quaestorship before assuming the praetorship,

the praetorship before the consulship. Further than
republican legislation does not seem to have gone,
custom had set the quaestorship before the curule ae
ship, and the duties of the curule and plebeian ae
were so similar that they both fell into the same ]
in the series. The tribunate was so closely connected
the plebeian aedileship that it was placed next in <
below it. However, since plebeian offices could nc
held by patricians, it was not necessary that a cand
for a higher magistracy should hold them. Membe
in one of the colleges making up the XXVI viri^
the office of tribunus militum, preceded the quaestoi

t. R. 1. 548. Finally it was customary to choose ex-consuls only t(

(dictatorship and censorship, so that the certus ordo, e
lished partly by law and partly by custom, in the
t. R I. indicated above, was : dictator, consul, interrexy pn

Si f

magister equitum, censor, aedile, tribunus plebis, qucu

one of the viginti sex viri, tribunus militum, Perhap

censorship was assigned in this official gradus honoru

the position which it holds, below the consulship and

torship, because the censor was not attended by lictorj

173, Age Requirement. In the early period of
republic there was no minimum age requirement fixe

CANDIDACY, ELECTION, RESPONSIBILITY 169

stxikdidates for the various offices. The matter was left
liolly to the discretion of the magistrate who conducted
i^ election. It was, however, covered , in part by the
?.3kr Villia and by legislation of 81, but the provisions of
tiese two laws are not known with certainty. It is Will. Dr. 242

n. 2 ' xlcrz.

►iTobable, however, that after the time of Sulla thirty-one 668,'n. i ;

St R I

'ears was the minimum age for the quaestorship, and forty 553 g
'^ears for the praetorship, and that an interval of at least two
''ears was required between the end of a term of office and
He assumption of the magistracy next above it. Indirectly
iiese two provisions also made forty-three the minimum
ige for the consulship.

(/) Candidficy, Election, Resignation, Responsibility

174. Professio. Candidates were not formally nomi-
nated for office by their supporters, as is the case in this
Country, but they announced their own candidacy, as in
England those who wish to be elected to membership in
the House of Commons usually do ; although, if we may
tnake an inference from the political posters found in
fompeii, this personal announcement was often prompted
by the privately or publicly expressed desire of personal
friends or political supporters. Since the official who pre-
sided at an election exercised his discretion in passing on
the eligibility of a candidate, it was desirable to get his
opinion on that point before the election took place. For
this reason candidates came to adopt the practice of
formally notifying the prospective chairman of their in ten- Liv. 7. 22. 8;
tion to stand for a certain office. Thereupon the official veih 2.^92.
formally announced his acceptance or rejection of their 3-4-
candidacy, although this did not prevent him from recon-
sidering his decision at the time of the election. This

I/O REPUBLICAN PERIOD: DESCRIPTIVE

practice of making a professioy or preliminary annc
ment of one's candidacy, was crystallized, probably
into a law, which provided that the professio shot
made seventeen days before the election took place,
law, as we have already noticed (p. 114), play
important part in the quarrel between Caesar an
senate.

175. Petitio. In the interval between XhQ profess
the election came the petitio, although in point of
the last years of the republic the political canvass be
least a year before the election. Candidates for
appeared in the forum clad in a newly whitened
:ic. adAtt They shook hands with voters, and took care to 1
jv! 4/25. 13; well-attended salutatio, and to be accompanied bj
• 15- 12-13. escorts in going to and fro. They sometimes ga\
gesses, contributed money out of their own pockets :
public games, and aimed at securing the support of
and political clubs. Of course success in a forei^
gave a candidate prestige, and full use was made
fact. As the right of citizenship was extended I
:ic. ad Att. the limits of Rome, electioneering tours were unde
throughout Italy. General public meetings to prom<
interests of a particular person do not seem to hav<
held, but candidates probably had an opportunity
forth their political " platforms," and to criticise
opponents at contiones called by friendly magistn
discuss public measures, and doubtless certain clu]
guilds held meetings of a political character. That
dates for office were not contented with the use of
mate political methods is shown by the passage of nui
bribery laws from the early part of the second c
onwards (cf. p. 71), and by legislation against the soi
or political clubs.

1. 2.

CANDIDACY, ELECTION, RESPONSIBILITY 171

176. Elections. All elective magistrates were chosen t

^ the populus^ Le,y in the comitia centuriata or the patricio- I

L^beian comitia tributa, lo^th^JGaniier the consuls, praetors, / GelL 13. 15. 4.

5^ censors were elected. Curule aediles and quaestors I

^^re chosen in the comitia tributa. Tribunes and plebeian Vac. Ann.

•^ II. 22 *
^diles were elected in the concilium plebis. For the cen- liV. gU^. if.

Lii-Ti^te comitia^ meeting as an electoral body, the presiding

►^fi&cer was the dictator, consul, or interrex; for the tribal CicadAtt.

^mitiaj the dictator, consul, or praetor ; for the concilium ^ ^ ^'

^JebiSf the tribune. After Sulla's time elections took place

usually in the latter part of July. The exact date was st R. i.

ixed by the magistrate. A postponement was not uncom- ^^ "' ^'

>rion in the later years of the republic. Thus, in 59, the CicadAtt.

^lections were not held until October, while bribery and ^•^°"^-

Science prevented them from being held at all in 54. cic. adQ.

6)ven after a majority of the votes had been cast for a oio 40. r7^

c^andidate his election did not become valid until a formal

Announcement {renuntiatio) of the result had been made Veil. 2. 92.

by the presiding officer, and cases were by no means Jj^ ^^^ -j.

Vmknown where the chairman had refused to declare a

certain person elected.

177. Entrance on Office and Retirement from It. In
Cicero's day the quaestors assumed office December 5, cic. inVerr.
the tribunes December 10, the consuls and all the other. ^^L^^^^^
magistrates January i. Early in the morning of the first

of January one of the newly elected consuls took the
auspices, went to the capitol, attended by senators, and Ov. Fast.
made a sacrifice to Jupiter. Later in the day he called Suet. Aug.
a meeting of the senate, which was attended by the other lw. 26. 26. 5.
magistrates, to consider public questions of a general char-
acter. Within five days after taking office, magistrates ,
were expected to take an oath to support the laws {iurare
in leges) . Those magistrates who were to hold the imperium

172 REPUBLICAN PERIOD: DESCRIPTIVE

St. R. 1. 628 f.

Geii.i3.-i5-4; were required to secure the passage of the lex curiaii

Agr. 2. 26 ff. de imperio. Some fictitious importance was given to tl
formal act in the later years of the republic by the oppo-
sition of the tribunes. A magistrate could resign befoit
his term of office had expired, and, in case of criminal con-
duct; moral pressure could be brought to bear upon him
to induce him to resign, as was done in 63 in the case o(

Cic. in Cat. Lentulus. He could be removed from office, however, only
by the people who had elected him, but this radical step was
rarely taken in times of peace (cf. pp. 95, 135).

178. Responsibility of Magistrates. Theoretically, magis-
trates, like private citizens, were amenable to the laws, and
civil or criminal action could be brought against them
either during their term of office or after its expiration.
However, certain considerations of a theoretical and prac-
tical nature put a check on the application of this principle
in its extreme form. Thus action could not be brought
against a magistrate in office unless the judge before whom

Suet. lul. 17; the case came had the maior potestas. The consul was,
' ' therefore, exempt from trial during his term of office,
because no magistrate had the maior potestas over him.
Furthermore, the danger of interfering with the transac-
tion of public business usually checked any attempts tc
hold even a lower magistrate responsible in the courts,
until his term had expired. The dictator could not be
called to account in any case, and, although the censoi
does not seem to have been exempted by law fron
responsibility for his conduct, the proper performance
his duties involved the exercise of so much discretioi
that no successful action ever appears to have beei
brought against him. The development of one phase
the tribune's functions deserves special notice in thi
connection. From the outset he was vested with the righ

CANDIDACY, 'ELECTION, RESPONSIBILITY 1 73

o inflict a summary punishment on any one who violated
tke sanctity of his person, or disregarded his veto power.
^s we have already noticed (p. 76), the irregularity of
Ixis procedure, and the theory that a failure to recognize
ii-e rights of the representative of the plebs was an offense
i-gainst the dignity of the whole order, led to the practice
^1" bringing such cases, especially if magistrates were
^flenders, before the concilium plebis. Before this court
&x:-magistrates were freely held responsible for malfeasance
*-ii office, embezzlement of public funds, and for other
offenses of a more or less political character. After the
Establishment of the quaes tiones de repetundis, de ambitu,
^xid de maiestaie (cf. p. 106), offending magistrates, espe-
cially provincial governors, at the end of their term of
office were brought before these courts. The purpose of
these actions was often, not to secure justice, but to win an
advantage by discrediting a political opponent.

Selected Bibliography^

^ommsen, Rom. Staatsrecht, 3 vols. (Vols. I and II in 3d ed.)

Leipzig, 1887. (Cited in reference, St. R.)
Herzog, Geschichte u. System d. rom. Staatsverfassung, 2 vols.

Leipzig, 1884-7. (Cited in reference, Herz.)
Bench e-Leclercq, Manuel des institutions Romaines. Paris, 1886.

(Cited in reference, B.-L.)
Madvig, Verfassung u. Verwaltung d. rom. Staates, 2 vols. Leipzig,

188 1-2. (Cited in reference, Madv.)
Schiller, Staats- und Rechtsaltertiimer in MUller*s Handbuch, Bd.

IV.2 Munich, 1893. (Cited in reference, Sch.)

^ General works of reference like the Dictionaries of Classical Antiquities by
Seyffert (revised by Nettleship and Sandys), by Smith (revised by Wayte and
Marindin), by Daremberg and Saglio, and by Peck, and Pauly's Real-Encyclopadie
(4 vols, now published, revised by Wissowa) may also be consulted with profit in
connection with this chapter and with those which follow.

174 REPUBLICAN PERIOD: DESCRIPTIVE

Lange, Romische Alterthiimer, 3 vols. Berlin, 1876-9.
Mispouleti Les institutions politiques des Romains, 2 vols. Pai

1882.
Ad. Nissen, Das lustitium. Leipzig, 1877. (Cited in referen

Nissettf lust.)
Mommsen, Die Rechtsfrage zwischen Casar a. dem Senat. Bresi

1857.-
Karlowa, Romische Rechtsgeschichte, Vol. I. Leipzig, 1885.
H. Nissen, Das Templum. Berlin, 1869.
Bruns, Pontes iuris Romani antiqui, ed. VI. cura Theodori Mon

seni et Ottonis Gradenwitz. Lipsiae, 1893. (Cited in referei

Bruns.)
Willems, Le droit public Romain, 6th ed. Louvain, 1888. (Ci

in reference, Will. Dr.)

Supplementary Literature, 1901-1910

De Ruggiero, II consolato e i poteri pubblici in Roma. Rome, i(
Le Jeune, L'imperium des magistrats de Rome sous la republic
Rennes, 1889.

CHAPTER IX

THE SEVERAL MAGISTRACIES

(a) The Consul

179. The Consul's Alternative Titles. At the begin-
ning of the republican period the two chief magistrates
^ere c2X\&d. praetores, indices, or consules. The significance
of the first two titles is correctly explained in Cic. de Legg,
III. 8 : regio imperio duo sunto, iique praeeundOy iudicando^
consulendo, praetores, indices , consules appellamino. Perhaps
it was because the functions oi the chief-magistrate as
commander-in-chief of the army surpassed his civil duties

in importance and dignity that he was commonly styled Leaj. Xli.
prcutor in the early period. Perhaps praetor indicated Liv. 3. 55. i
his military, and iudex his civil fiinctions. At all events,
after 367, when the jurisdiction of the chief-magistrate in
civil cases was transferred to the incumbent of the newly
established magistracy, the former is regularly called consul.
Cicero's explanation of the word consul is not correct.
The title indicates rather that the supreme power was held
by more than one person. In this respect of course the
position of the republican chief-magistrate was distinguished
from that of the king.

180. Collegiality. What has been said (pp. 167-172) in
a previous chapter, dealing with the magistrates in general,
with reference to eligibility for office, method of nomina-
tion, candidacy, elections, entrance on office, and retire-
ment from it, is peculiarly applicable to the consulship.

175

176 REPUBLICAN PERIOD: DESCRIPTIVE

Both members of this college were at all times vested 1^

with the full power of their office. To avoid a conflict i^

of authority, so far as it was possible to avoid it iindei

this system, in the early period, as we have already noticed'

.deRe (p. 155), the consuls took turns month by the month in |m5

]'^%6^y^ exercising the right of the initiative, the older of the two

1.2.15.4. enjoying this privilege for the first month of the official

year. The consul who was thus honored during a given

tus, month was sometimes called consul maior. This method

61 ed. M.

't.'lul.2o ^^ alternation, however, was probably given up before
Cicero's time, although it was restored by Caesar. The
other methods of avoiding a conflict which have been men-
tioned, were freely used. In time of war both consuls took
the field in the early period, but, after Sulla's reform of the
constitution (cf. p. 105), they rarely left the city and, there-
fore, rarely exercised the military imperium,

181. Iu8 cum Populo Patribusque Agendi. The consul
was vested with all the powers which belonged to the
magistracy (pp. 157 f.). The fimctions peculiar to his office
may be conveniently considered from the point of view
of home politics and foreign politics. In the field of
domestic affairs his most important powers were those
which he exercised as chairman of the senate and of the
assemblies of the populus. He alone of the regular magis-
trates could preside over the centuriate comitia called
for the election of magistrates. The nomination of a
dictator was also intrusted to him. Furthermore, cus-
tom had conferred on him alone the right to bring impor-
tant bills before the comitia centuriaia or the; comitia
tributa. His relations with the senate are more difficult
to define. It was his duty to consult that body in impor-
tant matters, but the law laid down no provisions to govern
his action in specific cases, so that the question was left

THE CONSUL 1/7

> his own discretion. He could even propose a measure
1 the popular assembly without securing the auctoritas
'^zatusy or previous approval of the senate. This was the
oiirse which Caesar adopted in 59 in securing the passage
f his agrarian bill. But the senate could usually bring Liv. Ep. lo;
Uch an attempt to naught by interposing religious diffi-
-viltie^, or by persuading a tribune to interpose his veto.
-H fact, Caesar's course in 59 was regarded as almost revo-
utionary. No satisfactory line of distinction can be drawn
:>etween the kind of legislation which the consul secured
uid that which was propose^" by the tribune, except that
the latter usually had a more partisan bias.

182. Judicial Functions. The establishment of the prae-
torship in 367 took almost entirely from the consul his juris-
iiction in civil cases {iurisdictio inter privatos). Later only
friendly transactions which needed the confirmation of the
state's authority, like the manumission of a slave, or the
emancipation of a son from the patria potestas^ came under
bis jurisdiction. The laws establishing the right of appeal,
the assumption of judicial powers by the concilium plebis
(p. 76), and the establishment of the quaestiones perpetuae
tinder the presidency of the praetors (p. 106), robbed the
consul of his functions as a criminal judge, so far as citizens
were concerned. Important criminal proceedings against
foreigners and against slaves were, however, still left in his
charge.

183. Religious Duties. The revolution of 509 trans-
ferred the religious functions of the chief-magistrate to the
priests. The consul, however, still had certain religious
duties to perform, such as taking the auspices (p. 158),

making sacrifices, pronouncing and performing vows in Liv. 9. 46. 6
the name of the state, dedicating temples, and supervising ^^' ^'^'
certain public games.

17^

REPUBLICAN PERIOD: DESCRIPTIVE

Lv. 2. 9. 6 ;
1- 3'- '•

iv.44.16.lf.
ic. in Vat.

184. Financial Duties. The control which the king, and
the consul in the early republican period, had had over the ^ ,^
finances of the state, was in later days exercised on therj^
one hand by the senate and the people, on the other by
the censor and the quaestor. The right to enact and repeal
revenue laws was from the outset intrusted to the' senate.
In the later period the consuls also adopted the practice
of consulting the senate with reference to the expenditure
of public funds, until in course of time that body acquired
in large measure the control of the public treasury. The
financial powers of the consul were still further limited by,
the establishment of the censorship, and by the elevation of
the quaestorship to an independent elective office. The
quaestor alone could authorize the payment of public
moneys, and the censor, during his term of oflfice at least,
had exclusive charge of the ager publicus, the farming of V. j^
the taxes, and the construction of public buildings and
public works. However, the consul took charge of most
matters of this sort during the last three and a half years
of a lustrum after the censor had gone out of office.

185. Functions of the Consul outside the City. As
we have already noticed (p. 161), a sharp line of distinc-
tion was drawn between the powers which a magistrate
could exercise at home (domi) and abroad {tnilitiae). Up
to this point we have considered the consul's powers and
duties in the city. Outside the city his functions consisted
mainly in conducting campaigns, and in representing the
home government in its dealings with Italy, the provinces,
and with independent states.

186. The Consul as Commander-in-Chief. A declaration
of war always required the favorable action of the centu-
riate comitia. The consul, however, retained the right to
call the citizens to arms in case of an emergency, but, as

314
223

THE CONSUL 1/9

military operations of Rome increased in importance,
Jad more than two generals in the field were required, the
v'li.ole question of the levy and the organization of the
tXTiiy was submitted to the senate for its consideration,
^fter 207 also the choice of the trihuni militum for the Liv.27.36.1
four legions of the regular levy was taken out of' the hands
of* the consul and made by popular election. When mili-
tary operations were carried on at a single point, the con-
suls had the supreme command on alternate days. When Liv. 22. 45.
two campaigns were being carried on at the same time, the ^'^'
Senate was often asked to assign the two consuls to their
J^espective fields, antj in this way that body made its influ-
ence felt still further in the management of military affairs.
In the general conduct of a campaign the consul was given a
free hand, although at its close he might be held responsible
tefore the concilium plebis (pp. 172-3) for such military
offenses as cowardice or ill-treatment of prisoners. In the
early period apparently the chief-magistrate could conclude
a valid treaty of peace with an enemy, but in later times,
perhaps after the humiliating treaty of the Caudine Forks
in 321, the right to conclude a permanent treaty of peace Liv. 9. 5. i.
was taken by the people as its exclusive prerogative. The
magisterial right to sue for a triilmph, for the title of
imperator, and for a supplicatio has already been discussed
(pp. 161 f.).

187. The Consul's Duties in Italy. The control which
the consul had over Italy outside of Rome and that which
he exercised over the provinces differed essentially, for two
reasons. In the first place, the provincials were not citi-
zens, while in the first century the Italians had the rights
of citizenship in full, or to a limited extent. Furthermore,
each province was a political unit subject to its governor,
while in Italy affairs other than those of a purely local,

{

l8o REPUBLICAN PERIOD: DESCRIPTIVE

fiscal, or judicial cliaracter were directed from Rome. I j^
The^ relations which the Italian communities bore to the;
central government were determined by treaties (cf. p. 59)A^
and one of the principal duties of the consul was to secure
the observance of these treaty relations, and, with the
'lo. I. 3. cooperation of the senate (cf. p. 236), to suppress con-
spiracies and put down serious, uprisings. In his mili-
tary capacity he took charge of the contingents of troops
furnished by the Italian allies, and protected Italy from
inroads from across the frontier.

i88. The Consul in the Provinces. In the early period,
foreign campaigns, as well as those in Italy, were conducted
by the consul. In case a praetor was already in charge
of the province where the war was being carried on, he
assumed the same relation to the consul which he would
have held to him if both magistrates had been in Rome.
If the province was not under a praetorian governor, the
consul took upon himself all civil and military duties.
Sulla's legislation extended to all the provinces the prac-
tice of sending out ex-magistrates as governors at the end
of their term of office at Rome, so that after his dictatorship
the consul had no occasion to go into a province during
his term of office. Sulla's arrangement was slightly modi-
,40. 56; fied by the law of 52 which fixed an interval of five years
5.* 9.* between the incumbency of a magistracy at Rome and the
assumption of a provincial governorship.

Through the consul also negotiations were carried on with
other states. He received embassies, introduced them to
the senate, when he saw fit to do so, referred questions
of international politics to that body for discussion, and
laid before the popular assembly the recommendations of
the senate with reference to an offensive war or a treaty
of peace.

DICTATOR AND MAGISTER EQUITUM l8l

189. The Quaestio Eztraordinaria, Senatus Consultum

nLtimum, and lustitium. Certain exceptional powers given

3 the consul, or assumed by him on his own responsibiUty
a. an emergency, are on the border line between his powers
^€^mi and tnilitiae. These extraordinary powers came to him
ri one of three ways : through the establishment of a quaes-
^^4D extraordinaria, the passage of a senatus consultum ulti-
^^^um, or the announcement of a iustitium. When crimes
^f a political character had been committed by private
citizens or by magistrates, for the adjudication of which
tlie ordinary courts seemed unsuitable, the investigation of
tilie accused persons, and their punishment, if found guilty,
'Were sometimes intrusted to special courts under the presi-
dency of the consuls and the other higher magistrates. In Liv. 42. 21.
^uch cases the right of appeal was suspended. When a con- 2/^'^ ®
^piracy, an insurrection, or a revolution threatened public
security, or the integrity of the state, the seriate at times,
instead of instructing the consul to appoint a dictator, passed
the senatus consultum ultimum^ so called, which, under the sall. Cat. 2
interpretation put on it for many years, suspended the right ^'^^' ^' ^-

5' 3*

of appeal and the tribunician veto power. A iustitium cic. de Hai
could probably be declared by the consul on his own respon- phn^'c^Vi •
sibility, but this was so extreme a step to take, that the LW. 3. 27. 2
senate was usually consulted beforehand. The iustitium
involved the suspension of public business, in particular of
fiscal and judicial business, and the closing of the shops.

(6) The Dictator and Magister Equitum

190. Appointment of a Dictator. The consul, as we have
already noticed (pp. 25 f.), inherited the political powers of
the king, except that he was subject, either at the outset
or at an early period, to the checks put on him by the

1 82 REPUBLICAN PERIOD: DESCRIPTIVE I ^■

principle of collegiality, the right of appeal, the tribunicialtotDi
veto, and the possibility of being held accountable for lufcaxrn
conduct. From all these limitations the dictator in thiii*^^
eariy period was relieved. A dictator was appointed whcwT^ ^
the integrity of the commonwealth was threatened by wufc-
without or by dissensions within the borders of the statA*^^'
iv.4.26. ii; The power to appoint was vested in the consuls. Some*?'*^^'
Uus, 24' times the two consuls acted together in making the choialPP^
At other times one of them was chosen by lot to select theP* '
dictator. The veto of a colleague or of a tribune was notfc^^
recognized. Constitutionally the senate had no voice inlP"^
the matter, but, during the period of its supremacy, thatW^
body usually passed on the advisability of choosing a dicta- fr^^
ic.de Legg. tor, and secured the appointment of the individual favored ^^
21. 9^10. t)y it. An important change in the method of appointment B"^
was made during the second Punic war after the disastrous 1*^
defeat at Lake Trasimenus. The necessity of choosing l'-^
a dictator was recognized by every one, and, as if by com- 1^
mon consent, an act authorizing the appointment was passed i^'^
iv. 22. 8. by one of the popular assemblies. This irregular method l-^
iv. 27. c. ^^ procedure was followed on one or two subsequent occa- I
^f• sions also. The choice was usually limited to ex-consuls, I ^

but there does not seem to have been any legal restriction I
covering this point. I

191, His Powers and Duties. The consuls and other I
magistrates continued in office after the appointment of I
iv. 5. 9. 6; a dictator, but he exercised the right of maius imperium 1
(P* 153) over them. He could, however, if he pleased, I
force them to resign. Inasmuch as his duties involved
mainly the preservation of order or its restoration, the
exercise of his functions rarely brought him into conflict
with the praetor, censor, or aedile, so that the business of
those officials was carried on without interruption during

^ DICTATOR AND MAGISTER EQUITUM 1 83

-tr» dictatorship. He was attended by twenty-four lictors, Poiyb.3.
fe?wl[io carried axes even within the city. The appointment LiVf 2. ii
^ of a dictator curtailed the rights of the individual citizen.
>ae^Ile was in a way also a representative of the conservative
^ Pairty. It is not strange, therefore, that the party of prog-
^ ^ess fiercely attacked the institution, and as that party grew Liv. 27. i

> ^^ power it succeeded in making good the right of appeal, f p.^ios^ «
*f i Perhaps in 300, and the right of a tribune to interpose his 1

^' "^eto — a right which was gained toward the close of the third I

*^ Century. The dictator was never held responsible for his

^•^ Conduct, however, and there is only one recorded instance Liv. 22. :
^ "^here a colleague was chosen. Still the two changes
^~ Mentioned above robbed the dictatorship of its impor-
^ ^ tance in large measure, and the last incumbent of the office
■- Vas chosen in 202. Dictators were appointed not only
^^ '^ seditionis sedandae causa, but also to perform certain
political or religious acts which could not well be per-
formed by the regular magistrates. Thus they were chosen
comitiorum habendorum^ feriarum constituendarum, and Liv. 7. 22
davi Jigendi causa, %^X^X\

^ 192. Term of Office. The dictator was expected to lay
down his office when the business for which he had been
chosen had been brought to an end. The maximum term
was six months. The dictatorship of Sulla (p. 104) and of
Caesar (pp. 134 f.) in the first century B.C. was, there-
fore, essentially different in this respect from those of the
early period. Sulla assumed the office for an indefinite
period, and Caesar for life. Some of the other points in
which this new magistracy differed from the old one are
noted elsewhere (pp. 135, 218). On the motion of Antony cic Phil
the dictatorship was abolished after Caesar's death. ^' ^^'

193. The Magister Equitum. At the outset the dictator
was called magister populi, a term which throws some light publ. i. e

fMi

184 REPUBLICAN PERIOD: DESCRIPTIVE

on the relation which his subordinate, the magister equM
bore to him. The dictatorship was primarily a mill
office, and its incumbent commanded the infantry, whilif "*

. de Legg. the magister equitutn had charge of the cavalry. If w*^^

L. 5. 82.' think of the dictator as vested for a short time with th^ ^^
powers of the king, which is essentially true for the earlm '^
period, the magister equitum corresponds to the king's chiefJ^^'P
military subordinate, the tribunus celerum (p. 16). He was

'• 9. 38. appointed by the dictator, was the dictator's immediate sub-l ^^
ordinate, and during the absence of that official received
his exceptional powers. He went out of office with his]

), 42. 27. superior. He was attended by six lictors, wore the prot-
texta, and probably used the curule chair on official occa-
sions. He ranked just below the praetor (p. 168). The
office became extinct when the dictatorship was given up,
but was revived by Caesar.

194. Origin of the Consular Tribunate. Roman histo-
rians give as one reason for the establishment of the con-
'. 4' 7- 2. sular tribunate the development of military operations and
. the need of more than two generals in the field. This may
have been a subsidiary motive, but the real explanation
of the change is probably the one given in a previous
chapter (p. 34). From the earliest times the armed force
of the community had been commanded by tribuni mili-
tum. These were at first three in number,, then six, and,
when more than one legion was levied, six for each legion.
The establishment of the office of tribuni militum consulari
potestate meant simply the investiture of a certain number
of these purely military officials with the political powers
of the consul. This was accomplished by an election in

i:t

THE CONSULAR TRIBUNE 185

centuriate comitia. All citizens served in the army Liv. 5. 52. ]
ck<i were eligible to the office of tribunus militum^ so
n^it the substitution of consular tribunes for consuls in-
olved the admission of plebeians to the chief magistracy, Liv. 4. 6. 8.
ixd satisfied their demands in part, while at the same time,
s we have already noticed (p. 34), the patricians left a
^a.y open to restore to their own class its exclusive political
>xivileges, when a favorable opportunity presented itself.

195. Number of the Consular Tribunes and their Powers.
t^lie normal number six was suggested by the number of
xiilitary tribunes in charge of each legion. The numbers
tlnree and four, which are not uncommon in the college,
txiay be due to the fact that they adapted themselves
Readily to the system of monthly sequence during the

year. As their title indicates, these officials had all the Liv. 4. 7. 2
Flowers and insignia of the consul, even the right to take
tilie auspices and to name a dictator. The only partic-
Vilars in which the power and dignity of the office were
inferior to those of the consul seem to have been that the
consular tribunes could not delegate their authority, could Liv. 4. 45. 7
Hot triumph at the close of their term of office, and did
not enjoy the privileges which ex-consuls had. The last
distinction is of both political and social importance.
Those who had been consular tribunes did not have the
right of priority in speaking and voting in the senate,
which was one of the privileges of ex-consuls. In fact,
plebeians who had filled the office were probably not
allowed to take part in the debate at all. This limitation St. R. iii.
more than any other must have made the plebeians dis- ^^'
satisfied with the compromise. Furthermore, ex-consular
tribunes did not have the ius imaginum (p. 166).

196. Disappearance of the Office. The office lasted

from 444 to 367. It was abolished by the Licinian law. Liv. 6. 35..

1 86 REPUBLICAN PERIOD: DESCRIPTIVE

During the period of its continuance there were fifty-oM
k. R. II. 191. colleges of consular tribunes and twenty- two of consuls, ad
for four years, from 375 to 371, there were no curule magis-
trates. In the year 53 it was proposed to reestablish the
consular tribunate, in order to satisfy the rival candidates foi
the chief-magistracy by increasing the number of positionsl ,
available, but the plan was not carried out. | * .

(d) The Praetor . IrB

II
197. Relation of the Praetor to the Consul. The circum-
stances under which the praetorship was established have I
been noticed elsewhere (p. 37). The new magistrate was I
ell. ip. 15. 4; regarded as the collega consulum^ and in the early period l
\y^ ' ex-consuls were not infrequently elected' to the office.!
IV. 7. 1. 6. Certain important duties which had belonged to the consul I"
were taken from him and assigned to the praetor. It was

very natural, therefore, to regard the praetor as equal ii
iv. 6. 42. II. dignity to the consul. In point of fact the sphere withiiJ
which he exercised his regular functions was so sharply!,
defined, and he was made so complete a master of it, that L ,
there was little danger of conflict between him and the
consul. When such conflict came, however, the principle
ell. 13. 15.4. of maius imperium was recognized, and the praetor was!
forced to yield. His inferior position was indicated to I
the eye by the fact that he was attended by only six]
ppian, lictors, and in the later period he was accompanied by I

only two when performing his judicial duties in the city.

198. Method of Election ; Title. Certain practices ob-
served in electing praetors bring out in a concrete way
the relation which the consul and the praetor bore to each
other. As Aulus Gellius says {N, A, XIII. 15. 4): praetor^
etsi conlega consults est^ neque praetorem neque consulem inn

THE PRAETOR 1 8/

"^^gare potest^ . . .* quia imperium minus praetor^ maius hahet
€>nsuly et a minore imperio maius aut maior conlega rogari
'^^re non potest. Patricians only were eligible to the office
i-t: first, but within thirty years of its establishment it
^^as thrown open to the plebeians also (p. 42), whether
t>y law or otherwise is not clear. The chief-magistrate
lost the title of praetor and it was given to the new
c>fficial (p. 175), although it did not suggest his duties as
^rell as iudex would have done.

199. Three Periods of the Praetorship. The history of v

tJie praetorship, from the point of view of the functions

'Vrhich the incumbents of the office exercised, falls into

three periods — from 367 to 227, from 227 to 81, and from

Si down into the empire. In the first period the special

duties of the praetor were judicial. In the second period

the college of praetors was divided into two sections. The

members of one section were judges; those of the other

were provincial governors. In the third period, under the

republic, all of the praetors were judges at Rome, during

their first year of office, and provincial governors the

following year.

200. Development of the Praetorship. There was only

one praetor at the outset. This fact distinguishes the ^^
praetorship from all the.other magistracies. From the theo- o^^^'^
retical point of view, however, as we have seen, the praetor
was regarded as the colleague of the two consuls, and,
therefore, in a vague way may have been at first thought of
as a member of the college to which the consuls belonged.
The judicial duties of the praetor confined him to the city,
while the consuls, his two colleagues, if we may so call
them, were frequently engaged in carrying on wars abroad.
In consequence of this difference he was styled praetor
urhanus. The duties of the new magistracy increased to

1 88 REPUBLICAN PERIOD: DESCRIPTIVE

such an extent that Jn.242^it was found necessary to choose!

iv. Ep. 19. a second praetor. The praetpr urbanus assumed chaigcfctpca
of all civil suits in which citizens only were interestedjjir^
while the new magistrate officiated when one party otlmed

iv. 22. 35. 5. both parties were peregrinu It was from this fact that be]
received his distinguishing title o f praeto r peregrxm*
Along with the increase in the size of the college ofl

iv. 22.35.6; praetors in. 22 7 to four, and in 197.10, six, went a change]

^' ^^' * in the functions of certain of the incumbents of the office,
for, as we have already noticed (p. 71), the four new
praetors were added to take charge of the four newly lifl
acquired provinces. To meet the increasing demand forjt't
provincial governors, and to provide for the transaction of
judicial business in the city, the Romans were obliged to

t. R. II. resort frequently to the prorogatio imperiu The adoption M^

'^ ' of this device in the case of the praetor made his office J^

practically one of two years. So far as the term of
office was concerned, it was not a radical change which
Sulla made, therefore, in formally assigning to every praetor
one year in Rome and one year in a province. The
importance of the change consisted in the fact that from
this time to the fall of the republic the functions of all the
praetors were essentially the same, and that all of them

t. R. II. assumed judicial duties for a year and undertook the gov-

)0 ff

emment of a province for the following year. The number
of praetors, which Sulla raised to eight, was increased by

io, 42. 51; Caesar to ten, then to fourteen, and ultimately to s ixtee n.

J- 47 ; 43- 49- 201 . Division of Duties. From the time when more than
one praetor was chosen, the principle of coUegiality, and

ic. in Verr. the consequent possibility of exercising the veto power, was

^* ''^ recognized ; but it did not have much meaning for the
praetor's office, because the duties of the several praetors
were quite distinct from one another. It occasionally found

^ THE PRAETOR 1 89

' * expression in a positive way in the joint action of two or
^ Tiaore praetors in a matter concerning thenj all. The prae-
^^ ^or urbanus took precedence of all his colleagues, and Liv. 24. <
^ Assumed the chief-magistracy during the absence of both
^e consuls. The assignment of each praetor to his pro-
'^tncia, or sphere of duties, was made by lot. From Sulla's
time the casting of lots took place after the election to deter-
mine the praetor's functions for the first year, and during
tlie first year of office to decide which provinces should be
governed by the several praetors during the second year.

202. Powers of the Praetor. The praetor's powers were
K>i three different sorts. He acted as a judge, as a pro-
Mncial governor, and as an administrative officer. The
details of judicial procedure and the duties of a provincial
governor are given elsewhere, but one or two facts of a
general character bearing on his judicial duties may be
stated here.

203. The Praetor as a Criminal Judge. To the con-
stitutional changes already mentioned in the fimctions of
the praetor, which divide the history of his office into, three
periods, may be added the change which resulted from the
establishment of the quaestiones perpetuae (cL pp. 74, 106).
These courts were put under the presidency of the praetor.
Up to the time of their establishment he had been solely a
civil judge, but henceforth he conducted criminal cases also.
The development of the praetor's criminal jurisdiction out
of the civil is not hard to understand. The earliest quaestio
pefpetua, that to try governors charged with extortion, was
from one point of view a civil court, in which those who
had suffered had the right of complaint. From another
point of view the proceeding assumed the character of a
criminal action, since the offense had been committed by
a state official and was to the detriment of the state.

190

REPUBLICAN PERIOD: DESCRIPTIVE

on. in

204. The Edictum Praetorium. Of the magisterial
powers i^entioned above (pp. 157 ff.) the ius edicendu
assumed the greatest importance at the hands of the prae-
tor. On taking office he published the maxims of law and
the forms of procedure (^formulae) by which he would be
governed throughout the year of his office. This edict was

ne •» p- 5^; properly called, therefore, an edictum perpeiuum. A praetor
commonly adopted the edict of his predecessor, making
such additions and changes as seemed to him and his
advisers desirable, and in this way a large part of the
Rorfian civil and criminal law was developed. The edicts
of the praetor, peregrinus formed in a similar way the basis
of the ius gentium.

205. The Praetor as an Administrative Officer. Adminf;
istrative action was taken by the praetor, either in his
capacity as an independent magistrate, or as the repre-
sentative of the consul. Action irJ the first case was usu-
ally taken under the aut horization of* the senate, and covered
such matters as presiding over the comitia when laws were
being passed or inferior magistrates elected. Furthermore,
he conducted civil and military affairs under the direc-
tion of the consul, and, as noted above, in the absence
of the consuls the praetor urbanus became with certain
limitations the chief-magistrate.

, pro

bo, 55;"
. 8. 17.12;
5. 16.

1221

(^) The Censor

206. CoUegiality. The censorship was established in

443 or 435 (cf. p. 37). In the case of this office the

collegiate principle was carried out in its extreme form.

A majority of the centuries must cast their votes for both

• 5- 31-6; members of the college at the same meeting to make

15.8/ an election valid. If one censor retired from office, his

THE CENSOR I9I

<^olleague must also withdraw, and joint action was necessary

JTL all important matters. This requirement of joint action

"fViTnished the principal safeguard of the citizen against

tilie arbitrary action of one member of the college, since

"tlie censors were practically unaccountable for their official

sections.

207. Election of Censors ; Term of Office. At the outset
patricians only were eligible. The first plebeian was elected

t:o the office in 351, and a few years later the principle Liv. 10.8
governing eligibility to the consulship was applied to the

5:ensorship also. One censor must be plebeian ; both might Liv. 8. 12

\>e. Censors were elected in the centuriate comitia under Liv. 32. 7

Gell I"? I

the presidency of the consul, aiid entered on their offices ' ^'
immediately after their election. New censors were chosen Van-o, L.
at intervals offour or five years, and held office for a year rinuV, 18.
and a half. The business left unfinished at the end of ^®"i;'
* their term of office was turned over mainly to the consuls H- 33^ ff-
and aediles. Technically the censorship stood below the
praetorship (p. 168), but in practical importance and in
public esteem it was rated much higher. In fact, during
the first half of the second century it surpassed all the
other magistracies in dignity and influence. Consuls and
praetors did not have the right to veto the action of the
censor, and the tribune rarely exercised it. The censor
sat in the curule chair on formal occasions, and, when Liv. 40. 4
inaugurated, wore the purple toga. On the other hand, he ^^l^^.
was not vested with the imperium, and consequently was
not attended by lictors (cf. p. 166). He did not have the
right to convoke the senate or the comitia,

208. The Duties of the Censor. The administrative
duties of the office consisted ( i ) in assessing the property
of citizens and arranging them in tribes, classes, and cen-
turies, (2) in revising the lists of knights and senators.

192 REPUBLICAN PERIOD: DESCRIPTIVE

(3) in managing the finances of the state. In their per-
formance of these duties the censors exercised a general fal^
supervision over the morals of the community. v^

209. Preliminaries to the Census. The first step in the ^m
assessment of property was to summon all citizens to a
contw in the Campus Martius, where the formula censm ■!&
which stated the principles to be followed in making the JJC
assessment and the lists was announced. Those summoned
were omnes QuiriteSy [equites'] pedites^ artnati privatiqut^
curatores omnium tribuum^ si quis pro se sive pro aliero |ii:
rationem dare volet (Varro, Z. Z. VI. 86). It will be noted
that those who were exempt from military service on the
score of age or physical disability, as well as those who
were subject to it, were required to present themselves.
Boys who were not under the patria potestas and women
who were not under the legal control of either father or
husband were required to appear, and were registered in a
special list. Those who failed to be registered, the incensi^
were liable to the loss of personal freedom and property,
but in the later period the assessment of their property
was made without their assistance, and they escaped
the penalty. The censors were assisted by the curatores
trihuuMy or administrative representatives of the several
tribes, and by a concilium made up of officials and expert
advisers.

210. The Census and the Nota. Every citizen was
required to give his name, age, domicile, the name of his
father or former owner, his tribe, his family circumstances,
the number of years of military service which he had ren-
dered, and the amount of his taxable property. On the
basis of the information thus obtained the censors deter-
mined the taxes and drew up the lists of citizens according
to tribes, classes, and centuries. The basis of classification

THE CENSOR 193

s discussed elsewhere (pp. 250-251). Law or custom had
aid upon them, in the performance of this duty, the
Dbligation of inquiring into the manner of life {mores) of Liv. 4. 8.
every citizen, and in particular of finding out the way ^e Legg.
in which each one had performed his duty to the state.
The commission of a crime like theft, an objectionable Cell. 4. 20
mode of life, cowardice in the presence of the enemy, cic. de Ri
malfeasance in office, arid similar matters might lead the J^orlz 2
censors to assign a citizen to a large tribe {tribu movere)
and thus diminish the value of his vote, or to deprive
him of his centuriate vote {inter aerarios referred, to take
from a knight his horse {adimere equum), or to remove a
name from the list of senators {senatu movere). The inflic-
tion of this punishment was indicated by placing a nota
after a citizen's name in the list. The effect of the punish-
ment lasted until a new census was made. It was within
the censor's power also to issue proclamations forbidding
extravagance and scandalous methods of living.

211. The Recognitio Equitum. Admission to knight-
hood depended mainly on the possession of a certain
amount of property. In the late republic and early empire

the minimum required was 400,000 sesterces. The general Hor. Epis
assessment of citizens in the Campus would, therefore, pun.^N! i
enable the censor to draw up the list of knights, but in '^'^' 3^"
the case of the equites equo publico a special ceremony
took place in the forum. Each knight whose equipment
was furnished by the state was required to bring his horse
for inspection by the censors. If the state of his equip-
ment and his previous record were satisfactory, he received
the order, traduc equum ; otherwise, vende equum. Rewards Liv. 29. 3
for distinguished service were also granted at this time. ^^°'

212. The Lectio Senatus. The duty of revising the
list of senators was assigned to the censor by the Ovinian

194 REPUBLICAN PERIOD; DESCRIPTIVE

law (cf. pp. 46 f.) toward the close of the fourth century, andfctba-^
contributed largely to the importance of that magistrate'spi'S^
office. He enjoyed, and, during the period of the censor-
ship's greatest influence, exercised freely the right to dropfc^
men from the senate and to fill vacancies. The reform of]
Sulla took this power from him (p. 105), and, even after|
the repeal of a large part of Sulla's legislation, the censor §US
did not regain the right to add names to the list of sena-
tors. He recovered, however, the power of removal.

213. Management of Public Finances. To the censor
fell the collection of revenue (vectigalia) and the expendi-
ture of public moneys (uliro tributa). The most important
V matters under the first head consisted in farming out the
taxes to the highest bidder (maximis pretiis)^ in selling
or renting public land, and in grantiiig for a fixed sum
certain privileges controlled by the state. The most im-
portant expenditure which came under the control of the
censor was that entailed by the construction or repair of
public buildings, roads, bridges, and aqueducts. The range
of his duties in this respect, however, did not often extend
beyond Rome and the Italian roads. The work was com-
monly done by contractors {conductores) , and paid for out
of funds placed at the disposal of the censors by the senate.
A record of the contracts made by them {leges censoriae)
was kept in the aerarium. Questions of taxation at issue
between the state and individual citizens, and matters in
dispute between the state and publicani or conductoreSy
were submitted to the censor for settlement (cf. p. 163),
and this phase of his official duties must- have been very
iv. I. 28. /; important.

^y^'il', 2^4' Completion of the Lustrum. The conclusion of
let. Aug tjjg census was marked by a sacrificiutn lustrale, or offering
en. 8. 183. of a boar, a ram, and a bull (suovetaurilid), in the Campus.

THE CENSOR IQS

^er that the censor led the assembled army to the city
^te, dismissed it, drove a nail in the wall of a certain
tmple, deposited the list of citizens in the aerarium^
^d laid down his office. Unfinished business, and new
Xsiness which might arise before new censors were chosen,
sre managed by the consuls, aediles, and quaestors.

215. Census outside of Rome. By the Ux lulia muni-
palis (cf. 11. I, 42 ff.) of the year 45, arrangements were
Lade for taking the census in the tnunicipia throughout
aly, and for reporting the results at Rome sixty days
efore the completion of the Roman census.

216. Decline of the Censorship. The reasons for the
ecline and disappearance of the censorship are not far to
jek. With the rapid increase of the population, and of
le financial interests of the state, the censors were unable

) perform within the specified time the duty assigned to .

lem. Toward the close of the second century, and in the

irly part of the first centuj*y, their work was either left Herz.l.79(

idone or done in an unsatisfactory manner. Further-

lOre, the method which Sulla introduced of filling the

;nate (cf. p. 105), robbed the censor of one of his most

iportant duties. In fact, there were no censors between

-> and 70. A third agency which contributed to the

3wnfall of the censorship was the fact that with the growth

f the city the censors were unable to maintain their con-

ol over the morals of the community, and that to make

atters worse the nota came to be used as a political

eapon, so that the right to affix it was curtailed by law U-scon., p.

. 58. Although the law was repealed six years later, pri swt. 5

lis function of the censor's office never regained its

^ificance.

196

REPUBLICAN PERIOD: DESCRIPTIVE

(f) The Tribune

217. Election, Number, Insignia, Assistants. The tnl
une never became a magistrate in the strict sense of
word (cf. p. 151), but, inasmuch as his functions in
later years of the republic closely resembled those of
magistrate, the office may be conveniently discussed
this point. The law always required a candidate for
tribunate to be a plebeian. From 494 to 471, tribunes weic
probably elected in a plebeian curiate assembly (cf. p. 29).
After the latter date they were chosen in the plebeian
tribal assembly, presided over by a tribune. The number

rz 1. 152, of tribunes at the outset is uncertain. Perhaps there were

^ five, one representing each class. In 457 the number was

increased to ten, and this continued afterwards to be the
size of the college. The tribunes had no insignia of office.
In fact, the democratic character of the* position was in-

r. 42. 33. 1, dicated by the simple subsellia on which they sat when
performing their official duties. At the outset the plebeian
aediles served as their assistants, but, as the importance and
also the duties of the aedile increased, the two offices drew

r. 2. 56. 13. apart, and viatores were assigned to the tribune to help
him in the performance of his duties.

218. Fundamental Power of the Tribune. The tribunate
was estabHshed for one specific purpose, viz., to protect the
individual citizen, and especially the plebeian, from arbitrary
action on the part of a magistrate. His effective exercise
of this right was assured to him by two things. In the

U. 13.12. o; first place, he could inflict punishment, even the punish-
; PlutTi. ment of death, on the magistrate who persisted in taking
'°' a step which he had forbidden. In the second place, he

L Max. himself was sacrosanct, and any one could be put to death
^* ^* with impunity, and without process of law, who violated

THE TRIBUNE I97

'^^e sanctity of his person. The prohibition of the tribune
"■^vist, however, be delivered in person, and at the moment Geii. 13. i
"^ten the contemplated action was being taken. This fact
^ocounts for the early increase of the number to ten, and Liv. 3. 3c
^Ot the establishment of the tradition that the tribune must
^ot be absent from home for a night, and must leave his
^oor open. The principle underlying these arrangements
Explains also why the action forbidden by the tribupe could
t^e taken later, and become valid, unless again vetoed by
liim. This power (^zus auxilit) could be exercised only
inside the first milestone. Even the ius cum plebe agendi
'Vas possessed by the tribune before 449 only to the extent
of convoking the plebs to elect his successor.

219, Why the Tribune's Power increased. Three fec-
- tors united to bring about a rapid and far-reaching devel-
opment of the tribune's powers. One of these was the
poUtical tendency during the early centuries of repub-
lican history. The other two were the inviolability of the
tribune's person, and his power of inflicting punishment.
From the establishment of the republic down to the middle
of the fourth century there was a steady movement toward
the equalization of the political rights of the plebeians and
patricians. The tribunes were the natural leaders of the
plebeians in this movement, and an increase in their
powers was a natural concomitant of the growth of the
political rights of the plebeians. However, without the
protection which was given him by the sacrosanct charac-
ter of his person, and by his right to impose an immediate
penalty, he would have found it well-nigh impossible to
make good his claims to new power or to overthrow the
existing order of things. With these powers he was almost
invincible. No system of government could permanently
resist the ius auxiliiy safeguarded as it was by the two

ic. ad Fam.
8.6; Tac.

ist.4.9;
iv. 9. 8. 13.

scon., p. 70,
.. Or. ;

LV. 45. 21. 6.

198 REPUBLICAN PERIOD: DESCRIPTIVE

privileges just mentioned. It is not easy to follow in the
traditional account the development of the tribune's
authority, but its course can be inferred ^th a high
degree of probability.

220. Powers of the Latest Tribunate. In the later
years of the republic these powers in the main were : (i)
the ius auxilii^ extended into the ius intercedendi ; (2) the
ius coercitionisy with the complementary right of conducting
criminal trials ; (3) the ius cum plebe agendi; (4) the /w
cum patribus agendi; and (5) certain general administrative
powers. I

221. The Intertessio. The intercessio carried with it
the right to thwart any official act of administration. It
was directed against the magistrate and not, like the veto
of a president, governor, or mayor, against a measure. In
the case of the senate, the tribune had the right to impose
his veto on the magistrate at any stage in the proceed
ings; for instance, when a matter was being laid befor
the senate for consideration, when the senators were aske
their opinions, or when the vote was ordered. In a simifc
way, when the comitia met for legislative or judicial pu
poses, the intercessio was admissible at any point, until tl
decision of the people had been finally announced, i
first sight this extraordinary power seems to have little :
common with the latio auxiliiy which could only take pla<
when a specific thing was being done to an individual by
magistrate, and when that individual called on the tribiu
for help. The greater power may well have developed o
of the less, however, in this way : When the magistra
was instructed by the senate, for instance, to adopt a ce
tain course affecting a large number of citizens, before tl
measure was carried into effect, the tribune may ha
announced his intention to protect any citizen agaii:

THE TRIBUNE 199

Inom the magistrate should try to carry out the senate's
cree. The obvious result of such a declaration would be
make the measure of no effect, and we may well believe
tHat a practical people like the Romans would consider it -
^ fe.r better to get the opinion of the tribune, when a measure
~ "W^as under consideration, and to secure his approval, if
* I>ossible, than to run the risk of passing an ineffective law.
-- furthermore, peaceable opposition to a bill under discus-
sion was preferable to forcible opposition to an enacted law
^'- C^f. p. 38). The inter cessio of the tribune did not prevent
^ magistrate from submitting a measure a second time to
' the senate or comitia^ however, and if the tribune inter-
posed no objection on the second occasion the bill became
- a law. The tribune could exercise a modified form of his
veto, however, by asking for a night to consider the mat-
^ ter, instead of definitively prohibiting it. Occasionally the
senate sought to prevent a tribune from interposing his
veto by incorporating in a proposed measure a statement
that if any tribune vetoed it he would be acting contra rem cic. ad F

8 8 6

pubiicam, but this device does not seem to have been of * ' "
much avail. The tribunician veto against a measure deal-
ing with the consular provinces was not admissible (unless cic. de Pi
this restriction was removed in 52), nor could the tribune * ^^*
prevent the election of a magistrate. It is .not clear what
restrictions Sulla laid on the veto power of the tribune, cic.de L<
but they do not seem to have been of a permanent J"',^^
character. i. 7- 3-

222. Criminal Jurisdiction of the Tribune. As we have
already noticed, the iex sacrata of 494 empowered the
tribune to punish the magistrate who persisted in a course
which he had forbidden, or who violated the sanctity of Cic. pro
his person. This power was given to him because he " '^^'
represented in his person the rights of the plebeians. It

200 REPUBLICAN PERIOD: DESCRIPTIVE

was exercised by him when the magistrate had transgres
in a specific case ; but the whole policy of a magisti
might be prejudicial to the interests of the plebeians, j
it was a natural development of the tribune's power to h
such a magistrate responsible for his conduct. A summ
punishment inflicted by the tribune in such a case wo
hardly be appropriate, and, furthermore, the objections
acts might have been committed away from Rome,
some time before. The practice, therefore, grew up
allowing the tribune to prosecute such offending magistr;
before the plebeian assembly. But conduct prejudicia
the best interests of the plebeians was prejudicial to
whole state, for the patricians in the later period constiti
an element numerically almost negligible in the commun
I or, to put it in another way, the community was practi(
a plebeian community, and offenses against the state cc
without a serious violation of equity, be tried before
plebeian assembly. In this way the tribune becan
public prosecutor, and the concilium plebis developed
a court for the trial of magistrates accused of such offe
as cowardice, appropriation of public funds, or illegal re
tion of office. This method of judicial procedure
gradually given up after the establishment of the quaest
perpetuae.

223. The lus cum Plebe Agendi. Down to 449 the
ciliutn plebis met to elect tribunes and aediles, and per
also to adopt resolutions. The Valerio-Horatian la\^
the year mentioned gave it the power to legislate foi
whole community under certain conditions, and the 1
lation of 339 and 287 removed even these restric
(pp. 49 ff.). Some of the effects of these changes or
tribune's position have already been noted (p. 45). 1
limited the legislative competence of the tribime by ma

THE TRIBUNE 20I

preliminary approval of the patriciap members of the Appian,
B^3exiate necessary to secure the validity of a plebiscitum, Ep. 97 -, {
^^^xat this restriction was removed in the year 70. Tac' Ani

s 224. The lus cum Patribus Agendi. In the early period 3- 27-
s^^ol* the tribmiate, the tribunes, as classical writers tell us, sat
^ Outside the doors of the senate and waited for the passage Val. Ma^
xixyf bills by that body. The circumstances under which they ^' ^* ^*
R-oi^w^ere admitted to the senate-house and allowed to state
^ "tlieir objections there have already been noticed (p. 38).
^"This change would not have required the passage of a law.
i«i: The right which the tribune acquired, perhaps in connection
^ • ''vith the passage of the Hortensian law, to convoke the cic. de l
osi: Senate and lay matters before it for consideration, was also ad^Fam.
^^^ ^ sign of the rapprochemefit between the tribune and the '°- ^^- ^•
"acr Senate. The Hortensian law took the concilium plebis out
'^^' ftom under the control of the senate, but the senate may
fore ^gjj j^g^yg hoped that, by allowing the tribune to bring Herz. I.
^^^ Matters directly before it, he would be led to submit bills ^ ^ '

to it for its consideration before presenting them to the
^ plebeian assembly for action.

^^ 225. Administrative Duties. Occasionally matters of an

^ administrative character, like the dedication^ of a temple,

or the supervision of the coinage, fell to the charge of

the tribune, but duties of this sort never assumed much

importance under the republic.
226. The Tribune as a Political Leader. The part

which the tribune played as a political leader has been

- noticed here and there in the historical part of this book.

- A simple solution of the question at issue between the
plebeians and patricians in 494 could have been secured
by giving the plebeians full political rights, but the patri-

>. cians were not willing to grant them, and the plebeians
:: were not strong enough to force them to take that step.

202 REPUBLICAN PERIOD: DESCRIPTIVE

In the period from 494 to 337 the plebeians gained
object, however, under the leadership of the tribuni
the tribunate of the first 150 years finds its real p
significance in the achievement of this result. I
second period, after 337, when the plebeians had 1
gained admission to every magistracy, the tribune is
tically no longer a representative of a class, but he
for the rights of the individual over against the rig
claims, of the community or of the state.

(g) The Aedile (Plebeian and Curule)

227. Relations of the two Colleges. These two c-
of officials may properly be considered together, and

,the head of the magistracies, for, although the pi
aediles were not technically magistrates, their duties
to be essentially the same as those of the curule a
who were magistrates, and the two colleges are
allied to one another historically.

228. The Early Plebeian Aedileship. The pi
aediles, whose office dates back to the beginning
republic (cf. p. 28), were two in number, and. were
elected by the concilium plebis. Only plebeians

Festiis, V. eligible to the office, and, like the tribunes, the]
tum°^"3i8 sacrosanct. Their main business consisted in helpi
ed. M. tribunes in the performance of their duties, and in p

Dionys.6.90; ing plebiscites and decrees of the senate in the
3! 55.' 13!^ of Ceres. From the outset, as their title cudiles inc

they seem to have supervised to some extent the co:
Dionys. 6. 90. tion of public buildings. They had, also, a limited ci

jurisdiction.

229. Development of the Office. Perhaps there
office which in its history better illustrates the pi

THE AEDILE 203

=xature of the Romans and their tendency to adapt existing
-imnstitutions to new situations than the aedileship does, and
t-Xiere is no case in which the successive steps by which
kJiis adaptation took place are shown more clearly. Fur-
tilieraiore, the history of the aedileship presents in a con-
^i^rete way the process by which the two distinct elements,
"^^hich originally made up the Roman community, were
^^^erged into one body. As the city grew, the necessity for
^ more efficient police service developed, and the duties
^Vrhich the aediles performed in assisting the tribunes made
>t natural to employ them in this service. As early as the

middle of the fifth century they were apparently called on

to protect the city in moments of danger, and to see that Liv. 3. 6. 9.

grain was sold at a low price. Duties of this sort affected

patricians as well as plebeians.

230. Establishment of the Curule Aedileship. At the
same time their connection with the tribune's office became
looser, and viatores were appointed in their stead to assist
the tribunes (cf. p. 196). In fact, they were rapidly
acquiring the positive functions of magistrates. Yet the
patricians had no voice in their election, although their
power extended over the patricians. It was under these
circumstances that the curule aedileship was established
in 366 (cf. p. 42), as an offset to the plebeian aedileship ;
for patricians only were eligible to the new office. These
modifications in the character of the aedileship evidently
had their origin, partly in a tendency to assimilate the
plebs to the rest of the people, by eliminating the dis-
tinctive character of their representatives, and partly in
the need of officials for the performance of new duties.

231. Differences between the two Colleges. The curule
and plebeian aedileships were at first very different from
one another in respect of technical character and official

204

REPUBLICAN PERIOD: DESCRIPTIVE

Cic. pro
Plane. 49 ;
Liv. 6. 42. 14.

Liv. 7. 1. 5-6 ;
9.46.9;
Cic. in Verr.
ii. 5. 36.

St. R. II.
472, n. I.

Liv. 7. I. 6.

St. R. II.
486, n. 2.

Lex luL
Munic.
11. 20-55 ;
11691

dignity. The curule aediles were elected by the p
meeting in the comitia tributa under the presidenc
magistrate. They acquired the right to a seat in the
after the passage of the Ovinian law (pp. 46 ff.). Th
the ius imaginutn^ and on formal occasions wore th
praetexta and sat in the curule chair. From this las
of office they derived the distinguishing part of thai
The plebeian aediles, on the other hand, were elect
the concilium plebis under the presidency of a pi
official, and lacked all of the distinguishing marks of
just mentioned. The exclusive right of the patrici
the curule aedileship was given up in a very few yeai
the establishment of the office, and the two positions
college were filled by plebeians in alternate years,
two colleges were also brought nearer together 1
relinquishment on the part of the plebeian aediles c
sacrosanct character, and by their acquisition in cc
time of a right to a seat in the senate.

232. Powers of the Aedile. The members of t
colleges had essentially the same powers. They t
supervision of public places (cura urbis) \ they had
of the corn supply and of commercjacljxansactions
annonae) ; they superintended the publicgames ; ai
had certain judicial, powers.

233. The Cura Urbis. The cura urbis was a
outgrowth of the police functions which the aedil
first exercised as assistants of the tribunes. Th<
charge especially of the streets, baths, temples, am
public works. It was their duty, for instance,
that order was preserved in public places, and tl
regulations governing obstruction of the streets a
cleaning of them were observed. The construci
public works was in charge of the censor or cons

THE AEDILE 20$

^rlien they were completed the aedile assumed the respon-
sibility of keeping them in repair. Being charged with the
naaintenance of order in public places, and having a super-
vision over the public games, as we shall presently see, it
^^^as very natural that they should be held responsible for
"tHe maintenance of good order, when public gatherings of a
secular or religious character, such as contiones^ processions,
^^^ games, were held.

234. The Cura Annonae. One of the most important

^t" their duties consisted in supplying the city with grain. Liv. lo.u.

A.fter the acquisition of rich provinces to the south, and east, 30. 26. 6.'

and when agriculture in Italy had declined, this function

^'^as a matter of great moment, and increased steadily in

ittiportance as the city grew. Since it was their primary

Purpose to have food sold at a low price, the aediles had the

'^ight to carry out the laws which fixed the price of grain,

to inspect weights and measures, and to exercise aigeneral c. I. L. x.

8067 I *
supervision of mercantile transactions, especially of the sale pers! 1/ 13

of articles of food. In the/ performance of these duties
they exercised judicial power, and issued edicts with ref-
erence to matters coming under their administrative super-
vision. In this way they developed a code of commercial
law, largely through the influence of the praetor pere-
grinus^ who, in the adjudication of cases coming before
him, necessarily considered the laws of other commercial
peoples.

235. The Cura Ludorum. The ludi plebeii were, per- Liv.23.30.
haps from the first, in charge of the plebeian aediles.
These officials also assisted the magistrates in the general
. public celebrations. Out of these two facts naturally de-
veloped the practice of giving the aediles supervision of any
y newly established games, so that in Cicero's time, for instance,
\ the curule aediles were in charge of the ludi Romania the

206 REPUBLICAN PERIOD: DESCRIPTIVE

St. R. II. Floralia^ and the Megalensiay while the plebeian aedf
conducted the ludi pleheii and the Ceriales.

236. Judicial Functions. The power of the aedile
act as a public prosecutor, and to summon those ?

Liv. 7. 28. 9; were charged with usury and certain other offenses bef

10 2"? II f *

25. 2. 9. ' the comitia tributa, was never of great importance, and 1
its significance in large measure after the establishmeni
the quaestiones perpetuae,

237. Limits of Jurisdiction and Division of Duties. \
duties of the aediles were evidently of an urban charac
Furthermore, the historical relation which the pleb
aedile bore to the tribune naturally limited the for
official too in the exercise of his power to the space wi
Xht pomoerium. To this restriction the curule aediles
conformed. As for the division of duties between
two colleges, so far as concerns police supervision, it

Lex. lul. local. The city was divided into four quarters, and (
unic. .25 . ^^^ ^^ these quarters was placed under the control
aedile. In other matters the assignment of duties
determined by tradition or convenience. Each of
four aediles had the right of veto against his coUeagt
the same college, but not over a member of the c
college.

(h) The Quaestor

238. History of the Quaestorship. As we have alri
seen (p. 16), there were quaestores parricidii under
monarchy. Some light is thrown on the nature of 1
duties by the definition which Festus gives oi parri
He remarks, nam parricida non utique is, qui pare,
occidissety dicebatur^ sed qualemcumque hominem indet
turn. The office continued in the republican period,
underwent an important change in its character. Begin

THE QUAESTOR 20/

'^rith the establishment of the republic, the quaestor is
liot only the representative of the state in criminal cases of
^ non-political character, but he becomes the keeper of the
state funds. Under the monarchy the incumbents of the
office were appointed by the king, and the right of appoint-
ruent was inherited by the consul, and exercised by him
xintil 447, when the office was made elective, and its
incumbents were chosen in the comitia tributa (p. 33).
Perhaps this change in the method of choosing the quaes-
tors came about in the following way : One of the most
important duties of the quaestor must have consisted in
conducting cases of appeal before the popular assembly.
As long as the quaestor was appointed, he acted, not by
virtue of the power vested in his own office, but solely as
the representative of the chief-magistrate. The establish-
ment, however, of the right of appeal made the quaestorship
a necessary part of a judicial system which was entirely
independent of the chief-magistrate. It was natural, there-
fore, that the office should become independent, that is,
that it should be made elective. The ancient historians
have very little to say about the judicial functions of the
quaestors under the republic. They must still, however,
have performed the duties mentioned above, until, with
the establishment of the quaestiones perpetuae^ such matters
passed altogether out of their hands. The increase in the
number of the quaestors, to four in 421, to eight in 267
(p. 72), to twenty under Sulla (p. 105), and to forty in the
year 45 (p. 137), involved no essential change in the char-
acter of the office. The size of the college was increased to
provide for the provinces and for the financial administra-
tion of Italy, and the functions of the office may be con-
veniently considered from the point of view of the quaestores
urbaniy the quaestores militaresy and the Italian quaestors.

208 REPUBLICAN PERIOD: DESCRIPTIVE

239. The Quaestores Urbani. The two principal duties ^
of the quaestores urbani have already been mentioned. So p^^
little information can be had from the ancient sources with
reference to the quaestor's exercise of criminal jurisdiction,
that it is impossible to find out exactly what his functioiis
were in this respect, or to determine his relation to certain
other officials, such as the II viri perduellionis. His finan-
cial duties are better known. He received all money due \^q

ic. ad Fam. to the State, kept an account of the condition of the state Ijjji
iaccol'44^° treasury, and made such payments from the public funds Ij^tj
^*^- 33- 42. 4; as he was empowered to make by special law or bythe|j|^i
proper magistrate. He represented the state, too, in the Ij^^
iv. 4. 15. 8. smaller matters involved in the execution of contracts. Jr^j
The care of the public records was also intrusted to him.
In this last matter the duties of the quaestor and ofp^^^
the plebeian aedile were similar (cf. p. 202), except that If
the aediles took charge of certain documents only, while the Jj^
quaestor kept all records. Two special points of weak-
ness in the management of the finances by the quaestors
may be noticed. They were simply receiving agents and \^
paymasters for the state. They had no initiative in finan-
cial affairs, and could exercise their discretion in minor
matters only. Furthermore, they held office for a year
only, and in so short a time could not make themselves
familiar with all the affairs of their department, so that the
honesty with which accounts were kept depended largely
on the integrity of their trained assistants, the scrihaty
whose tenure of office was permanent. The records and
the accounts of the quaestor were kept in the aerarium
in the temple of Saturn.

240. The Quaestores Militares and Provincial Quaes-
tors. The increase in the number of quaestors from two
to four, which took place in 421, was to provide a financial

THE VIGINTI SEX VIRI 209

r for each of the consuls when in command of an

Money intended for a campaign was dehvered to Liv. 35. 1. 12
They paid the soldiers, took charge of the spoils, iJ^i/40;^"^'
xercised the same general functions in the field which "• 3- ^77-
uaestor urbanus exercised at Rome. This plan was
:ed for the provinces also, although, in the case of a
ice, the quaestor held a somewhat more important
on than the quaestor militaris did, since he was next
ik to the governor, and acted in his stead in case of Cic. ad Fan
)sence or death. ^' ^^' ^

1. The Italian Quaestors. In 267, as we have already
2d, four new quaestors were appointed. They were
ently assigned to duty in Italy, but the nature of
functions is not perfectly clear. Their principal duty
5 to have been to look after the financial interests of
ideral government in Italy. Their headquarters were
ispadane Gaul, perhaps at Ariminum, at Ostia, and
Dly at Cales. It is not known where the fourth Italian

►tor was stationed. The quaestor at Ostia had charge Cic. pro Ses
e grain supply. ^^

(«) The Viginti Sex Viri

2. The XXVI Viri in General. Although the six col-
of magistrates below the quaestorship were inde-

ent of one another, they formed a single group, so
s the ordo magistratuum was concerned, and were
n as the XXVI viri. This group included the X viri
hus iudicandis, the IIII praefedi Capuam Cumas, etc,
U viri capitaleSy the /// viri monetales, Xh^ IIII viri
n urhe purgandis^ and the II viri viis extra urbem pur-
'is. Several, if not all, of these offices were appointive,
. they were first established, but after a time they all

2IO REPUBLICAN PERIOD: DESCRIPTIVE

became elective. The incumbents were chosen in the
comitia tributa. Besides the specific functions mentioned
:. de Legg. below, special duties were often intrusted to the several
colleges by the senate. The viginti sex viri had no insignia
of office.

243. The Several Colleges. The oldest of these minor
magistrates were the X viri stlitibus iudicandis. They are
V. 3. 55- 7- mentioned in the lex Valeria Horatia^ and, therefore, go
back to at least the middle of the fifth century. They are
spoken of in the connection mentioned as sacrosanct, and
are associated with the tribunes and aediles, so that the
office was probably established to protect the plebeians.
Very likely they passed on questions involving the right to
citizenship — a matter in which the plebeians would be
c.proCaec. vitally interested. At least in Cicero's time questions of
; omo, ^^^ g^^^ would Seem to have come before them. Probably
at first plebeians only were eligible to the office, but in later
V. 9. 20. 5 ; days that restriction was abandoned. The praefecti Capuam
^ ' ^ * Cumas were the judicial representatives of the praetor in
Campania, and at first were probably appointed by him.
They took their title from the two principal points within
their district. The college of /// viri capitales was estab-
V. Ep. II. lished soon after 290, and appointments to it were at first
made by the praetor, but, some time within the next one
hundred and seventy-five years, the office became elective.
These officials were police magistrates, whose duty it was,
11. Cat. 55. under the supervision of the aediles, to preserve order in
uent 38; the city, to arrest criminals, to sit in judgment on them and
•II- 3- 3-^5; punish them if they were strangers or slaves, and to obtain
evidence against persons under indictment. Caesar in-
creased the number in this college to four (p. 137). Little
more is known of the /// viri monetales or /// viri acre
argento auro flando feriundo^ as they are sometimes called,

MAGISTRATES TO FILL VACANCIES 211

than is indicated by their title. The duties performed by
them were for a long time in charge of special commissions,
and the establishment of the magistracy comes at a com-
paratively late date. Caesar added a new member to this
college (cf. p. 137). The IIII viri viis in urbe purgandis Lexlul.
and the II viri viis extra urbem purgandis ^ 2,% the names of \i^l^'(^
these offices indicate, were charged with the duty of seeing
that the streets and roads were kept clean,

(y) Magistrates to fill Vacancies

244. Delegation of the Imperium. The Romans pro-
vided for the vacancy which resulted from- the death or the
absence of a magistrate in a variety of ways. No serious
difficulties arose in the case of the lower magistracies,
because of the size of the colleges. In the case of the
censorship, the duties of the office during the last three
and a half years of a lustrum were performed by the con-
sul and aedile (p. 195). Real difficulty arose, however,
from the death or the absence of both consuls from the
city, from the withdrawal of a governor from his province,
and from the occasional necessity of providing more com-
manding officers in the field than the higher magistracies
furnished.

245. The Interrez. Provision was made to cover a
vacancy in the consulship by the institution known as the
interregnum. This institution goes back to the monarchy,
and the functions of the interrex during that period have
already been noticed (p. 14). Under the early republic,
when the armies were always commanded by the consuls,

the death of both chief-magistrates occurred in several Will. II. i
instances. In such cases the method of procedure was "*
essentially the same as that which was followed on the

212 REPUBLICAN PERIOD: DESCRIPTIVE

f. 1. 17. 5 f. death of the king, except that under the republic the new
chief-magistrates were elected in the centuriate comitia,
summoned for that purpose by the interrex and presided
over by him. In fact, the interrex was appointed mainly
to hold the elections, and the interregnum ceased as soon
as the new consuls were chosen. At the same time, how-

R.l.66of. ever, he was vested with all the powers and privileges of
the consul, but, as the term of office of each interrex lasted

:. ad Fam. only five days, it was impossible for him to carry on public
business in an orderly way. The last interregnum occurred
in the year 53-52.

246. Praefectus Urbi and pro Praetore. When both
consuls were obliged to leave the city, the last to depart

ir. 3. 3. 6; appointed a praefectus urbi to represent him during his
absence. The prefect was vested with all the powers of
the consul. After 366, however, the praetor urbanus
became chief-magistrate in case both consuls were absent
from the city (cf. p. 189), and from that date down to
Caesar*s time (cf. p. 136), the city prefect was chosen
only at the time of ihtferiae Latinae, when all the regular
magistrates were absent from the city in attendance on that
festival. In a somewhat similar way, when a consular gov-
ernor left his province before his successor arrived, he dele-
:. adFam. gated the imperium to his quaestor, who governed the
^^"*' province with the title of quaestor pro praetore.

247. Privati cum Imperio. This practice of conferring
on a lower magistrate, or even on a private citizen, the
powers and privileges of a higher magistracy was occa-
sionally adopted in times of danger even by the home
government. It amounted to a virtual increase in the
size of the magisterial college affected. The individuals
upon whom the imperium was conferred received usually
the pro-magisterial title. Thus in 211 the tribunes were

MILITARY OFFICERS AND JUDGES 21$

instructed by the senate to secure the passage of a law Liv. 26. 2.

authorizing the appointment of some one as commanding ^ * ^ • "^

officer in Spain. The law was passed, and P. Scipio, at

that time an ex-aedile, was made governor of the province

with the title pro consult. In the same year a senatus con-

sultum conferred the imperium on all the ex-dictators, ex- Liv. 26. ic

consuls, and ex-censors for the defense of the city against

Hannibal. This practice was carried to a still greater

length in 77, when Pompey, who had held no magistracy Liv. Ep. c

at all, was made commander of the forces in Spain with 17." *

the title of proconsul. The senatus consultum ultimum

and the prorogatio imperii have been mentioned elsewhere

(pp. 156, 181), and do not properly come into consideration

here.

{U) Elective Military Officers and Judges

248. Elective Military Officers. There were two colleges
of officials, that of the tribuni militum and of the // viri
navales, whose members, like the magistrates, were elected
by the people, but they differed from the magistrates in
that they had no civil functions.

249. Tribuni Militum. Down to 362 the tribuni mili-
tum had been appointed by the consuls, but in that year for

the first time six of them were elected in the comitia tributa, Liv. 7. 5. .
In 311 the people were allowed to elect sixteen, and after \>?^^^,\^
207 they elected twenty- four. As six were required for a
legion, this last change provided for the usual levy of four
legions. If more than twenty-four tribunes were needed,
the additional appointments were made by the consuls. It
is a significant fact that the date of the election of the first
military tribunes coincides so nearly with the date of the
Licinian law. That law put an end to the consular tribu-
nate by substituting the consulship for it. Now the consular

214 REPUBLICAN PERIOD: DESCRIPTIVE

tribunes were merely military tribunes vested with political
power (p. 184). The abolition of the consular tribunate
meant a certain loss to the democracy. The concession
made in 362 was, therefore, by way of compensation for
that loss. The tribunes elected by the people were known
as tribuni militum a populo. Their duties were of a purely
military character, and differed in nowise from those of the
tribunes appointed by the commanding officer.

250. The n Viri Navales. The II viri navales held
essentially the same position in the fleet which the tribuni
militum held in the army. The office was at first an
appointive one, like that of military tribune, but in 311,
when the number of elected tribunes was raised to sixteen,

. 9> ja 4. the // viri navales were for the first time chosen by the
people. They were not elected annually, but as circum-
stances required, since under the republic there was no
permanent fleet, and, therefore, naval commanders were
not always needed. The holding of the election was
authorized by the senate. Nothing is heard of the office
in the later republic.

251. Elective Judges. Since the number of praetors
was not large enough to provide presiding judges for all
the quaestiones perpetuae^ at intervals a index quaestionis
was chosen from the ex-aediles by popular election. In
dignity, then, the office stood between the aedileship and

ir. I. the praetorship. The index qnaestionis had charge of the

c86ff • quaestio de sicariis et veneficis. The nature of the cases
■a. I. 845, brought before this court made the position of its presiding
judge an important one. The first mention of this index
is in 98, but the epoch of greatest importance for the office
is from Sulla's dictatorship down to the time of Augustus,
when it disappears. The incumbents of the office had no
political functions.

EXTRAORDINARY OFFICIALS 215

(/) Extriwrdinary Officials

252. Two Classes of Extraordinary Officials. All the
magistracies and offices which have been considered up to
this point formed for a longer or shorter period a regular
part of the Roman administrative system, but emergencies
arose when the regular officials did not seem capable of
dealing with the situation. Under such circumstances ex-
traordinary offices were created by special laws, or special
officials were chosen to carry out a particular undertak-
ing. It may be convenient to classify these extraordinary
officials in two categories, according as they were placed
under constitutional restrictions, or were above the con-
stitution. The principal officials of the first class were
the // viri perdueilionis, the commissioners agris dandis
adsignandis and coloniae deducendae, the commissioners
appointed to dedicate public buildings, or carry out some
financial undertaking, and the legati. The most celebrated
officials coming under the second head were the X viri
consulari imperio legibus scribendiSy the dictator legibus
scribendis' et rd publicae constituendae^ and the III viri rei
publicae constituendae,

253. The n Viri Perdueilionis. The college of II viri
perdueilionis f which passed judgment on those charged with
treason, and represented the state in such cases before
the centuriate cotnitia^ if appeal was taken, has little mean-
ing for the republican period. There are only two known Liv. 6. 20. i
instances after 509 when II viri perdueilionis were ap- perd^il
pointed, and in the second case, that of Rabirius in 63,

the institution was called into life for political purposes
only. The power attaching to the office was too great to
be granted to two men, while, on the other hand, the cen-
turiate comitia^ to which appeal from their decision was

2l6 REPUBLICAN PERIOD: DESCRIPTIVE

carried, was too unwieldy a body to settle judicial matters.
The // viri perduellionis^ therefore, gave way to the|Bt»iis
quaestiones,

254. Special Commissions. The duties of land commis- L|)ai
sioners consisted in dividing and assigning the land chosen fete
for allotments, and, in case a colony was to be established, |jftr'

cdeLeg. in drawing up a charter and in providing for the imme-
gr- 2. 90- diate government of the community. The number of
members serving on these commissions ran all the way
from three to twenty. The commission expired when the
work for which it had been established was finished. The
iv. 10. 21. size of the allotments and the methods and conditions of
. 4. 1-2 ; assignment were fixed in the law creating the commission.
• 49- 5- From a very early period the principle was recognized that
state land could be given away only with the consent of
the people. When a temple or other public building was
to be constructed, the power to use public land for the
purpose in question was granted by law and // viri aedi
locandae were chosen. The dedication of a temple often
fell to the lot of one of the higher magistrates, but not
infrequently the matter was intrusted to // viri aedi
dedicandae. The execution of economic measures, espe-
cially those of a novel character, was sometimes intrusted
to a commission rather than to a magistrate. A case in
point was furnished by the V viri mensarii, or commission
appointed in 351 to assist individuals in securing loans
(cf. p. 49).

255. Legati. In its management of foreign affairs the
senate from time to time sent out legati. They were

V. 43. 1. 10. appointed by the magistrate or commanding officer at the
instance of the senate. They may be divided into two
classes according to the duties assigned to them. Those
of one class were sent to independent states to deliver a

EXTRAORDINARY OFFICIALS 21/

essage from the senate or to carry on diplomatic nego-

itions. Legati of the other class were sent to assist

jnerals in the field. As we have already seen (p. 69),

unpaigns were carried on under the joint direction of the

nate and of the officer commanding the forces. The

^ati attached to the staff of the general in command

ere, therefore, the representatives of the senate, and, as

ich, took part in the councils of war and held important Liv. 8. «. 10

^namands. This right of the senate to send out commis- ^^' ^'

ons was much abused in the later years of the republic.

"he practice developed of granting to senators a legatio

hera^ which allowed them to travel through the provinces Cic. ad Fam.

12 21' i3ro

n their private business and enjoy all the privileges and Flacco,86.
onors of accredited commissioners. Midway between the
vo classes of legati which have been mentioned were the
ammissioners sent out by the senate to draw up, with
le help of the general in the field, the lex provinciae
-f. pp. 89-90) for the people of a newly acquired terri-
)ry. Senatorial commissions varied in number from two Liv.29. 11.3;
) ten. The commission appointed to draw up a provincial 37] 33] 4. '
institution always numbered ten. Members of senatorial
)mmissions were almost always senators.
256. TheX Viri Legibus Scribendis. The cases in which
le Romans under the republic chose extraordinary officials
\ revise the fundamental law of the state, and released
lem from restrictions ordinarily laid on magistrates, are
w in number. The decemvirate of 45 1 (cf. pp. 30 f.) is,
jwever, an instance in point. That commission was
iosen to revise, or codify, and to publish the law of the
nd. Its members were elected in the popular assembly, .
id, like other magistrates, they were liable to a veto from
her members of the college. On the other hand, they
3re not subject to the tribunician veto. In fact, the

2l8 REPUBLICAN PERIOD: DESCRIPTIVE

tribunate was suspended or abolished for the time. T
Liv. 3. 32. 6. term of office for the first decemviral college was a ye

The second was apparently to continue in office until
Liv. 7.55. 5; task was complete. The Valerio-Horatian law of app
Publ. 2. 54. forbade the establishment of such a magistracy in t

future.

257. The Later Dictatorship. Some of the points
difference between the dictatorship of Sulla and the tra
tional dictatorship have already been noticed (pp. 134

Appian, B. c. The lex Valeria of 82, which conferred this position on So

Cic/deLeg. authorized him to undertake a thorough revision of

^^' 3- 5- constitution, as the title of the office shows, viz., dictat

legibus scribendis et rei publicae constituendae. The unl

ited power of the office is indicated not only by Cice

characterization of it as an office of such a sort ut om

quaecumque tile (i.e., Sulla) fecisset^ essent rata^ but als(

the use which Sulla made of it. Caesar's dictatorship wa

the same sort. Sulla's term of office as dictator was p

ably unlimited. As for Caesar, we have already not

that in 48 the dictatorship was apparently given to hin

an undefined period, in 46 for ten years, and in 44 for

Some of the important powers exercised by Sulla and Cj

Suet. lul. 41 ; by virtue of their dictatorship were : the right to nam(

2/23; ^^" magistrates (cf. pp. 137 f.) and to add members to

pro Lig. 12. senate, to name magistrates in the munkipia, to im

penalties without submitting to the right of appeal, ai

control the ager publicus.

258. The Triumvirate. The triumyirate to which ]
dus, Antony, and Octavius were appointed held a
tion in the state similar to that which Caesar had
during his dictatorship. The office was established b;

St. R. II. 707. lex Titia of 43 (cf. p. 141) for a period of five y

EXTRAORDINARY OFFICIALS 219

was renewed. As we have already noticed, the
J of the triumvirate adopted the principle of col-
on its positive side. Like Caesar, they exercised
t to name the magistrates for Rome and for the
a, to punish without appeal, and to manage state

Selected Bibliography^

^tor : A. Dupond, De dictatura et de magisterio equitum,
^5; £. Servais, La dictature, Paris, 1886; F. Haverfield,
ition of the dictatorship, Class. Rev. III. 77. — The con-
one: Heinze, De tribunis mUitum cons, pot., Stettin, 1861.
aetor : F. Faure, Essai historique sur le pr^teur romain,
78; O. Lenel, Das Edictum perpetuum, Leipzig, 1883. —
>r: Servais, La censure, Luxemburg, 1880; Willems, Le

la r^publique romaine, I. pp. 239-625, Louvain, 1883;
umpt. Die Lustra der Romer, Rhein. Mus. XXV. 465 ff. ;

ff. — The tribune of the plebs : Soldan, De origine, causis
tribunorum plebis numero, Han^iu, 1825 ; W. Ihne, Rhein.
1. 161 ff. ; Belot, De trib. pleb., Paris, 1872 ; P. Wehrmann,
hichte des rom. Volkstribunats, Stettin, 1887. — The aedile:

Ueber d. rom. Aedilitat in altester Zeit, Philol. XL VI.
Tx, Hofmann, De aedilibus romanis, Berlin, 1842. — The
: Wagner, De quaestoribus pop. romani, Marburg, 1848 ;
De quaest. rom., Berlin, 1847. — ^he interrex: E. Herzog,
itut des Interregnums, Philol. XXXIV. 497 ff. ; Willems,
— The city prefect : Franke, De praefectura urbis, Berlin,
The tribnnas militum : Geppert, De trib. mil. legionum rom.,
$72. — The legati: O. Adamek, Die Senatsboten d. rom.
, Graz, 1883; Willems, II. 491 ff. — The decemyirs: £.

Ueber d« rom. Decemvirat, Halberstadt, 1871.

^ See also p. 173.

CHAPTER X
THE SENATE
(a) Composition of the Senate and Senatorial PrivUe^

259. Method of choosing Senators. The right wh
the king had enjoyed of making out the list of senat
(p. 16) was inherited by his successor, the consul. 1
power had both a negative and a positive side. In
exercise of it the chief-magistrate could strike names ft
the list, or make such additions as would bring the num
up to the normal point. Since the right to exercise
power probably belonged to each college of consuls,
roll of senators was subject to revision each year. Tow
the close of the fourth century the plebiscitum Ovin
(pp. 46 f.) transferred this power to the censor. It
exercised by him under the restrictions imposed by
dition and by the Ovinian law up to the dictatorshi]
Sulla, when the censorship was allowed to lapse,
office was reestablished in 70, but, although he recov
the right to remove men from the senate, the censor
not regain the power to make additions to that 1
(cf. p. 194). Sulla and Caesar named senators ii
exceptional way by virtue of the dictatorship which
held.

260. Number in the Senate. Before the downfall o!

monarchy the normal number in the senate was fixe

three hundred (p. 16), and according to tradition one o

Liv. 2. 1. 10. first things done by the patrician consuls after the expu

220

THE SENATE '221

±ie kings was to fill up the depleted list of the senate.

la raised the number to six hundred, and this continued Appian, B. c

be the normal size of the body, although it was tempo- suet.'iul/°°'

ly raised to nine hundred by Caesar. 4i» 80.

^61 • Composition of the Senate. So far as the com-

ition of the senate is concerned, its history falls into

r periods. The first extends to 509 ; the second to the

3e of the fourth century ; the third to Sulla^s dictatorship ;

L the fourth to the downfall of the republic. In the first

iod, patricians only were eligible. According to tradition,

^ever, the^ establishment of the republic brought with it Liv. 2. 1. 10;

i admission of plebeians into the senate. This change p. 254, ed. M

somewhat out of harmony with the aristocratic character

the revolution of 509, but it may have been inspired by will. i. 35-

lesire to secure the support of the influential plebeians in ^ ' *' ' ^^*

; movement against the monarchy. At'all events the evi-

Dce ^s^es us in believing that plebeians were admitted

a very early date. The new senators were called adlecti

conscripti to distinguish them from the patres. As Festus

rs (p. 7, ed. M.) : nam patres dicuntur qui sunt pair icii gene-

, cOnscripti qui in senatu sunt scriptis adnotati. In the

rd period, from the close of the fourth century to the

le of Sulla, the senate was largely made up of ex-magis-

tes. The change did not come abruptly, however. The

ebiscitum Ovinium^ which instructed the censors to give

5 preference to ex-magistrates in drawing up the list of

lators (pp. 46-7), probably only gave a legal sanction

a practice which had been developing for some time.

ider the legislation of Sulla the senate became exclusively

)ody of ex-magistrates.

262. Conditions of Eligibility. There were three princi-

l conditions of eligibility to the senate in Cicero's time.

was necessary that a senator should be a freeman and a

222 . REPUBLICAN PERIOD: DESCRIPTIVE

citizen, that he should have held one of the magistrate
mawres, and that he should not be engaged in any one d
certain specified occupations.

263. Citizen and Freeman. Conformity to the Hist
condition implied that a candidate for senatorial honon
should have reached his majority, and that he should be in
possession of the full political rights of a Roman citizen
Furthermore, the sons of freedmen, as well as freedmei
themselves, were ordinarily considered ineligible by thi
censors, although probably the former were not exclude!
from the senate by law.

264. A Senator must be an ex-Magistrate. The Ovinia
law did not make the holding of a magistracy a necessai

Liv. 23. 23. condition of eligibility to the senate, but preference wi
given to ex-magistrates. The increase which Sulla mat
in the size of the magisterial colleges (p. 105), howevi
provided a sufficient number of ex-magistrates to keep t
number of senators up to the normal point, so that, af
his dictatorship, no one was eligible to the senate unl
he had held a magistracy. In the latter half of the fi
century the tribune and aedile of the plebs, as well as
magistrates down to and including the quaestor, had a ri:
to a seat in the senate. When this right was conferred
the plebeian aediles it is impossible to say. At leasl

Will. 1. 231. would seem to have been granted to them before i
The plebeian tribunes acquired the right to a seat in

Will. I. senate under the plebiscitum Atinium^ which was proba

risofe passed toward the close of the second century. T

quaestor gained the same privilege in the year 81.

265. A Senator must abstain from Certain Occupatic
The Romans felt that certain occupations put a m<
stigma on an individual, that others were incompat
with the dignity of a senator, that others prevented ]

THE SENATE 223

>m performing his duties as senator in a satisfactory way,
Lci that still others unfitted him for passing on public
lestions in a disinterested manner. AH these occupa-
>iis, then, made a citizen temporarily or permanently
eligible to the senate. To the first class, for instance,
-longed the professions of the lanista, the gladiator, and Lex lul.
Le actor. To receive wages or a salary for one's services u, jogfj,
d not comport with the dignity of a senator, so that the
-cupation of 2, praeco or a scriba excluded the individual Gell. 7.9.2 f

I p^iit Till

t question from the senate. In fact, if a citizen gained Munic.
is livelihood in any business which required his constant ^' 94 ff-
ersonal attention, that fact made it impossible for him to
erform satisfactorily the duties of a senator. As soon,
owever, as he gave up the occupation in question, he became
ichnically eligible. Finally, since the senate managed the
Dances of the state in large measure, men who had taken
•ublic contracts could not be allowed to sit in that body.

266. Property and Age Requirement. Under the repub-
c probably there was no property qualification for admis-
ion to the senate, but, since no salary was paid to a
snator, the position could be held only by men of means,
'urthermore, a reasonable fortune was required to maintain
le senatorial dignity. The censors must have taken these
Lcts into consideration in drawing up their lists. No age
*quirement was definitely established by law or custom,
ut the Ovinian law, when supplemented by the lex Villia
nnaliSy prevented any one from becoming a senator until
e had reached the age required for the quaestorship (cf.
. 169). In fact, it may be said in general that obstacles
hich prevented a person from becoming a magistrate
revented him from becoming a senator also.

267. Classes of Senators. We have already had occasion
) notice that plebeians were admitted to the senate at a very

224 REPUBLICAN PERIOD: DESCRIPTIVE

early date (cf. p. 221). A plebeian senator never acquired,
however, two rights which his patrician colleague enjoyed,
viz., the right to act as an interrex, and the right to vote on lid
the passage of the patrum auctoritas. For a long time a Ik
distinction was made also between the senators who hadlh
the ius sententiae dicendae and the pedarii^ who voted on Ic
a motion already made, but were not called on to speak or \\
make a motion themselves. The composition of these two
[erz. I. classes is a matter of high dispute. As we shall presently

m.i.i37f.; see, the presiding officer asked senators their opinions in
52^111 082 ^^^ order of their rank, and it was within his power to
terminate the discussion before all the members of the
senate had stated their views. Senators of inferior rank,
therefore, took part only in the discessio^ and were called
on, as the Romans put it, only pedibus in alienam senten-
Ham ire. From this fact they derived their name pedarii.
Where the line of distinction was drawn between the pedarii
and their more fortunate colleagues is as unsettled to-day
as it was in the time of Aulus Gellius, who mentions {N, A,
iTiil. 1. 143 f.; III. 18) several different explanations of the term. It seems 1

t R HI

71 f. probable, however, that the pedarii were plebeian senators

who had never held a curule office. It is also probable
that the conscripti of the early period were restricted in
their exercise of senatorial rights in the same way as the
pedarii were in the. period following the Ovinian law.

[erz. For the time of Cicero the term pedarii has no technical

000 _

' meaning. As already intimated, senators were classed as
consulares^ praetorii, aediiicii, tribunicii, and quaestorii^ and
their opinions were asked in the order indicated. From
perhaps the third century down to the time of Sulla a patri-
cian senator of the rank of censor usually stood at the head
iTill. 1. iiif. of the list. He was called Xht princeps senatus, and his
opinion was asked first.

MEETINGS OF THE SENATE 225

268. Insignia and Privileges. Members of the senate
Cicero*s day were distinguished by certain insignia,

indicating their position. These omatnenta senatoria, as

they were called, were the calceus senatorius, the tunica Cic. Phil. :

Iaticlavia\ and the anulus aureus y although the gold ring 1.6.2°/."

was not the peculiar mark of senatorial rank, but was worn ^^stus,

^ ' V. mulleos,

by knights also. Senators who had held a curule office p.i42,ed.l
-•wore a special shoe called the mulleus. Certain special pun. N. ii
privileges were also granted to senators. After 104 seats 5^' " '

Liv. 34.54,

were reserved for them at the public games. At dramatic Cic. de Ha
performances too the orchestra was set apart for them, and phft cat.
a not unimportant privilege was the ius legationis liber ae ^^^- ^7-
(cf. p. 217). They enjoyed, except for a period of about
fifty years (cf. pp. 97, 106, 109), the right of sitting on
the jury. Corresponding to these privileges were certain
restrictions which we have already considered.

(ft) Meetings of the Senate

269. The Presidency of the Senate. The right to call

the senate and preside over it, the ius agendi cum patribus, Gell. 14. 7.
was enjoyed by the dictator, consul, praetor, interrex, city 3.^10.^ ^
prefect, master of the horse, and, after the middle of the
fourth century, by the plebeian tribune. Up to the time of
Sulla the consuls were absent from the city a great part of
the year, so that, strangely enough, the presiding officer in
the senate niust usually have been, not the chief-magistrate,
but his representative, the praetor urbanus. In the early
period, in case both consuls were in the city, the presi-
dency of the senate fell to the consul who had the fasces
(cf. p. 155). Later it is impossible to tell how the matter
was decided. Each consul had the right to convoke the
senate, and he could not be prevented from doing so by

226 REPUBLICAN PERIOD: DESCRIPTIVE

the veto of his colleague. In the later years of the republic,
therefore, when the two consuls not infrequently belonged
to different political, parties, cases of conflict must have

et lui. 20. occurred. In one instance, at least, the weaker of the
two abstained altogether from political action. After the
senate had finished the business which the chief-magis-
trate had to lay before it, it was competent for any other
magistrate, having the ius referendiy to lay questions before
it, unless such action was forbidden by the chief-magistrate.
Consequently, the business which the tribune had to bring
before the senate was usually laid before it in that way.
The cases in which the tribune convoked the senate were
very few. It is evident that the three officials who pre-
sided over the senate most frequently were the consuls,
praetors, and tribunes. Accordingly, official communica-
tions were ordinarily addressed to them (e.g., M, Tullius
M, f, Cicero procos, s, d, cos, pr. tr, pL senatuiy Cic, ad
Fam, XV. i), and to them the senate intrusted the welfare
of the state in the senatus consultum ultimum. The ius
referendi carried with it, not only the right to convoke the
senate, to lay matters before it for consideration, and sfecure
legal action upon them, but also to determine the order of
business.

270. Place and Time of Meeting. The senate was

'. 3. 38. 8. called together by a praeco or by a proclamation. The
usual place of meeting was the curia Hostilia^ at the
northeast corner of the forum. There were no days fixed
by law for the meeting of the senate. On the other hand,

11. in the later years of the republic, perhaps after 61, it could

^^^ ' not be called on certain dies comitiales. A session ordi-
narily began early in the morning and ended before sunset.

il. 14. 7. 8. In feet, the legality of a senatus consultum passed at a night
session was questioned. The public were not admitted to

MEETINGS OF THE SENATE 22/

^ the senate chamber, but the doors were left open, so that
-~ it was possible for them to follow the discussion, and their
^^ expressions of approval and disapproval often interfered Cic ad Q,
" with the orderly transaction of business. On rare occasions ^' ^° ^"^*
^^ the senate went into executive session. In such a case the
i-- doors were closed, and the Uctors and viatoreSy who acted Liv. 42. u
^ as sergeants-at-arms, were excluded. In the senate chamber
» each member chose the place on the subsellia which suited Cic. in Ca
^ his fancy. The magistrates were on a raised dais, the adVam. '
- consuls and praetors seated in their curule chairs, and 3- 9- 2.
~ the tribunes on a longum subsellium. Members rose when
^ addressing the senate and when the magistrates entered
and retired.

271. Quorum. A quorum does not seem to have been
necessary for the transaction of ordinary business, but action

on certain matters required the attendance of a specified c. i. L. i. :

number. In particular toward the end of the republic a Ascon.'p.

quorum was necessary when senatus consulta were passed ®4- ^V'p.

with reference to the assignment of the consular proviaces. 8. 9. 2.
The presiding magistrate could enforce the attendance of

members who were absent without sufficient reason, but cic. Phil.

recourse was rarely had to such extreme action. GeU. 14. 7.

272. Procedure during the Debate. The magistrate who
was to preside made an offering and took the auspices
before the meeting. At the beginning of the session cic. ad Fj
dispatches were ordinarily read, and statements were made GelL^i4. 7
by the presiding officer, or by others who were authorized

by him to speak. Business was definitely brought before
the senate by the relatio of the presiding officer, whose
remarks began with the formula : quod bonum felixque sit
populo Romano Quiritiutny referitnus ad vos, patres con-
scripti .... The committee system was employed on rare
occasions. The presiding officer could make a simple

2'
lot
a

228 REPUBLICAN PERIOD: DESCRIPTIVE

statement of the facts, or he. could advocate a certain course,
c. Phil. 1.3. In rare cases he laid a definite motion before the house. §?
After having stated the case, he could call for a vote at
once. This plan was seldom adopted, except when a
matter was unimportant, or when the support of the
majority to a given proposition was assured beforehand.
The demand of a senator for an opportunity to debate a
question (consule) would scarcely be disregarded. Ordi- |P
narily, then, after the business before the senate had been
stated, the presiding officer, following the order of rank,
proceeded sententias rogare. The order was that already
indicated (p. 224), except that, after the middle of the
c. Phil. second century, the consuls-elect were first asked their
?L'cat. opinions. In a similar way the praetores designati took
'^'' « ^ precedence of iht praetorii. Preference was shown for the 1^

)pian, B. C. ■'^ , "^

5. Opinion of the magistrates-elect, because they were likely

to be called on to carry out the measure under considera-
tion. The senators, as they were called on in turn, could |^
either address the house on the question at issue, closing Y
their remarks with a motion, or they could indicate their
agreement with a motion already made. In responding to
the request of the presiding officer for his opinion, a senator
was not required to confine his remarks to the question
before the house, but he could, if he wished, speak on
c. ad Fam. matters entirely foreign to it, and could request the presid-
Att. ' i^^g officer to bring these matters before the senate. This
16. 9. privilege was a very important one, and made up in large

measure for the lack of the right of initiative, which right
technically the presiding officer alone had. Senators spoke
on a question as long as they saw fit, so that the opponent
of a measure could prevent action on it by talking until
sunset. The chairman had the right to stop a member
adopting such a course by ordering a viator to take him into

MEETINGS OF THE SENATE 229

31 - <:ustody, but there is only one known instance where a Gell. 4. i
>e l)residing officer made such an attempt, and his efforts
t - ended in a practical failure. Speeches were often violent Cic. ad (,
w. ^d personal, and were frequently interrupted by cries of saii-^Cat
: - approval and disapproval on the part of the senate. The 53- '•
br-j presiding officer brought the discussions to an end when
dz he saw fit. Probably many of the senators were given no
opportunity to speak. Magistrates in office, who sat in the
a: senate, were not asked their opinions.
>! : 273. Method of Voting. If, during the debate, only one
2} motion had been made, the presiding officer, in case he
accepted it, put it to vote. If several propositions had
been made, he had the right to .reject those which were
Unacceptable to him, and to put the others to vote in any Caes. B.
Order which he preferred. The first motion to receive the q^* ^^ii
Support of a majority con^tntpd^the action of the senate, ^tp^'
' If a motion comprised several different propositions, a 10. 12. 3.
division of the question could be called for, but the pre- Cic. ad i

T 2, I

siding officer was not obliged to grant the request. At * ' '
the request, ^ui hoc censetis, illuc transite ; qui alia omnia^
in hanc partem^ the supporters of a measure passed to one
side of the house to be counted, the opponents to the
other. Magistrates in office did not vote. The result was
announced by the presiding officer.

274. The Intercessio in the Senate. The par potestas
(p. 154) conferred on the colleague of the presiding officer
the right to interpose his veto. In point of fact, however,
the veto power was rarely exercised by any other official
than the tribune, but, as we have already seen (pp. 198 f.),
he could exercise that power at any point in the proceed-
ings. An action of the senate which no official had vetoed
was called a senatus consultum. In case of an intercession the
action of the senate had no legal value, but, inasmuch as it

ie
ite

230 REPUBLICAN PERIOD: DESCRIPTIVE

represented the opinion of a majority of the senate, it had Is
moral force, and was set down in writing and preserved, I a
constituting what was known as a senatus auctoritas, to bejt
distinguished, of course, from an auctoritas patf^m (p. 50).

275. Formulation and Publication of a Senatus Con-
sultum. The propositions appended to the third, eighth,*^
and ninth of Cicero's Philippic orations give one an idea fe
•of the form of the motions on which the senate voted, fe
A motion was set down in writing in its final form after a f i
meeting by a committee chosen by the chairman. This
committee was usually made up of those who had sup-

.I.L.1.196; ported the measure. There were two essential parts in

ic°ad Fam. such a document : the preamble, or pr<uscriptiOj and the

?: 5 ; action proper. The preamble gave ordinarily the name of

runs, the presiding officer, the place and time of meeting, and the

names of the members of the committee chosen to put the |^
measure in its final form (adesse scribendd). Then came
a statement of the question on which action had been l^
taken, usually introduced by such a phrase as, quod M>
Marcellus cos. v{erbd) f(ecit) de^ etc., followed by the |^
action itself. At the end of the document, in the case of |^
a senatus consultum, stood the word c{ensuere) \ in the case
of a senatus auctoritas^ the name of the magistrate or mag-
istrates who had interposed a veto. It was incumbent on
the presiding officer to see that the action of the senate
was communicated to those concerned, and to deposit the
official copy of a motion in the aerariufn (cf. p. 208).
uet.luL2o. One of the laws of Caesar of the year 59 provided that
official reports of the proceedings of the senate should be
made and published.

276. The Roman Senate and Modern Legislative Bodies.
The method of transacting business followed in the Roman
senate was in many respects in marked contrast to that of

MEETINGS OF THE SENATE 23 1

modem legislative bodies. In modem legislative assemblies
a large amount of the work is done by standing or special
committees, which carry on extended investigations, and,
on the basis of the information thus obtained, recommend
certain action to the main body which they represent.
The Romans made practically no use of the committee sys-
tem. The fact that in our modem legislative bodies there
are important committees, and that the presiding officer
in most cases determines their personnel, gives him great
influence in controlling members and in directing legis-
lation. The presiding officer in the Roman senate had
no such means of controlling that body. Furthermore,
there were no well-organized parties in Rome, nor was the
presiding officer in the senate a party leader to the same
extent that the Speaker, for instance, of our House of Rep-
resentatives is. Party government, with all that it implies
in the way of a definite programme, of caucuses, and of
concerted action, was practically unknown.

The senate was distinguished from most modern parlia-
ments in that it could meet only when it was convoked by
a magistrate. This state of things was consistent with the
theory that the senate was not a legislative body, but an
advisory council. It rested, of course, with the magistrate to
decide when he needed advice. The plan did not work in-
conveniently, since the members of the senate were within
call of the senate-house. In harmony with this theory of the
functions of the senate was the further fact that the order
of business was in the hands of the presiding officer, and
was not determined, as with us, by the house itself. This
theory also accounts for the fact that senators did not have
the right of initiating legislation, that they could not even
speak until they were called on, that the presiding officer
could stop a debate when he saw fit, and that he could

232 REPUBLICAN PERIOD: DESCRIPTIVE

refuse to put a motion unacceptable to him. As we ha
seen, however, most of these limitations had little practi
meaning. The senate, for instance, had such effect
means of forcing a magistrate to convoke it, that no' m
istrate ever succeeded in ruling without asking its coope
tion, and the right to initiate legislation, although theor
cally denied, was practically exercised in a roundab
way. It is a matter of surprise that the Roman senate '
able to transact complicated business in a wise and ordi
way under the loose system which it followed. We h
already noticed that business was not prepared for it
committees, but almost all sorts of intricate matters ¥
taken up for the first time on the floor of the ho
Furthermore, a comparatively short time was given to
settlement of important questions. There was little of
parliamentary machinery which we think so essential to
orderly transaction of public affairs. There was appare
no fixed order of business. A quorum was not ordinj
necessary. A dozen motions might be under considera
at the same time, and what must have made the situa
still worse is the fact that the consul could not pre
members from discussing matters entirely foreign to the
ject which he had brought up for consideration. Mol
were rarely written down, and, in fact, no official mir
were kept of a meeting, but the senate relied on the mei
of the presiding officer or on notes taken by individual s
tors. Finally, any one of the ten tribunes could inter
his veto and make the action of the senate invalid. T
weak points in its method of doing business were offse
its frequent meetings, by the fact that its members
almost all experienced administrative officers, by its wil
ness to profit by its own long experience and by the wis
of those best qualified to advise it.

POWERS OF THE SENATE 233

277. Exclusive Rights of Patrician Senators. The spe-
al rights which the patrician members of the senate
ways retained have abeady been noticed (p. 224). Of
lese the right to vote the auctoritas patrum was robbed
t" all significance by the Publilian law of 339 (pp. 50 f.).
he right to choose an interrex from their own number was
2ry likely ,a political privilege of some value during the
:ormy years of the late republic. At all events, the insti-
ition served to give continuity to the government.

278. Relations of the Senate to the Magistrate and the
Dmitia. As for the senate taken as a whole, we have
iready had occasion to notice (pp. 65 ff.) that the relations
hich it bore to the magistrate and to the popular assem-
Ues gradually underwent a radical change. In the period
f its ascendency the magistrate was little more than its
residing officer and minister, while a great part of the
Usiness of legislation came before the senate, not before
tie comitiay and even the matters on which the popular
ssembly ultimately took action were discussed and put in
nal form for submission to it by the senate. Traditional
sage always determined under the republic, however, the
elation which its action bore to that of the popular
ssemblies. A senatus consultum never stood on the same
>lane as a lex. It could not annul a lex, nor was it valid
f its provisions violated those of a lex. It could, however,
aterpret enactments of the popular assembly. It could
»rovide for matters not already covered by them, even
rhen in so doing it seemed to usurp the constitutional
[ghts of the comitia, because in so doing, if the tribune did
ot interpose his veto, it could be assumed that its action
ras acceptable to the populus.

234 REPUBLICAN PERIOD. DESCRIPTIVE

279. Authority in Religious Matters. The three fie
in which its activity was greatest were those of religii
finance, and foreign politics. The ordinary management
religious matters was intrusted to the pontifex mam
and the special colleges of priests. Certain regula
recurring events of a religious character, like the celet
tion of the games, were in charge of the magistrates ;
the welfare of the state depended on the favor of the gc
and, therefore, when the gods indicated their will in sc
extraordinary fashion, or when an important change
the established religious order was contemplated, the
became one of great political concern, and it was impon
to get the advice of the senate. For this reason, the sei

6ell. 4. 6. 1 f. ; was consulted when prodigies had occurred, when new i

Liv 2C 12

2 ff.; 32. 1, were to be introduced, or religious ceremonies to be n
^^ ^' lated. Ordinarily these matters were kid before the se

by the magistrates, and that body instructed the pri
religious authorities to make investigations, on which
propriate action could be based. This action consii
in the case of prodigia, in the removal of the caus
offense, in making offerings, and appointing festivals,
senate, by its control of appropriations, also exercised s
authority even over the ordinary management of reli^
affairs.

280. Control of Public Finances. It has been well
that the control of public finances under the republic
an administrative rather than a constitutional ques
The right which the chief-magistrate originally hac
receive and to pay out public moneys passed over in
to the senate; in large measure because the magis
often voluntarily referred such matters to it, for the

' of getting its advice and moral support. In short,

same influences (cf. pp. 67 f.) which helped the senai

POWERS OF THE SENATE 235

encroach on the traditional prerogative of the magistrate
in other matters were at work in this case also. A magis-
trate with a brief tenure of office could not maintain his
power over against a permanent assembly, whose members
held their position for life. In the case of the finances the
encroachment of the senate was encouraged by two special
facts. At a comparatively early date the supervision of the
treasury was taken from the consul and given to an inferior
official, the quaestor (p. 207), whose position made him
even more amenable to the senate than the consul might
have been. Furthermore, a large share of the consul's
financial business was transferred to the censor (p. 194)
after the middle of the fifth century. Notwithstanding
these changes, the consul still retained some freedom of
action, inasmuch as appropriations were made not in an
itemized form, but in lump sums, and the magistrate was
not required to give the senate*an itemized account of the
receipts of the treasury. In other words, the control which
the senate had over the finances of the state was far less
complete and definite than that exercised by a modem
parliament. The senate appropriated money for the army, Liv. 24.
for the public games, and for the construction and main- J2. 12.^^
tenance of public works. It authorized the imposition of
the tributum, and fixed the tribute to be paid by the Uv. 23.
provinces. The control of state land was always in dispute cic.' de (
between the senate and the popular assemblies, and the 3- 87-
influence of the latter varied according to the democratic
or oligarchic tendency of the times.

281. Concluding Treaties, Declaring and Carrying on
War. The ultimate right to declare war and to conclude a
treaty of peace rested with the people. In practice, how- Poiyb. 6.
ever, both questions were really settled by the senate. In ^ ^ "^
the first place, a consul would never take the responsibility

236 REPUBLICAN PERIOD; DESCRIPTIVE I

of bringing such important matters before the comiik Ifa
without previously consulting the senate (cf. pp. 176 f.). t^s
In the second place, the senate actually conducted all the Isie
Av. 8. 2 ; diplomatic negotiations which resulted in a treaty or a k ii

i« 6 * 21 of * I

6. 27. 7; ' declaration of war. These negotiations were usually carried Iniw

45- 5-6. Qj^^ jj^ ^Yie one case, between the senate and ambassadois fet

representing the power concerned, in the other case, wm

between a senatorial commission and the government oflm:

-iv. 9. 5. 1 ; the people concerned. Only when a definite conclusion fe

I 17 A.' I' "

7- 55- 1-3- ^^^ been reached was the result submitted to the people te

for action. * In the early period, when wars were carried 1 1

on near Rome, the senate exercised a great influence over fci

their conduct. When, in the later period, the scene of I ^

war was farther removed, the detailed con^trol of a cam- In

paign by it was, of course, impossible. However, com- p

:ic. ad Fam. manding generals still deferred to. its wishes, and reports of p

military movements were regularly sent to it. The senate It

found an effective means of controlling generals in the field I:

in the fact that with it rested the right to appropriate I

.iv. 23. 21. money for a campaign, to provide reinforcements, and to 1

o fV; ^"^ ^^ grant a triumph or a supplicatio in case of a success. 1

:ic. ad Fam. 282. Administration of Italy. Every extension of 1

5" 4* ^3*

Roman citizenship required the consent of the people,
so that in founding a Roman colony a lex was necessary.
A Latin colony, however, could be established by virtue
of a senatus consultuvty which could also determine the
jv. 6. 16. 6. number of colonists, and the amount of land to be assigned
to each of them (cf. pp. 59 f.). The general control of affairs
in Italy was divided between the consul and the senate.
The consul was charged with the protection of Italy from
incursions, and the maintenance of peace within its borders
(cf. pp. 179 f.). It was the duty of the senate to guard the
interests of the central government, and to provide for the

POWERS OF THE SENATE 237

ministration of justice in certain cases. To cope with
ses of treason, conspiracy, riot, or insurrection, a magis- Liv. 9. 16.
ite with the imperium was sent by the senate to conduct jo. i.' 3.
L investigation and inflict punishment. Epidemics of
ime, which the local authorities did not seem able to Liv. 39. 41
>ntrol, were dealt with in the same way. When two
>mmimities fell into a dispute the senate appointed a Liv. 45. 13
)mmission from its own number with power to settle the cic. ad Ati
fficulty. Communities which seemed to have failed in 4- 15- 5-
leir duties to Rome were required to send representatives Liv. 27. 38
> the city to explain the situation. If their explanations ^"^^ ' ^^' ^'
ere not satisfactory, the towns in question were punished.

283, The Senate and the Provinces. The important
irt which the senate played in the organization of a
•ovince has been considered in another connection (pp.
) ff.), but its control had by no means come to an end,
len the provincial charter had been drawn up. Usually

the beginning of the year it decided which provinces Liv. 24.43.
ould be consular, and which praetorian. Thereupon the 26! 28.^^ ff
►nsuls and praetors cast lots for their respective provinces, 42- 10. u 1

came to a friendly agreement on the subject. Some- 42. 31. i?
nes the decision was made after the election, but before
e end of the year. The lex Sempronia de provindis of Cic. de Pr<
J 3 effected an important change in this arrangement by salL^iug.
quiring the senate to designate the consular provinces 27.3-4-
ifore the election of the consuls to whom they would be
signed. This prevented it from favoring political friends

punishing poHtical opponents. The .praetorian provinces
2re still designated after the elections had been held,
lie lex Cornelia of 8 1 definitely instituted the promagis-
rial system for the provinces (cf. p. 105), but made no
iportant changfe in the part which the senate played in
e appointment of provincial governors. The lex Fompeia Dio, 40. 56

238

REPUBLICAN PERIOD: DESCRIPTIVE

^' 33' 43-
Bf.;

ill. lug.
•5

V. 27. 4.

ff.;

b 10. 4 if. ;

. II. i4ff.;

U54.

V. 30. 21.

; 37. 1- 6

deprovindis of the year 52, which provided that an interval
of five years should elapse between the time when one held
the consulship or praetorship at Rome and took the gov-
ernment of a province, also directed that the designation of
the provinces as consular or praetorian in a given case
should be made just before the governors went out to their j
provinces, that is, about four years after their term of office
in Rome had come to an end. After the allotments had
been made, senatus consulta de provinciis omandis were
passed, assigning troops and appropriating money for the
several provinces. Complaints made by the inhabitants of
a province were addressed to the senate, and, although it
rarely interfered in the management of a province, when
it did consider favorably a provincial appeal, its action
prevailed over the edict of the governor.

284. The Senate and Foreign Affairs. The conclusion
of a treaty with a people which had been at war with Rome
required, as we have seen (p. 235), the sanctipn of the
people, but the senate on its own motion was competent
to enter into a friendly alliance with a foreign nation in the
name of the Roman people, to assume the protectorate
of a territory, or to confer the title of king or friend of the
Roman people on a foreign potentate. To it also foreign
nations addressed their complaints against Rome or Roman
officials. Similarly, demands or requests addressed to foreign
countries were sent by the senate. Embassies from hostile
or friendly nations came to it. The representatives of
friendly powers were, received into the city and entertained
at public expense. If the senate wished to hear the state-
ments of an embassy from a hostile people, a meeting was
held outside the city; otherwise the ambassadors were
ordered to leave Italy at once. On the day when the mem-
bers of a friendly embassy were to be heard by the senate

^v-

^ POWERS OF THE SENATE 239

^ _ 'toey were taken to the Graecostasis^ a structure near the Varro, ]

^uria, set apart for ambassadors, and later conducted into liv. 26.

. _ ^e senate by the magistrate, and allowed to make a state- ^°' ^^' \

_ ^Maent in the Latin language. After a certain date the use val. Ma

2t 2. "t,

of Greek was permissible. Then they were questioned by
members of the senate, retired during its deliberations, but
returned to hear the decision which had been reached. In
some cases the senate appointed a committee to confer
^th the ambassadors and to make a report to it. The
Sending of embassies to foreign states was authorized by Liv. 34.
the senate, and all the members, usually three in number,
of such embassies were senators. Two circumstances in
particular robbed the senate in the first century of its influ-
ence in foreign affairs. In the first place, almost all the
peoples with whom the Romans had in the early period
Carried on diplomatic relations were now subject to Rome,
and were therefore governed by Roman officials. In the
Second place, campaigns were carried on at such a dis-
tance from Rome that it was usually impracticable for the
senate to dictate the terms of a treaty, and commanding
officers found it easy to carry on the negotiations with-
out paying it much attention. Furthermore, the extraor-
dinary powers which were grahted to generals in the field,
as to Sulla, Pompey, and Caesar, or the powers which
circumstances allowed them to assume, contributed to the
same result.

285. Measures of Public Safety. In another connec-
tion (pp. 181 f.) reference has been made to the various
extraordinary measures which the senate took at moments
of great public danger. These measures included the
declaration of a tumultus or a iustiiium, the appointment
of a dictator, and the passage of the senatus consultum
ultimum.

"He

2111

240 REPUBLICAN PERIOD: DESCRIPTIVE

286. The Tumultus and lustitium. The dictator could,
iv. 3. 27. 2. declare a tumultus or a iustitium without waiting for any

action on the part of the senate, but if a dictator was not!
iv. 10. 21.3; in office, the declaration was made by the senate. WhenB^^
ic. Phil. 8. 3. a tumultus had been proclaimed, the city was occupied with 1^
iv. 3. 5. 4; troops, the citizens put on the sagum, and all exemptions »

ic Phil

^. I. ' from military service were canceled. The declaration of
a iustitium involved the suspension of all business not
required by the exigencies of the case. After the period
of the Gracchi, both these measures were taken to supple-
ment the senatus consultum ultimum^ but only when a
citizen had put himself at the head of an armed force,
and had been declared an hostis rei puhlicae.

287. Appointment of a Dictator and Passage of the
Senatus Consultum Ultimum. A dictator was named by 1 14
the consul, at the bidding of the senate, when the integ- jo
rity of the commonwealth was threatened by wars without, |tri
or by disorders within the confines of the state (cf. p. 181).
A dictator was appointed for the last time in 202. Three |i:
facts explain the disappearance of the office. It had been |^
used as a weapon by the patricians in their struggle with

iv. the plebeians, but the assumption by the people in the year

'' ^ * 2 1 7 of the right to pass the enabling act took the office out
of the hands of the senate and made it useless to it. In the
second place, the dictatorship had been gradually stripped
of the exceptional powers which differentiated it from the
consulship (cf. p. 183). Furthermore, during the first
seventy years of the second century, no critical situation
developed in Italy, and the ascendency of the senate was
unquestioned, so that it felt no need of passing exceptional
measures. But the agitations of the Gracchi arrayed the
-/ democracy against the nobilitaSj and the senate cast about

for means to hold the opposition in check. Now the

POWERS OF THE SENATE 24 1

appointment of a dictator meant the investiture of an
extraordinary magistrate with extraordinary powers, but
the right to make such an appointment was no longer
the exclusive prerogative of the senate. The same object
could be attained, however, by conferring extraordinary
powers on a regular magistrate. This step it took in 132 by
granting to the consuls of that year the right to judge and Plut. xi.
condemn to death those found guilty of taking part in the vai.^Mw
revolutionary proceedings of Tiberius Gracchus. This led 4- 7- 1.
to the passage of the Sempronian law in 123 (cf. p. 98),
which forbade the execution of any citizen until he had
been heard by the people. Two years later, however, the
senate voted uti L, Opimius consul rem publicatn defenderet^ Ck. Phil
and, under the authority of this action, the consul attacked ' **
the Gracchan party, which had seized the Aventine hill
and killed C. Gracchus and several of his followers. In
the year 100, during the agitation 'of the tribune Saturninus
(cf. p. 100), the consuls, with the help of the tribunes
and praetors, were directed to see to it ut imperium populi Ck. pro
jRomani maiestasque conservaretur. Somewhat similar action P®^ • ^***
was taken in the years 88, 83, 77, 63, 62, 52, 49, 48, 47,
and 43. The special power exercised by the magistrate
under this decree of the senate was that of putting citizens
to death without granting them the privilege of appealing
to the people. This proceeding was, of course, in direct
contravention of the lex Sempronia of the year 123, and
the popular party never recognized the constitutionality of
it. The modification which Cicero introduced in the plan
followed by earlier magistrates, of asking for a specific vote
by the senate on the disposition of the accused persons,
does not make his course more or less constitutional than
that of his predecessors ; for if the senate was competent to
act as a court of last resort, and to condemn citizens to

242 REPUBLICAN PERIOD: DESCRIPTIVE

death, it was competent to empower the consuls to impose
the death penalty through the s, c, uitimum, and specific
action was unnecessary. If it was not competent in the
first instance, it could not itself impose the penalty. The
whole question of the fconstitutionality of the s, c. ultimum is
a matter of high dispute. In point of fact, the question
seems to bring into conflict two irreconcilable theories of
government, each of which prevailed to a greater or less
degree at different periods. The senate maintained, as
, de Legg. Cicero put it, salus populi suprema lex est, . Furthermore,
it claimed to have the right to decide when the safety of
the state required the assumption on its part of extra-con-
stitutional powers, and it claimed to be the ultimate deposi-
tary of supreme power. The first one of these propositions
will scarcely be questioned. Various historical considera-
tions support the senate's contention on the other two
points. As we have seen i(p. lo), when the chief-magistracy
became vacant through death or otherwise, the sovereignty
returned to the paires. Furthermore, up to the year 217,
the senate exercised not infrequently the right to decide
when the public safety required the suspension of the consti-
tutional rights of the citizens, and in accordance with its
judgment instructed the consul to appoint a dictator. Its
failure to exercise that power for the next century or more
did not imply the loss of it. Opposed to this view of the
situation, on which the senate could rest its claim, was the
democratic theory that the will of the people is the law of
the land, and the successive achievements of the popular
party mark the advance made from time to time in forcing
the acceptance of that theory. The full recognition of
it, with a somewhat narrow interpretation of the word
"people" (cf. p. 51), was secured in 287. The failure of
the people to make full use of their power does not imply an

POWERS OF THE SENATE 243

tndonment of the principle. Indeed, the fact was freely
lognized that a decree of the senate could not stand
linst the action of the popular assembly (cf. p. 233).
le position of the popular party was, therefore, a strong
e when it maintained that no senatus consultum could
spend the action of the lex Sempronia de provocatione.
!.€ special plea which was made on certain occasions by Ck. in Cat.
e advocates of the senatorial prerogative, that the indi- ^ ^°*
iuals concerned had become enemies of the state and,
erefore, had forfeited the rights of citizenship, is a piece
sophistry, because to concede to the senate the right on
5 own authority of declaring that a citizen who had not
)enly taken up arms against the government was an hostis
ipublicae was to grant it indirectly the power of suspend-
g the action of a lex. The question is, therefore, like the
d problem of free will and necessity, and it will probably
J decided by different students according to the theory
' ideal -government held by each of them. In this con-
jction we may mention the action of the senate declaring
at certain individuals were acting, or would act in a given Cic. ad Att.
■se, contra rem publicam. Such a motion on the part of 2! 24] 3 ; '
e senate, usually directed against magistrates, often pre- g^g^^?'
ded the passage of a s, c. ultimum, and indicated the Caes. b. c.
tention of the senate to pass that measure, if the persons
ncemed persisted in the course which they had taken.

Selected Bibliography^

Composition of the senate and senatorial piiyileges : Willems, Le
nat de la r^publique romaine, Vol. I, Louvain, 1883 ; Th. Momm-
1, Romische Forschungen, I.^ 218-284; G. Bloch, Les origines
senat romain, Paris, 1883 ; Fr. Hofmann, Der rom. Senat zur
it der Republik, Berlin, 1847 ; Lange, De plebiscitis Ovinio et Atinio

^ See also pp. 22, 173, 219.

244 REPUBLICAN PERIOD: DESCRIPTIVE

disputatio, Leipzig, 1878 ; Monro, On the pedarii, Joam. of Fl
IV. (1872) 1 1 3-1 1 9. — Meetings of the senate : C. Bardt, Die Sen:
sitzungstage der spateren Republik (in Hermes, VII. 14 ff.) ; i
lex Caecilia Didia (ibid, IX. 305 ft.) ; Lange, Die lex Pupia
Rhein. Mus. (N. F.), XXIX. 321-336, and XXX. 350-397) ; Lanci;
L'aula e gli uffici del senato romano '(Mem. dell' Accad. dei lin
XI) ; Mispoulet, La vie parlementaire k Rome sous la republk
Paris, 1899; B. Pick, De senatus consultis Romanorum, Par
Berlin, 1884; Hiibner, De senatus populique actis, Leipzig, 18
Willems, Vol. II. — Powers of the senate : H. Genz, Das p
zische Rom, Berlin, 1878 ; Soltau, Altromische Volksversammluc
(109-226), Berlin, 1880 ; Nissen, Das lustitium, Leipzig, i!
Willems, Vol. II.

Supplementary Literature, 1901-1910

Barbagallo, Una misura eccezionale dei Romani : II senatus

sultum ultimum. Rome, 1900.
Delaunay, Les relations des magistrals et du senat sous la i

blique. Rennes, 1896.
P. Willems et J. Willems, Le senat romain en 65 de notre

Louvain, 1902.
Sands, The Client Princes of the Roman Empire under the

public. Cambridge (England), 1906.

CHAPTER XI

TH£ PEOPLE

(a) Ciiiaeus and their Rights

288. How Citizenship could be Acquired. The rights
r citizenship could be acquired by birth, by naturaliza-
on, or by manumission. They belonged, therefore, to the
Sue of a legal marriage (iustutn matrimonium), contracted
^tween those who had the ius conubii. Before 445 the
rj- conubii was enjoyed by the patricians only, but in
xat year it was given to the plebeians also (cf. pp. 33 f ).
'oreigners could gain the rights of Roman citizenship only
ciirough action of the popular assembly, although, in the Liv. 4. 4. 7.
\Xtx years of the republic, generals in the field seem to CicproArd
lave usurped this prerogative of the people in a few cases. Baii»^%.
special facilities were granted to the Latins and the allies

n acquiring citizenship, as we shall presently see. The
brmal announcement of a slave's freedom by his master
xiade him a citizen. This announcement could be made
Ji the presence of a magistrate, or in a will, or the master
:ould confer freedom and citizenship on him at the same
time by having his name enrolled in the censor's list.

289. How it could be Lost. Roman citizenship implied
personal liberty. Consequently, any one who was captured
in war, turned over to the enemy, or sold into slavery, lost
it completely. This complete forfeiture of civic and family
rights, as well as of freedom, was known as the capitis
ietninutio maxima. Captives who returned to the city

245

246 REPUBLICAN PERIOD: DESCRIPTIVE

could regain their rights. The capitis deminutio media i
plied the loss of all civic and family rights, but not of persoi
liberty. Those who had betome citizens in another sta
who had gone into voluntary exile, or had been banisb
suffered this penalty. Capitis deminutio minima took pt
in case of adoption. The adopted person lost the fan
rights which he had formeriy enjoyed, but he acquired
rights of the family into which he was adopted.

290. Three Classes of Freemen. There were tl:
classes of freemen under the republic : (I) those who
the lull right of Roman citizenship ; (II) those who enjo
it only in part or when they had conformed to cei
conditions ; and (III) those who in their own persons
no rights before the law.

291. Equalization of the Rights. Qf Citizenship. U
the monarchy patricians alone had the full rights of R(
citizenship. What these rights were, and what the poJ
of the plebeians was, we have already had occasion to r
(pp. 17 f.). The remodeling of the army by S(
Tullius (p. 20), and the development of the new oi
zation into a political body under the republic (pp.
brought important civil and political rights to the pleb
Henceforth they participated in the meetings of the c
riate comitia for the enactment of laws and the elect:
magistrates. The lex Valeria allowed them to app<
the popular assembly in case the death penalty had
imposed by a magistrate (p. 27). The establishme
the tribunate in 494 gave them greater protection a
patrician magistrates (p. 28), and at the same time se
to them a political institution in which the patrician
no part. By the lex Canuleia of 445 they gained tl
conubii between themselves and the patricians. The
ical agitation of the fourth century secured them adm

RIGHTS OF CITIZENS 247

t:o the magistracies and to certain priesthoods. The pas-
sage of the Valerio-Horatian, Publilian, and Hortensian
laws technically freed the popular assemblies, and in par-
ticular the plebeian tribal assembly, from the control of
tilie patrician element in the senate (pp. 49 f.).

(I) Content of the Civitas Romana. Henceforth citizen-
ship meant practically the same for patricians and plebeians.
It included the iura commercii^ conubii^ provocationisy legis
€zctionis, suffragiiy and the tus honorum. The privileges
x-etained by the patrician consisted in the right to hold the
priestly offices oi flamen and of rex sacrorum, and to be
one of Xhtfratres Arvales, Salii, and Luperci, to take part
in the passage of the auctoritas patrum^ to act as an interrex,
and to be a member of a gens^ and, consequently, of the
comitia curiata (cf., however, p. 252). On his side the
plebeian alone was eligible to the tribunate, and none but
plebeians could participate in the meetings of the concilium
plebis.

(n) Restricted Citizenship. i.Freedmen, A second class
of freemen enjoyed the rights of Roman citizenship only in
part, or when they had satisfied certain conditions. In this
category were the freedmen. They never gained the right
to sit in the senate, and, up to the time of Appius Claudius,
they were not enrolled in the tribes. The radical improve-
ment which he made in their position (cf. pp. 54 ff.) was
partly lost in the reaction of 304, which restricted them to
the four city tribes (cf. p. 56). Numerous attempts were Herz. I.
made by democratic leaders in the first century to secure
them admission to other tribes, but without permanent suc-
cess. The concession which was ultimately made to them
with reference to admission to the senate has been noted
in another connection. They had the ius comtnercii and
technically the ius conubii.

(

248 REPUBLICAN PERIOD: DESCRIPTIVE

As we have already seen, certain offenses, or a reprehen-
sible mode of living, might take from a citizen his right to a
vote, or might deprive him of its full value, and the magis-
trate presiding at an election could refuse to consider the |
claims of an objectionable candidate (p. 169). This, of
course, amounted to a loss of the ius suffragii or the m
honorunty as the case might be. It^

2. Latinu Under Xhefoedus Cassianuniy which tradition ff

assigns to the year 493, the members of the Latin league

enjoyed the ius commercii, and probably also the ius com-

bii. The war of 338 broke the power of the league and

enabled Rome to make with each one of its members

(cf. p. 5 7) separate arrangements, in all of which the ius

t R. III. cotntnercii was seriously restricted. From that time the

21 f. *

[erz/i. rights of these communities depended entirely on their

Sdv.i. 58f. treaties with Rome and differed in different cases. The

Latin colonies which the Romans began to found in the

fourth century held nearly the same relation to Rome as

the communities just mentioned, and a statement of the

rights which the settlers in these colonies enjoyed will

apply also to the members of the Latin communities allied

with Rome. They had the ius commercii and perhaps the

is. 25. 3. 16. ius conubiu In Rome they were allowed to vote in a tribe

determined by lot. Furthermore, a Latin could exercise

iv. 41. 8. 9. the rights of Roman citizenship in Rome, provided he had

left a son at home. In the colonies founded after 268 this

.ppian, B. c. privilege was restricted to those who had held a magistracy

ic. pro 3.nd, from the year mentioned, the ius conubii was no longer

aec. 102. given to new colonies. The civitas Rotnana was probably

granted to all communities in Latium in the early part of

the second century, and, as a result of the Social war, all

cities in Italy of the class under consideration acquired the

rights of Roman citizenship (cf. pp. loi f.).

POLITICAL DIVISIONS 249

3. Gives sine suffragio. About 353 the Romans estab- Liv. 7. 20. 8;

aed, in the case of Caere in Etruria, the first of a new ® ' ^ '^^'^

Lss of communities known as municipia sine suffragio*

le people in these communities had the private rights of

Dman citizens, but they could not be enrolled in a tribe,

.d, therefore, could not vote. The lex lulia and the lex

lautia Papiria of 90-89 did away with all communities

this class in Italy.

(Ill) Peregrini, etc. In the eyes of the law every free-
an who was not a Roman citizen was z.peregrinus. Strictly
leaking, therefore, those who had only the ius Latii came
ider this head, but the term peregrini was commonly
iplied to the citizens of independent states or of depend-
it communities which did not have the rights of Roman
tizenship in whole or in part. Such a freeman, when at
Dme, secured protection either through a treaty made by Will. Dr.
5 state with Rome, through the offices of ^<t praetor pere- etc. Div. in
Hnus^ who administered the ius gentium^ or by an hospitium ^^^' ^^'
Hvatutn arranged with a Roman citizen, who was thus put
ider moral obligation to protect him to the extent of his
)wer. Furthermore, women, minors, and those of unsound
ind had no political rights, and secured their civil rights
ily through the kindly offices of a representative who was a
tizen. Slaves were regarded simply as chattels, for whom
eir masters were responsible.

(W Divisions of the People for Political Purposes

292. The Curiae. The division of the people under the
onarchy into curiae, tribes, classes, and centuries has
ready been considered (cf. pp. 18, 20-21). The curiae
sre in their origin local subdivisions for political purposes,
lie local character of their origin seems to be indicated by

250 REPUBLICAN PERIOD: DESCRIPTIVE

such names as Foriensis and Veliensis. Membership in aw ^-.
curia was handed down from father to son without regai^l^.
to change of residence.

293. The Tribes. We have akeady had occasion to
notice (pp. 5 f., 21) that the term tribus has two, perhapsB ,
three, different meanings. The four Servian tribes were-B
Suburana, Esquilina, Collina, and Palatina. The seventeen
tribes added in the early years of the republic (cf. p. 27)
were Aemilia, Camilia, Claudia, Cornelia, Crustumina, Fabia,
Galeria, Horatia, Lemonia, Menenia, Papiria, PoUia, Pupinia,!
Romilia, Sergia, Voltinia, and Voturia. All of these names f

with the exception of Crustumina, which is of local origin,
are the names of patrician clans. To this number four new
tribes (Amensis, Sabatina, Stellatina, and Tromentina) were - ,
added in 387, two (Pomptina and Popliha) in 358, two
(Maecia and Scaptia) in 332, two (Falema and Oufentina)
in 318, two (Aniensis and Teretina) in 300, and two (Qui-
rina and Velina) in 241. The number never passed beyond
this maximum of thirty-five. That no additions were made
subsequent to 241 is probably due to the fact that about
this time the tribal organization was adopted as the basis of
the reformed centuriate assembly (cf. p. 74). After the date
mentioned, newly made citizens were apportioned among
the old tribes. The importance of the tribe as a political
unit depended, of course, on the fact that the three great
popular assemblies were based on it. Membership in a
tribe was the mark of citizenship, and was indicated in the
legal name, e.g., C*. Lucilius C. f, Pup{inia tribu) Hirrus.
We have already considered (pp. 247 f.) the restrictions laid
upon certain classes of citizens with reference to their tribal 1
relations. Membership was determined at first by residence I J^
or the ownership of land. A (^hange of residence did not \
entail a change of tribe, but a citizen could pass into a new |

POPULAR ASSEMBLIES 25 I

tribe in case he settled in a colony, or he could be assigned
to a new tribe by the censors. Mention is made of two
classes of tribal officials under the republic, the curatores
tribuum and the tribuni aerarii^ but their functions are
obscure. Perhaps the former had to do with the elections
and the census. Possibly the office of tribuni aerarii was
estabUshed when Rome began to raise the tribututn. At all
events, for some time these officials seem to have been finan-
' cial officers representing the several tribes. After the tribu-
turn was given up, their position was one of honcw only.

294. The Classes and Centuries. The basis on which the
people were divided into classes and centuries has already
been touched on (cf. pp. 20 f., 54 f., 74 f.),and will be con-
sidered further when we come to discuss the centuriate
cotnitia, A new assignment was made by each college of
censors.

(6) Popular Assemblies

295. Comitia. There were three classes of popular
assemblies among the Romans, viz., comitia, concilia^ and
contiones, Comitia were assemblies of all the citizens, />.,
of the populus Romanus, called for the purpose of taking
action on matters submitted to them by duly authorized
officials. There were three of these assemblies, the comitia
curiata, centuriata, and tributa, and they came into exist-
ence in the order indicated.

296. Concilia. Concilia, in the political sense of the
word, were formal assemblies of a part of the people. Thus a
concilium plebis was a legislative or electoral assembly of the
plebeians. The distinction between comitia and concilium
has been well indicated by Laelius Felix (Gell. N. A. XV.
27. 4) : is qui non univerfum populum, sed partem aliquam
adesse iubet, non " comitia,^ sed " concilium " edicere iubet.

252 REPUBLICAN PERIOD: DESCRIPTIVE I

297. Contiones. Contiones differed from comitia and|W
concilia mainly in three particulars. The people camel^
together as individuals, and not as members of certain IF^
political organizations, like the curia^ century, or tribe p

^B 1

Hence a strict test of citizenship was not applied. In the w^
second place, these gatherings were solely for the purpose I®
of receiving communications, and no action could be taken. |«
Finally, private citizens, with the consent of the presiding IF
magistrate, could address the assembly. Contiones resem- 1
bled the comitia and the concilia in that they could belt
called by magistrates only, and that the procedure in them r
was directed by the presiding magistrate. A contio was |>
usually held before the comitia or concilium met, to hear a I
statement and a discussion of the questions which were to I
be acted on later in the more formal body. They were not I
a necessary part of the machinery of state, but they exerted
an important political influence, especially since political
meetings could not be called by private individuals.

(d) The Comiiia Curiata

298. Admission of Plebeians. The organization and
functions of the comitia curiata under the monarchy have
been considered in another part of this book (cf. pp. 19 f.).

)t. R. III. Whether the plebeians were admitted is a matter of great
?erz.i.ioi4; doubt. The Statements of ancient writers, the fact that
;viil. Dr. plebeians were eligible to the office of curio maximus and
Joltau, 67 f , took part in certain curial religious rites, seem to indicate

that they were admitted to the curiate assembly. They
^11. Dr. probably did not gain the right to vote, however, until

midway in the republican period.

299. Formalities attending a Meeting. After the passage
of the lex Caecilia Didia (p. 100), announcement probably

;i, nn. i, 2.

THE COMITIA CENTURIATA 253

id to be made seventeen days before the assembly met.
le ordinary place of meeting was the cotnitium. The Varro, L. :
residing officer, when the lex curiata de imperio was pre-
^^nted for action, was a magistrate. On other occasions
"tiie pontifex tnaximus presided. Formal actions of the
^-ssembly did not become valid until they had received the
^atrum auctoritas. The importance of this body disap- Cic. de Re
X^eared to such an extent that in the later years of the lSv. 6.^41.
x-epublic the curiae were at times represented by thirty Cic. de Lei
Victors and three augurs. The semi-political functions ^' ' ^ '
^which the curiate comitia had exercised under the mon-
archy (pp. 14, 19 f.) fell to the centuriate assembly, and the
older body kept its jurisdiction over clan affairs only.

(^) The Comiiia Centuriata

300. Composition of the Comitia Centuriata. The compo-
sition of the centuriate comiiia has already been sufficiently
described (pp. 20 f., 74 f.). In 88 B.C. Sulla restored the Appian, B
Servian organization of the assembly, but the reformed * ^^'
system was speedily reinstated again.

301. Presiding Officer. The centuriate comitia was in
its origin a military body. It could, therefore, be called
together only by magistrates who had the imperium, or by Varro, L.
lower officials commissioned or allowed by higher magis- * ' " -
trates to issue a summons. The right which the censor
exercised to call a meeting of the people by centuries in
taking the census was only an apparent exception to this
principle. No vote was taken in the assembly called by

him, so that the meeting was not properly a meeting of
the comitia centuriata. When the assembly met to elect
consuls, censors, or praetors, of the regular magistrates only
the consul could preside (p. 176).

A. —

■^1

■r

254 REPUBLICAN PERIOD: DESCRIPTIVE

302. Dies Comitiales. The days on which the assembly li^
could meet {dies comitiales) numbered one hundred and Iras

. L. I. ninety in the early imperial period, and were indicated in |iM:
r. L. i. t^^ calendar by the letter C, Assemblies could not be held
9- on holidays {dies nefasti)f nor on days set apart for meet- Iki

L 15.27. 5. ings of the courts {dies fasti). The regular place of meeting |i^
was the Campus Martins. |sss

303. Announcement of Meetings. After the passage of
the lex Caecilia Didia (p. 100), announcement had to be lie
made for a period of seventeen days before the date of |»*
the proposed meeting. The announcement took the form
of a magisterial edict giving the date and purpose of the
meeting. This edict included the text of the proposed
bill, the list of candidates, or the names of persons accused,
with a statement of the charges made against them, accord-
ing as the comitia met as a legislative, electoral, or judicial
assembly.

304. The Auspices. Shortly after midnight on the day
of the proposed meeting the prospective presiding officer,

. I. 36. 6; accompanied by an augur, took the auspices. If the inter-
[?'6 * .' pretation of them by the augur was unfavorable, the meet-
• ^® ^®Sg- ing was postponed to another day. Even if the auspices
were favorable, two religious difficulties might lead to a
postponement, viz., the announcement of another magis-
trate that he had seen unfavorable omens, or the occur-
rence of dirae at the time of the meeting. The plan which
the Romans finally adopted in dealing with cases of this
sort, and the responsibility of the presiding magistrate, have
already been considered (cf. pp. 158-160).

305. Other Formalities. In case he found no obstacles
in the way of holding the meeting, on the spot where he
had taken the auspices, the magistrate, through an assistant,
proceeded to summon the citizens to a meeting {vocare

THE COMITIA CENTJRIATA 255

tnliciutn Quirites), The summons was repeated by a Varro, l.
trumpeter on the walls and on the Arx, and a red flag was ^ qz^e, \
raised on the Arx. Immediately before the holding of Liv.39.15
the comitia, a contio was called at which the magistrate who Varro, L.
liad summoned the comitia presided. After a sacrifice 5! 94.' '
liad been made, and prayer had been offered, the busi- Liv. 39 i «
ness to come before the comitia was stated and discussed Mur.^i?
(cf. p. 252). After the contio the magistrate summoned
the people to assemble by centuries in the comitia with the
words impero qua convenit ad comitia centuriata. There-
upon those who did not have the right to' vote retired, and Liv. 2. 56
the citizens arranged themselves in centuries under their
respective centuriones,

306. Method of Voting. Before the reform of 241 the
eighteen centuries of knights voted first, all the centuries
voting simultaneously, and the result of their vote was
announced ; then canje the centuries of the first and of the Uv. i. 43
second class, and so on, until a majority of the centuries
had voted in favor of a certain proposition. In point of
fact the knights and the pedites of the first class usually
voted in the same way. If that proved to be the case, it
was not necessary to continue voting after the centuries of
the first class had cast their ballots, as their eighty centuries
with the eighteen equestrian centuries constituted a majorityv, \
of the assembly. Under the reform legislation of 241 the / \
knights lost their privilege of voting first. The order of ;
the classes was still observed, however, and a century was
chosen by lot {centuria praerogativa) from the first class, liv. 24. 7.
whose privilege it was to vote and have its vote announced ct. pill.
before the ballots of the other centuries were cast. A large ^ '^^•
enclosure, called the sciepta or ovile^ was set apart for the Hjerz. i.
voters, with small sections for the members of each century, "inge" li
and as the voters went out of these enclosures through the 4^^; \

2S6 REPUBLICA]^ PERIOD: DESCRIPTIVE

narrow passages {pontes) ^ they cast their ballots. During poi
the early republican period, citizens gave their votes viva
voce, but after the passage of the leges tabellariae (cf. p. 71),
toward the end of the second century, balloting was secret
At legislative meetings each voter received an affirmative
c. adAtt. ballot bearing the letters U. R, (i.e., uti rogas), and a

L^^g' ,g negative ballot marked A. (i.e., antiquo). At meetings
ut. Cat. elect magistrates each voter received a blank tabella, on |as
'"■ ^ ' which he wrote the name of the candidate of his choice.

When the comitia met as a judicial assembly, he received
two tablets, one marked Z. (i.e., libero) and the other D. |iei
(i.e., damno). The proper ballot was placed by the voter
c. in Pis. 36. in the cista, which was guarded by the rogatores or diriU-
tores. A majority of the votes in the century determined
the vote of the century, and a majority of the centuries
decided the vote of the whole assembly. Announcement
IX Malaci- of the result (renuntiatio) was made by the presiding officer,
' ' ^'' who had a certam amount of discretionary power in the
case of the elections. It was necessary for the comitia to
adjourn before sunset.

307. The Centuriate Comitia as an Electoral Body. The
centuriate comitia met for three different purposes, viz., to
elect the higher magistrates, to enact laws, and to hear
appeals in cases involving the death penalty. Of the reg-
ular magistrates, it chose the consuls, the censors, and the
praetors; of the extraordinary magistrates, the decemviri
legibus scribundis and the consular tribunes. At the outset
it probably had the right only to accept or reject a nomi-
nation made by the presiding officer, but, at a compara-
tively early period, it acquired the power of choosing
between several candidates, although the presiding magis-
trate could always exercise some discretion with reference
to the eligibility of the candidates (cf. pp. 169, 171).

THE COMITIA CENTURIATA 257

i^fore the passage of the lex Maenia in 287 (cf. p. 51) an
election needed the ratification of the patrician senators,
impressed in the patrum auctoritas. After that date the
^atrum auctoritas preceded the election and became a mere
xiatter of form.

308. The Centuriate Comitia as a Legislative Assembly,
^t the outset, in the field of legislation, the centuriate
comitia exercised only the right to declare an offensive war,
a right which was transferred to it from the curiate assem-
bly. Soon after the republic was established, however, it
acquired the power of legislating, under certain conditions,
on any subject (cf. p. 27). After 449 it shared this privi-
lege with the concilium plebis (cf. p. 32), and after 447
also with the patricio-plebeian tribal assembly (cf. p. 33).
The restrictions laid on both these bodies enabled it to
retain its supremacy, however, until 287. From that time
on, since they were as free as the centuriate comitia, or
freer than it, and since their method of procedure was
simpler than that of the centuriate comitia, their place of
meeting more convenient, and their composition more
democratic, the importance of the centuriate comitia de-
clined rapidly. No sure line of distinction can be drawn
between the legislation which the centuriate comitia could
enact and that which the two tribal assemblies could pass,
except that the centuriate assembly retained its exclusive
right to declare an offensive war, and to pass an act,
modeled on the lex de imperio of the curiate assembly,
conferring plenary power on the censor, an act known as
the lex de potestate censoria. The ordinary method of pro-
cedure in securing the passage of a lex in the centuriate
comitia was as follows : the consul laid a subject before
the senate for consideration ; its action, if not vetoed, was
known as a senatus consultum, and took the form of advice,

258 REPUBLICAN PERIOD: DESCRIPTIVE

or of a request that the magistrate should lay a certain ^^
proposition before the popular assembly for its favorable I"! ^
consideration. Announcement of the bill {jpromulgah w^
legis) had to be made by the magistrate seventeen daysl^^
before the assembly could vote on it. In this interval f^
probably the patrum auctoritas was secured. On the |'^
appointed day the bill was read and discussed in a contv)^
and the people voted on it immediately afterward in the f*
comitia. As we have already noticed (p. 177), the consul
was not required to consult the senate beforehand, nor
was he theoretically obliged to bring a proposition recom-
mended by the senate before the comitia^ or if he did |^
propose the measure, he could oppose its passage, but, for
reasons already given, magistrates rarely exercised these
constitutional rights.

309. The Centuriate Comitia as a Court of Appeal. The
right to inflict capital punishment was included under the
imperium, but, from an early period, citizens in the city
who were condemned to death by a magistrate were allowed
to appeal to the people. This privilege was extended and
confirmed by the lex Valeria^ the lex Valeria Horatia
iv. 10. 9. (p. 31), the leges Porciae^ and the lex Setnpronia. The
ic" pro Rab. appeal was heard by the centuriate comitia. The quaestors, .
ird. 12 ; J J y^^j perduellionisy or tribunes in charge of the matter,
1081 f. appointed a day (diem dicere) for the first hearing. This
was known as the prima accusatio. In this meeting the
iv.*3. II. 9; charge and defense were heard, and arrangements were
24.' 3. *' made for another hearing, known as the secunda accusatio^
ic^cie^Domo ^^^^ ^^ investigation, with the taking of testimony, was
continued. After the third contio (tertia accusatid) the
magistrate gave his decision, and announced the penalty,
upon which the accused, if he wished, could appeal to the
centuriate assembly. That assembly voted on the simple

THE COMITIA TRIBUTA 259

cj^uestion of guilt or innocence. It could not modify in
^Lny way the proposed sentence. After a date, which we
d^annot fix, the accused was allowed to go into voluntary
^xile at any time before the vote was taken in the comitia.
The two classes. of cases which were most commonly car-
ried before the centuriate assembly were those of murder
{J>arricidiutn) and treason {ferduellid). The proceedings
in non-political cases were usually conducted by the quaes-
tor, in political cases by the tribune, under the presidency
of the praetor. The establishment of quaestiones extraor-
dinariae took many cases out of the hands of the quaestor
and the centuriate assembly. The lex Sempronia of the
year 123 (p. 98) was intended to correct this practice,
and in some measure it restored the importance of the
comitia centuriata as a court of appeal. That body lost its
judicial functions entirely, however, after the establishment
by Sulla of a complete system of permanent courts. Crim-
inal trials were conducted in them in a simpler and more
satisfactory way, and since the severest penalty which they
imposed was that of banishment, there were no appeals to
be taken to the comitia centuriata,

(f) The Comitia Tributa

310. The Existence of a Patricio-Plebeian Tribal As-
sembly. No ancient historian mentions the establishment
of a tribal assembly including patricians as well as ple-
beians, nor is any distinction drawn between the comitia
tributa and the concilium plebis. In fact, in one case at Liv. 2. 5^
least, the plebeian tribal assembly is spoken of as the comitia
tributa. This state of things has led some modem scholars ,, , ,

° . Madv. I.

to maintain that there was only one tribal assembly, from ihne, Rht
whose meetings the patricians were excluded, an assembly 28. 367 f.

26o REPUBLICAN PERIOD: DESCRIPTIVE I

indifferently called die comitia tributa or the condlim 1^
plebis. However, the people meeting in the comitia tributa lf«
are designated by the term populus^ which in the republican l^o
^" period can properly be applied only to a body made up of |wb
all citizens, patricians as well as plebeians. Furthermore, w^
in a tribal assembly, presided over by a magistrate, as we liar
shall presently see, certain officials were elected to whom I \
the term magistratus in its technical sense (cf. pp. 151, b
171) was applied. Their election and the fact that a lb
magistrate presided presuppose an assembly containing jse
both patricians and plebeians. On the whole, then, the Ir
existence of a patricio-plebeian tribal assembly is highly lb
probable. The assembly came into existence in the middle Iq
of the fifth century (cf. p. 33), immediately after the organi- |e
zation of the plebeian tribal assembly. Ij

311. Composition. We have no direct evidence bearing 1.5
on the composition of the comitia tributa^ but it may be Iq
safely assumed that all patricians and plebeians belonging to I
the thirty-five tribes voted in the assembly. I

312. Meetings. The comitia tributa were presided over
by a magistrate. It was necessary to take the auspices
before a meeting was held. The usual place of meeting
was the forum. The method of voting was that followed
in the centuriate comitia. After the passage of the Hor-
tensian law the action of the assembly did not need the
patrum auctoritas to be valid.

313. The Comitia Tributa as an Electoral, Legislative,
and Judicial Body. When the quaestorship -became an
elective office its incumbents were chosen in this assembly
(p. 33), and this became the regular method of electing
them. Later the curule aediles were chosen in it, and in
fact all the lower magistrates, as well as the members of
certain special commissions (cf. pp. 204, 210, 216). The

THE CONCILIUM PLEBIS 26 1

'txibal comitia could legislate apparently on any subject, and,
^Ls we have already seen (p. 257), it is impossible to dis-
tinguish between the three popular assemblies with respect

t:o the character of the subjects on which they took action.

Certain judicial cases, conducted by the curule aedile, were

Ineard before it (cf. p. 206).

314. The Modified Comitia Tributa. A modified form of
the comitia tributa was adopted at an unknown date for the
choice of the pontifex maximus. Seventeen of the thirty-
five tribes were chosen by lot, and summoned to a meeting
for the election of this official from among the pontiffs.
The arrangement was a compromise. It gave a popular
character to the choice and yet retained in part the
religious principle of cooptation. In the same assembly,
and by a somewhat similar method, the pontifices, augures,
XVviriy and VII viri epulones were chosen after the passage
of the lex Dotnitia in 104 (cf. p. 107).

(^) The Concilium Plebis

315. Composition and Presiding Officer. We have had
occasion to notice the fact that the earliest plebeian, like the
patrician, assembly was probably organized on the curiate Will. Dr.
basis. The controlling influence which the patricians were '
able to exercise over this assembly through their clients

(p. 29) may well have led to the adoption of the tribal
system in 471. Only plebeians could vote in this new Liv.2.56.
body, and no change was ever made in this regulation. ^* '^ '
Down to 312 this privilege was enjoyed by plebeian land-
owners only. The right was extended to landless plebeians
in 312, but after the reaction of 304 they, as well as freed-
men, were restricted to the four city tribes (cf. pp. 54,
56, 247). The Latins had the right also to vote in one

262 REPUBLICAN PERIOD: DESCRIPTIVE

tribe determined by lot (cf. p, 248). The meetings of laik
this body were technically concilia plebis (cf. p. 251), and k
not comitia. Since the assembly was strictly plebeian, the j^
presiding officer was always a plebeian official — either a |ic:
tribune or an aedile.

316. Place and Time of Meeting. The authority of
the tribune did not extend beyond the pomoerium^ so that
the concilium plebis met within the city, usually in the |cl1
comitium, occasionally, however, on the Capitol. There
were no specified dies comitiales, as in the case of the
centuriate comitia (cf. p. 254). Meetings were commonly
held on market days, when large numbers of people were
likely to come into the city. The time and place and the
business which was to be taken up were announced some
days before the meeting was held. In fact, from a compara-
tively eariy period the practice grew up of announcing on
a market day a meeting to be held a trinum nundinumy or
seventeen days, later. On the first and second market
days, as well as on the market day when the voting took
place, there were usually contiones,

317. Auspices and Other Formalities. The lex Aelia
Fufia of the year 155 (cf. p. 160) seems to have subjected
the concilium plebis to the same religious regulations which
applied to the centuriate comitia. After its passage it was

mge, 11. necessary for the tribune to take the auspicia pullaria
^ ' before calling the assembly together, and the meeting was

liable to the same kind of interference on religious grounds

as the other popular assemblies.

Before iht concilium a contio met in the comitium oxforum^

and was addressed from the rostra by the presiding officer,

or by speakers whom he allowed to address the meeting.

318. Voting. At the close of the contio the people
assembled by tribes, for the purpose of voting, in sections

THE CONCILIUM PLEBIS 263

xnarked off for the reception of the several tribes. A lot
'^vas first cast to decide in which tribe the Latins were to
v-ote ; then one of the thirty-five tribes was chosen by lot
to cast its vote first (^principiutn)^ and as soon as its vote
'^^as announced the others voted simultaneously. The
rmethod of voting was the same as in the centuriate assem-
bly (cf. pp. 255 f.). The assembly was essentially a demo-
cratic body. Certain considerations, however, tended to
increase or diminish the value of an individual vote. The
larger the tribe was to which a citizen belonged, so much the
less influence his vote had. Now the four city tribes were
much larger than the country tribes created before 387, and
the tribes added after 387 were also larger than the early
country tribes, because of the additions which were made to
the list of citizens by conquest and by the grant of citizen-
ship. Those who belonged to the city tribes or to the new
rural tribes were, therefore, at a disadvantage when com-
pared with the members of the old rural tribes. One factor
tended to diminish still more the value of a vote in one of
the new country tribes, but to increase the importance of an
urban vote. It was easy for those who lived in the city to
attend a concilium^ but difficult for those at a distance.

319. The Concilium Plebis as an Electoral Body. The
concilium plebis was established primarily for the purpose
of electing the tribunes, and those officials were always
chosen by it. The plebeian aediles were chosen in the
same assembly. An interesting extension of the electoral
rights of the body was made during the Gracchan period
when commissioners were elected in the concilium plebis for
the division of state land. This precedent proved to be of
great importance later, since the Gabinian and Manilian
laws, which conferred extraordinary powers on Pompey,
were piassed in this body.

264 REPUBLICAN PERIOD: DESCRIPTIVE

320. As a Legislative Body. The combined effect of
the Valerio-Horatian law of 449, the Publilian of 339, and
the Hortensian of 287, was to make the concilium plehis^
independent legislative body (pp. 49 ff.). After 287 the
approval of the patrician element in the senate became
unnecessary, but the senate was still able to control legis-
lation in large measure (cf. pp. 65 ff.). The plebeian assem-
bly seems to have been competent in Cicero's time to legis-
late on any subject, except the declaration of an offensive
war, and such administrative questions as the assignment of
state land to individuals, the appointment of commissions,
and the prorogatio imperii^ were brought up in the tribal
assemblies, preferably in the concilium plebisy rather than in
the centuriate comitia. In the later period the plebeian
assembly even annulled contracts made by the censor and
in this way encroached on the rights of the magistrate and
the senate. Its enactments were called plebiscita. The
three laws just mentioned, however, gave such measures the
force of leges, so that the action of the assembly is not
infrequently termed lex plebeivescitum.

321. As a Judicial Body. The circumstances under
which the criminal jurisdiction of the tribune developed
have already been mentioned (pp 199 f.). One class of
cases, however, deserves special notice. The lex Atemia
Tarpeia of 454 would seem to have conferred on all magis-
trates the right of imposing a fine not to exceed two sheep
and thirty oxen, or, according to the money valuation of a
later day, 3020 asses. An appeal taken from the decision
of a magistrate was carried to the comitia tributay but an
appeal from a fine imposed by a tribune or a plebeian aedile
was heard by the concilium plebis. The institution of the
quaestiones perpetual did away, however, with the judicial
functions of the latter body.

THE CONCILIUM PLEBIS 26$

Selected Bibliography^

Citizens and their rights : M. Voigt, Ueber d. Klientel u. Liber-
Lnitat, Ber. d. k. sachs. Ges. d. Wiss., Philol. hist. Kl., 1878, i Abt.
^6-219 ; F. Lindet, De I'acqnisition et de la perte du droit de cite
omaine, Paris, 1880; L. Pinvert, Du droit de cite, Paris, 1885;
i.. Josson, Condition juridique des affranchis en droit rom., Douai,
S79; L. Pardon, De aerariis, Berlin, 1853. — Division of the
»cople for political purposes: Pelham, The Roman curiae, Journ.
>i Phil. IX. 266-279; Soltau, Entstehung der altromischen Volks-
rersammlungen, Berlin, 1881 ; Kubitschek, De rom. trib. origine ac
>ropagatione, Vienna, 1882 ; Pluss, Die Entwicklung d. Centurien-
i^erf., Leipzig, 1870. — Popular assemblies: Soltau, Altr. Volksver-
sammlungen; Ullrich, Die Centuriatkomitien, Landshut, 1873;
Genz, Die Centuriatkomitien nach der Reform, Freienwalde, 1882 ;
C. Bems, De comitiorum tributorum et conciliorum plebis discri-
mine, Wetzlar, 1875; Soltau, Die Giiltigkeit der Plebiscite, Berlin,
3884 ; Ihne, Die Entwickelung d. Tributkomitien, Rhein. Mus. (N.F.),
XXVIII (1873), 353 ff.; Lange, Die promulgatio trinum nundinum,
Rhein. Mus. (N.F.), XXX (1875), 35° ^- J ^' Morlot, Les cornices
^lectoraux sous la republique romaine, Paris, 1884; Ch. Borgeaud.
Histoire du plebiscite, Paris, 1887; K. W. Ruppel, Die Teilnahme
der Patricier an den Tributkomitien, Heidelberg, 1887.

Supplementary Literature, 1901-1910

Botsford, The Roman Assemblies. New York, 1909.

Soltau, Giiltigkeit der Plebiscite. Berliner Studien, II (1885), 1-176.

Greenidge, The Authenticity of the Twelve Tables. Eng. Hist.

Review, XX (1905), 1-21.
Lambert, L*histoire traditionelle des XII Tables. Melanges Ch.

Appleton. Paris, 1903.

^ See also pp. 22, 173, 219, 243.

Part III — Imperial Period

SECTION I — HISTORICAL

CHAPTER XII

THB ESTABLISHMENT OF THE EMPIRE

322. Restoration of Order in Italy. When Octavius
returned to Italy in the summer of 29, he was confronted
by a state of things not unlike that which faced him after
the battle of Philippi (cf. p. 143). It was necessary to
reUeve the poverty-stricken people of Italy at once, to
provide lands for the veterans, and to decide upon a
policy with reference to the soldiers of Antony. The
prudence and moderation which he had shown on the
previous occasion encouraged friend and foe alike to look
for a wise policy now. This expectation was not disap-
pointed. His very arrival in Italy inspired that confidence
in the future which is the precursor of prosperity, while
immediate financial difficulties were relieved by a Uberal
use of the treasures of Egypt. One hundred and twenty
thousand veterans were provided with land, not by con-
fiscation, but by purchase at a total cost of 600,000,060
sesterces, as Octavius himself tells us in the Monumentum
Ancyranum, and in pursuance of the same wise policy a
general amnesty was granted to the followers of Antony
and Sextus Pompeius. The beneficial results of this course

266

ii-i

ESTABLISHMENT OF THE EMPIRE 267

apparent at once in the rise of the price of land and
e revival of trade, and Octavius received immediate
;nition of his services in restoring prosperity in the
ordinary popularity which he enjoyed, — a factor that
id him. in no small degree in making the great political
ges which he had in mind.

3. Constitutional Position of Octavius from 32 to 27.
)es not seem to be possible to make out with cer-
^ the authority by virtue of which he made his pre-
ary arrangements. In the year 32, when he deposed
ny (cf. p. 146), he probably resigned his own posi-
as triumvir, but he would seem to have been vested
ice with extraordinary powers similar to those which
ive up. This was the basis of his authority down to
c, when another change took place of which we know
Ltle. It seems rather probable, however, that in the

29 the consular itnperiutn was conferred on him,
her with the control of the army and the provinces,
the right to hold the census.*

14. The Change made in 27 B.C. The problem which
;t himself to solve was to retain his position as master
e state, yet at the same time to keep intact the old
s of the constitution. Various methods of accom-
ing this object seem to have occurred to him, and
ave been tried, before he established his authority on
)asis on which it finally rested. Two of these attempts
been mentioned in the preceding paragraph. A third
^ was made in 27 B.C. At a meeting of the senate,

on the 13th of January in that year, he transferred
:ontrol of the state to the senate and people. As
imself puts it in the Monumentum Ancyranum, rem
team ex mea potestate in senat\us populique Romani
itrium transtulL This transfer of authority was only

268 IMPERIAL PERIOD: HISTORICAL

a temporary one, and ancient {e,g,, Dio, LIII. 3-1 1) as l|^
well as modem historians have not hesitated to characterize L.
it as a political manoeuvre, since he retained the consul- |p^
ship and the tribunician power, and the senate immedi-
ately conferred on him the imperium proconsulare for a
period of ten years, and the title of Augustus, It is quite
possible that he wished to make the Roman people feel
the need of his directing hand by bringing them face to
face with the possibility of his withdrawal from public life,
and to make the extraordinary powers which he received
afresh from them seem their free gift to him.

Modern historians have called attention to the feet,
however, that there is an essential constitutional difference
between his new and his old powers. His old position
was monarchical in some respects. His new authority
was not essentially out of harmony with republican tradi-
tion, and this change was undoubtedly in his mind a great
gain. It was a step also in harmony with his carefully
observed policy. His proconsular power was not radically
different from that which had been exercised at various
times under the republic. Furthermore, it was granted for
a limited period, of ten years, and was exercised only over
the border provinces, where troops were still necessary.
The management of the older provinces was intrusted to
the senate, and the control of Italy was vested in the
senate and the magistrates, as it had been under the
republic. As consul, and in his exercise of the potestas
tribunicia, which had been conferred on him in the year
36, the principle of coUegiality was observed, and his
incumbency of the consulship, like that of his colleagues
in the office, depended upon an election in the popular
assembly. It is evident that the forms of the old consti-
tution had been preserved with great success. At the

ESTABLISHMENT OF THE EMPIRE 269

i
Skxne time Augustus had secured the supreme power which

t^ wished. The proconsular imperium over the unsettled
>xovinces gave him command of the army and navy, and
iie power of appointing indirectly all the governors in the
Provinces where legions were stationed. Henceforth, too,
r^e would have no occasion to fear a rival. In his exer-
:^se of the tribunician or consular power he was associated
wth colleagues of nominally equal rank, but he was raised
so far above them in the eyes of the people, that inde-
pendent action on their part was scarcely conceivable.

325. The Titles of Augustus and Princeps. The tide
Augustus had no direct political meaning, but, like the
laurels which were placed on the doorposts of Octavius'
house on the Palatine, it distinguished him from other citi-
zens, and was a mark of the preeminence which was freely
conceded to him. This preeminence was also well expressed
in the title princeps. It has sometimes been maintained
that this title was first applied to Octavius in the senate
in the restrictive and traditional sense oi princeps senaius,
and came in time to characterize him as the first citizen
in the commonwealth, the princeps civitatis ; but it is more
probable that the title never had this restricted meaning,
and that from the outset it indicated the relation which
the new ruler bore to the whole body of citizens — that
it marked him out, in fact, as the foremost citizen of the
state.

326. Final Modifications of the Year 23. It is not per-
fectly clear why Augustus introduced into his system the
changes which he made in the year 23. Very likely the
four years' test which he had given to the new constitution
had brought out its weakness at certain points, and the
illness which threatened his life in the year mentioned
made him feel the necessity of strengthening it at once.

270 IMPERIAL PERIOD: HISTORICAL

His objection to the old system probably lay in twolcB
facts. In the first place, he shared the administration of lib
Rome and Italy with his colleagues in the consulship, and, Ik <
although his prestige removed in large measure the dan-laK^
ger of opposition from them, that danger existed in theory, |i=
and might at a critical moment become a serious matter
in reality. At all events, the traditional etiquette existing |rt:
between the two members of the consular college may well la.
have hampered him in carrying out his plans. To have Iq
himself made sole consul would have been too violent a |a
departure from tradition to be politic. He, therefore, gave
up his practice of holding the consulship every year, and
cast about him for a solution which would better meet the
needs of the case. Such a solution he found by modify-
ing and extending his proconsular imperium^ and by giving
importance to the tribunician power. Not all the points in
which the proconsular itnperium was extended by Augustus
and his successors are clear. However, the extant fragment
of the lex de itnperio Vespasiani^ the statements of Dio
Cassius, and an examination of the functions actually exer-
cised by the emperor, make it plain that, although he held
his itnperium as a proconsul, a series of measures passed
in the year 23 and in subsequent years allowed him to
retain it within the city, and gave him a position equal in
rank and authority to that of the consul.

In giving a prominent place to the tribunician power,
he hit upon a happy idea. The associations connected
with the tribunate made it a popular office. In its early
history it had been the organ of the ]f>lebeians in their
struggle for civil and political rights. In its later histpry
it had protected the individual against the encroachments
of the state. Furthermore, the tribune had acquired posi-
tive and negative powers touching almost every field oi

ESTABLISHMENT OF THE EMPIRE 2/1

ministrative activity. He could summon the senate or
tQie popular assemblies for the transaction of business, and
lie could veto the action of almost any magistrate. We
liave seen one reason why Augustus turned from the con-
sulship to the tribunate. Another may perhaps be found
in the fact that the duties of the consul were exercised
within a certain sphere limited by tradition. The tribunate,
on the other hand, from its very nature and history, was
capable of indefinite extension in all directions. Poten-
tially Augustus had held the tribunician power ever since
the year 36. From this time, however, as an indication
of the new importance attaching to it, although he took
the title for life, he assumed it anew each year, and, after
23 B.C., in official documents indicated the year by setting
down the number of times he had held the tribunician
power. This practice his successors followed. The signifi-
cance attaching to this power is also indicated by the fact
that the assignment of it was* accepted as marking out a
successor in the principate.

The system of Augustus was now essentially complete.
He accepted no other permanent extraordinary office, even
at the solicitation of the people. The proconsular impe-
rium gave him command of the legions, and his supremacy
in tivil administration rested securely on his right to exer-
cise the imperium within the city and on his possession of
the potestas tribunida. The few emergencies of a later
date which required the exercise for a brief time of powers
which he did not h^ve were provided for by special legis-
lation, or by the natural extension of his tribunician or pro-
consular authority ; and when the ten years of his procon-
sular imperium expired, he secured a formal renewal of the
power for another period. The position of Augustus in
religious matters was almost as preeminent as it was in

2/2 IMPERIAL PERIOD: HISTORICAL

political affairs. He was made a member of the four great lkil«
priesthoods, and in the year 12, after the death of Lepidus, lk<
he was elected pontifex maximus, t4.

327. The Question of the Succession. It remained for \ws
Augustus to complete his work by securing the succession
to the man of his choice. The question presented itself in
a definite form at the time of his severe illness in the year
^^yfic 23. At that time he wisely passed over his only male rela-
rM ^^^fs-i) Si tive, Marcellus, the son of his sister Octavia, because he felt
^'^Jfyf^ that the young man was not old enough for such a responsi-
ble position, and, -by giving his signet-ring to Agrippa, indi-
rectly designated him as his successor. Although he turned
to Marcellus on his recovery, the death of Marcellus caused
him to revert to his former plan, and in 2 1 B.C. he married
Agrippa to his daughter Julia, the widow of Marcellus, and
three years later had the tribunician power conferred on
him for a period of five years. The method which Augus-
tus had found for settling the question of the succession
was clear at once. His own powers were given to him for
a fixed term of years or for life. He could not transmit
them, therefore, to any one else at his death. He could,
however, during his own lifetime invest the man of his
? choice with powers independent of h is own and thus do
much toward securing the succession for him. This was
the plan which he adopted in the case of Agrippa. The
birth of two children to Julia from her marriage with Agrippa
involved a slight modification in the plan of Augustus. He
designated these two grandsons, Gaius and Lucius Caesar,
as his heirs, and made Agrippa their guardian. Upon the
death of the latter in 12 B.C. this guardianship was trans-
ferred to Tiberius, the stepson of Augustus, and in 6 b.c.
the tribunician power was conferred on him for a period
of five years. But Tiberius was aggrieved at his failure to

ESTABLISHMENT OF THE EMPIRE 2/3

:>€ designated as the successor of Augustus, and retired to the
Island of Rhodes. To the bitter disappointment of Augustus
both of his grandsons died, and he was at last forced to rec-
ognize the eminent ability of Tiberius, and his services to
the state, by adopting him as his heir and by conferring on
him again the tribunician power. The question of the suc-
cession was finally settled in a.d. 13 beyond the possibility
of change by the passage of a lex consularis associating
Tiberius with Augustus in the government of the prov-
inces. Henceforth his authority was independent of that
of Augustus, and also rested on a legal basis. Augustus
died the year after this arrangement was made.

328. Social Reforms. Nothing has been said up to this
point about the social and financial reforms of Augustus.
They were almost as far-reaching as his political changes.
His most important legislation on these matters was in-
tended to restore the integrity of the marriage relation and
to prevent a decrease of the native population. The influx
of foreigners, the development of luxurious tastes, the long-
continued civil wars, the public games, and a host of similar
influences had undermined public morality and subverted
the old idea of the family. Adultery and divorce were
not uncommon, and the number of the unmarried and of
childless married couples had increased in an alarming
way. A series of laws was directed against these evils.
The lex de adulteriis imposed severe penalties on those
convicted of adultery, while, under the lex de maritandis
ordinibuSy restrictions were put on divorce, and the unmar-
ried and childless married were placed under disabilities in
the matter of inheriting property and suing for office.

This method of attacking the evil failing of effect, Augus-
tus approached the subject from the other direction. The
celebrated lex Fapia Foppaea, instead of laying penalties

2/4 IMPERIAL PERIOD: HISTORICAL

on the unmarried and childless, encouraged, child-beariiig
by granting sums of money or privileges in canvassing for
office to. the father, and certain exceptional property rights
to the motherof a family. An attempt was made to check
the growth of extravagant tastes, whi<jh, kept many from
marriage, by the passage of sumptuary laws. • SThe demor-
alizing influence of the public games was somewhat lessened
by placing restrictions on' the a^endance of women. In
particular the emperor strove to restore the R'om&n religion
to its old position of dignity by rebuilding the temples, by
celebrating religious festivals with great pomp, and by taking
certain priestly offices himself, and in no one of his social
reforms were the results of a more permanent character.

329. Financial Reforms. The restoration of peace, the
suppression of piracy, and a more equitable and intelligent
govepiment of the provinces did much to restore prosperity
to Italy and the provinces. These beneficent reforms were,
however, supplemented by a systematic revision of the
financial system. ,The provinces profited in particular by
this change. The personal acquaintance which he made
with the condition of the provinces in the period from 27
to 24 B.C., and the census which he took in several of
them gave Augustus trustworthy information on which to
base his financial reforms. In place of the extortionate
requisitions made by provincial governors and the taxes,
many in number and oppressive in character, of the repub-
lican regime, he substituted a land tax and a personal tax.
Trade was relieved from harassing restrictions, and public
improvements were made. The burden of the provinces
was still further lightened by the imposition in Italy of a
legacy duty and a tax on the sale of slaves.

330. The Princeps and the Other Branches of Goyem-
ment. In our discussion of the political institutions of

ESTABLISHMENT OF THE EMPIRE 2/5

previous periods it has been found convenient to consider
them from the point of view of the magistracies, the senate,
and the people. That division of the subject will be
adopted now, although it has less significance for the period
imder consideration, since, in consequence of the subordi-
nation of the magistrates, the senate, and the popular assem-
blies to the will of the princeps, their separate activities
become matters of less moment, and it is difficult to draw
a definite line between them. The constitutional basis on
which the authority of the princeps rested has already been
discussed. It is a more difficult matter to state the theo-
retical relation which his office bore to the other branches
of government. The care which Augustus took to cloak
his extraordinary powers in traditional terms, and to reserve
for the old institutions the nominal exercise of their old
fiinctions, is, of course, the cause of this difficulty. Perhaps
it may be safe to say that the functions oixhit princeps were
thought of as filling a gap, as supplementing those of the
magistrates and senate, rather than as encroaching upon
them.

331, The Magistracies. In the readjustment of affairs
perhaps the executive suffered a greater loss of impor-
tance than any other branch of government. The method
of electing the magistrates, the prestige of Augustus, and
his encroachment on their traditional functions, all con-
tributed to bring about this result. It will be remembered
that candidates were required to notify the magistrate, who
was to preside at the electoral 'meeting, of their intention
to stand for office (p. 169). Augustus was consul firom 27
to 23 B.C., and during this period the announcement was
properly made to him. Even after this period, when he
no longer held the consulship, candidates made their pro-
fessio to him as well as to the consul. We may feel sure

2/6 IMPERIAL PERIOD: HISTORICAL

that his acceptance of their candidacy practically settled
the question of their eligibility. Election to office was
made still more dependent on the favor of Augustus, after
he had adopted the practice of recommending certain can-
didates. His cotnmendatio must have insured an election.
This practice was not extended to the consulship, however,
by Augustus. After election, even in matters where the
legal powers of the two were equal, it was impossible for a
magistrate to maintain his position over against the princeps
whose prestige was so much greater, and whose long terms
of office relieved him from the danger of being held
responsible for his conduct.

There were few if any important executive functions
which the princeps was not authorized to perform. He, as
well as the consul, could convoke the senate and the popular
assembhes, for instance, and the consul would hardly venture
to take this important step without his approval. In this
way the magistrates lost their right of initiative in almost
all important matters. Certain powers were also formally
taken from the magistrates and given to the princeps.
Thus, for instance, the consuls probably lost the super-
vision of the roads in Italy, the cura annonae was taken
from the aediles, and the ius intercessionis of the tribune did
not avail against the emperor. The significance which the
magistracies still had was derived in fact from the social
distinction attaching to them, from the fact that magis-
trates were colleagues of the princeps, and that election to
a magistracy secured one admission to the senate and an
opportunity to hold an office in the provinces. No impor-
tant changes were made in the number of the magistracies
or in the size of the colleges. The number of praetors
was, however, raised to sixteen, while the college of quaestors
was reduced to twenty. The censorship disappeared, and

ESTABLISHMENT OF THE EMPIRE 2//

i^arious new offices, whose incumbents were subordinates of
the princeps^ were established in the provinces. Certain
changes made in the functions of a few of the magis-
trates may be considered more conveniently in another
connection.

332. The Senate. The membership of the senate was
reduced from 900 to 600. Members were admitted, as
under the republic, by virtue of having filled certain magis-
tracies, but since the emperor's right of nominatio and
commendatio gave him a great influence over the selection
of magistrates, the rolls of the senate were in large measure
indirectly under his control. As we have already had occa-
sion to notice, the senate was in its origin an advisory body ;
but it gradually acquired important powers, especially in the
matter of administrative legislation, and reduced the magis-
trate to the position of its minister (pp. 67 f., 233). All this
was changed by Augustus. The senate could not success-
fully assert, in dealing with him, the claims which it had
made good against an annually elected magistrate of much
less prestige and legal power. Furthermore, the republican
practice of submitting all important matters to the senate
for its consideration fell into comparative disuse. Finally,
the consilium which Augustus established in 27 B.C., and
reorganized in a.d. 12, must have taken from the impor-
tance of the senate. The consilium^ as finally constituted,
contained the princeps and certain members of his house-
hold, the consuls, the consuls-elect^ and a committee of
senators. This body, which must be distinguished from
the judicial consilium of a later period (cf p. 331), was
allowed to pass measures, and these measures had the
validity of senatus consulta.- In one respect the compe-
tence of the senate was extended. It was given jurisdiction
over important political cases.

2/8 IMPERIAL PERIOD: HISTORICAL

333. The Popular Assemblies. Under Augustus magis-
trates were still elected in the popular assemblies, but
the nominatio and cotnmendatio of the princess made the
elections largely a matter of form. Augustus called not
infrequent meetings of the popular assemblies to act on
important measures, but since almost all bills were drawn
up by the emperor, or with his approval, the meetings of
the comitia for legislative purposes did little more than
give the form of law to his wishes. This decadence of the
assemblies was not, however, a great loss to the cause of
popular government. An assembly made up of the rabble
of Rome, not only ignorant of the merits of the great
questions laid before them, but also ready to sell their
votes to the highest bidder, was as far from representing
the Roman empire as any assembly could be. It is sig-
nificant that the decline of the comitia, which represented
even more definitely than the senate the narrow conception
of the city-state, is coincident with the growth of the feel-
ing that there was a community of interests throughout the
Roman world, and the development of this idea brought
with it, of course, a more intelligent, uniform, and equitable
system of government for the provinces. The settlement
of important questions in secret was, however, a great loss
to the cause of popular government. Even when the sena-
torial regime was at the height of its power, all phases of
serious political questions were fully and freely discussed.
Now matters were settled by Augustus in private conference
with his ministers. The discussions in the senate were in
^rge measure perfunctory and superficial.

334. The New Senatorial Aristocracy. Augustus seems
to have consciously adopted the policy of creating social
classes, whose position depended upon his favor and whose
interests were, therefore, identical with his. At all events,

ESTABLISHMENT OF THE EMPIRE 279

this was the result of certain social and political changes
-which he made. Under the republic the prestige of having
lield a curule office was so great that candidates for a magis-
tracy who did not have the ius imaginum had little chance
of success (cf. pp. 47, 166). Election to any one of the
higher magistracies secured for one admission to the senate.
This was the basis on which the nobilitas rested. In the
new aristocracy, created by Augustus, the order was reversed.
Only those who had the latus clavus were eligible to the
quaestorship, and since only those of senatorial rank had
the right to the latus clavus (p. 225), the sons of senators
and no others were eligible to the magistracies. It was
necessary to hold a magistracy before sitting in the senate.
Consequently, only the sons of senators and those whom
the emperor might honor with the latus clavus could
become magistrates, or members of the senate. Since
election to a magistracy depended largely on the favor of
Augustus, the new aristocracy owed its privileges entirely
to him, and he could count on it for support.

335. The Knights. The great middle class was attached
to his interests in a similar way. The legislation of C. Grac-
chus, which turned the juries over to the knights, first gave
legal recognition to this class ; but its social and political
privileges had never been so clearly defined as those of the
senatorial order had been. Augustus gave definiteness and
importance to this social class by having lists of its mem-
bers, which he revised, drawn up at regular intervals. With
the knights he filled the important financial and adminis-
trative offices in Italy and in the provinces which were
under his control.

336. The Augustales. An aristocracy was also created
among the fi"eedmen. Each year the decuriones in the muni-
cipal towns chose six rich freedmen as seviri Augustales,

28o IMPERIAL PERIOD: HISTORICAL

This board contributed money for some local improvement
or for the proper maintenance of the public games. No
political functions attached to the position, but the social
prestige which it conferred and the privilege which went
with it of wearing the praetexta and of being attended by
lictors probably made it eagerly sought for. Inasmuch as
the order was in some way- connected with the cult of the
emperor, he could rely upon its support.

337. The City of Rome. The legislation of Augustus
which affected the welfare of the whole people has been con-
sidered above. It may not be out of place here to consider
certain administrative changes which concerned the several
parts of the empire, in particular the city of Rome, Italy,
and the provinces. We have already had occasion to notice
the incapacity which the republic showed in governing the
provinces. That fact is not strange. It was a natural
result of the selfishness and indifference of the Romans
toward the provincials. However, the thoroughly unsat-
isfactory character of the government of the city of Rome
seems at first hard to account for. In point of fact, Rome
had rapidly grown out of a village into a great city, but
the development of public improvements and of muni-
cipal government had not kept pace with the growth of
-its population. Augustus set himself to remedy this state
of things.

338. Public Improvements and Municipal Govemment.
The supplement to the Monumentum Ancyrahum gives us
a long list of the new buildings which he constructed, and
of the old ones which he repaired or rebuilt. The gen-

' eral supervision of public works was put in charge of two
curatores operum publicorum. Many new aqueducts were
brought into the city, and the care of the water supply
and of the Tiber was intrusted to imperial commissioners.

ESTABLISHMENT OF THE EMPIRE 28 1

)f these officials were of senatorial rank. A still more
)rtant matter was the cura annonae^ which was intrusted
n imperial praefectus of equestrian rank. It was the

of this official to see that Rome was supplied with
1, to superintend its distribution td poor people, and
Dntrol the price of it. All these municipal affairs had
iously been managed by the aediles and censors, so

the establishment of these imperial offices abridged
* powers correspondingly.

)9. Improyements in Municipal Government. The city
lamentably in need of suitable arrangements for extin-
ling fires and maintaining order. A long step toward
siccomplishment of these two objects was taken by the
nization of a fire and police department of 7000 or
> men in a.d. 6. For convenience* in administration
city had been divided into fourteen regiones, and each
of the seven detachments, into which this force was
led, was called on to protect two of these. The bri-
; was in charge of 3. praefectus, appointed by Augustus.

official had a limited criminal jurisdiction somewhat
that of the III viri capitales (cf. p. 210). To main-
order during his absences from the city, the emperor
)inted 2l praefectus urbi (cf. p. 212). It was left for
successor, however, to make this office permanent.
JO. Condition of Italy. One of the greatest blessings
h Augustus conferred on Italy consisted in the encour-
lent of local self-government along the lines laid down
ulius Caesar in his lex lulia municipalise The roads
: also kept in good condition, and order was main-
*d. Very few of the Italians from this time on served
le army, but in a way they paid for their exemption
I military service by a five per cent tax on legacies and
ir per cent tax on the sale of slaves.

282

IMPERIAL PERIOD: HISTORICAL

341. The Frontier Policy of Augustus. In dealing with 1^
Roman territory outside of Italy, Augustus directed his P^
attention to the settlement of two important questions— |Ji--
the establishment of a natural and secure frontier and the
reorganization of provincial government. In both direc-
tions his efforts were crowned with success. In the East,
at the beginning of his reign, the Parthian question m&
still unsettled. The Roman standards and the Roman ap-
tives, taken at Carrhae in 53 B.C., were still in the pos-
session of Parthia, while the failure of Antony's campaigns \^
in the years 40 to 36 (cf. p. 146) had increased the feeling
of insecurity in the eastern provinces. This situation was
very happily relieved by the development of a dynastic
quarrel in Parthia in 20 B.C. Augustus took advantage of
this quarrel to secure the return of the standards, and King
Phraates was even Induced to send four of his sons to Rome
as hostages. At the same time the Euphrates was made the
eastern frontier of the empire.

To the south the great desert of Africa formed a natural
boundary, and the provinces in that quarter of the world
were safe, except from the occasional incursions of nomad
tribes. On the west was the Atlantic. To the north the
problem was a more complicated one, and the frontier
policy of Augustus was, at the outset, less clearly deter-
mined. For a time the Romans seem to have intended
making the Elbe the line between them and the Germans,
but after the defeat of Varus, in a.d. 9, they withdrew to
the west and south of the Rhine and adopted that river,
with the Danube, as the northern frontier of their terri-
tory. Raetia was organized as a province in 15 b.c, Nori-
cum in the same year, and Moesia in a.d. 6, so that by
the reduction of Pannonia to the form of a province in
A.D. 10, Rome controlled all the country bordered on the

ESTABLISHMENT OF THE EMPIRE 283

i^orth by the rivers Rhine and Danube from the North sea
:o the Black sea.

342. Imperial and Senatorial Provinces. As we have
^.Iready noticed (p. 268), in the division of provinces
t>etween Augustus and the senate, those in which a mili-
tary force was needed were assigned to the emperor.
After the division in 27 b.c. some transfers were made,
but at the death of Augustus the list of imperial provinces
included Sardinia and Corsica, Hither Spain, Lusitania,
** the three Gauls " (Aquitania, Lugdunensis, Belgica), Pan-
noniay Dalmatia, Moesia, Galatia and Pontus Polemoniacus,
Cilicia, Cyprus, Egypt, Syria, Raetia, and Noricum. The
senate controlled Baetica, Gallia Narbonensis, Macedonia,
Achaea and Epirus, Asia, Bithynia, Crete and Cyrene, Africa,
Sicily, and Cyprus. Cisalpine Gaul had ceased to be a prov-
ince in 42 B.C., when the limits of Italy had been extended
to the Alps.

343. Improvements in Provincial Government. To no
part of the Roman Empire did the reforms of Augustus
bring greater relief than to the provinces. The financial
improvement which they experienced has already been
noticed (p. 274). The gain which they made in other
respects was equally great. This was particularly true of
the imperial provinces, for the governors of these provinces
were chosen, not by lot, but on the score of honesty and fit-
ness, and were personally responsible to Augustus, who had
an intimate acquaintance with the condition of the several
provinces and kept a watchful eye on their progress.

One of the defects of the republican system lay in the
feet that a provincial governor held office usually for only
one year, so that he could scarcely learn the needs of his
province before he would be recalled. The evils of the
republican system are laid bare by Cicero's letters from

284 IMPERIAL PERIOD: HISTORICAL

Cilicia in 5 1-50 B.C. In the imperial provinces the t
office was invariably of considerable length. Undi
republic governors filled their pockets by requisitions,
demoralized the government and crippled the res
of the provinces. Under Augustus provincial go^
received a generous fixed salary, ajid service in the
inces became an honorable and attractive professio!
prospect of steady advancement for those who showec
selves capable and honest. The senatorial provinc
labored under many of the evils of the old system, bi
over them Augustus exercised some supervision, a
excellence of the government in the imperial pr
could not fail to exert a beneficial influence.

344. System of Provincial Government. A
directed the government of the provinces by virtu<
proconsular imperium, and governors in imperial pn
who were all appointed by him, acted pro praetore re|
of the office which they had previously held in Roi
were called legati Augusti pro praetore. The govei
senatorial provinces, on the other hand, all had a
sular title without regard to the magistracy which tl
held in Rome. Only ex -consuls, however, were
Asia and Africa. The higher title which the senator
ernors had did not make their position equal in di|
that of the imperial governors, however, because th
had charge of an army, while the senatorial gc
did not.

Provincial governors supervised the administrative
of their provinces, and had jurisdiction in civil cases
criminal cases where peregrini only were concemec
imperial governor had a military command also. I
rial provinces an appeal could be taken from the go^
sentence to the emperor; in senatorial provinces,

ESTABLISHMENT OF THE EMPIRE 285

^te or the emperor. The financial interests of an impe-
"^^l province were in the hands of an official called a
^^^"c^curator, chosen by Augustus himself. Imperial pro-
^^irators also cooperated with the proconsuls in managing
*^^ finances of senatorial provinces. In military and judi- ,
1 matters the imperial governor was assisted by legati
^gusti legionum and by legati Augusti iuridicu In prov-
^^^ces like Egypt or Judaea, where the emperor was regarded
the legal successor of the previous ruler, a praefectus
a procurator was placed in charge. Governors were
^-^signed to the senatorial provinces by lot, and held office
^VDr a year. The law of 5 2 B.C., which required an interval
^^f five years between a magistracy at Rome and a govemor-
^liip in a province, was still in force. The senatorial gov-
ernors of consular rank were assisted by three legati and a
quaestor. Those of praetorian rank had one legatus and a
quaestor. The legati were appointed by the governor him-
self, but his appointments were subject to the approval of
the emperor.

345, Reforms in the Military System. The assignment
to Augustus of the provinces where troops were needed not
only gave to him the control of the army, but by implica-
tion took away from the senate the right of levying troops
for its own provinces. When disturbances arose in a sena-
torial province the emperor took charge of matters. The
necessity of protecting distant frontiers had made it impos-
sible even under the republic to adhere to the traditional
practice of discharging the soldiers each year and levying
and organizing a new force. However, the fiction was
conscientiously observed of reenlisting all the troops at the
end of the year. It was, therefore, a theoretical, not a
practical change in the military system which Augustus
made in 13 B.C., by enlisting troops for a fixed term of

286 IMPERIAL PERIOD: HISTORICAL

years. The term was at first made one of sixteen years forlhia
the legionaries and twelve years for the guards, but inl^
A.D. 5 it was lengthened to twenty and sixteen years
respectively. A second important change which he made 1
in the military system consisted in the larger use of auxiliary
troops. The use of these troops, and the resulting dis-|ir%
taste of the Italians for military service, led to a decline |^"
of the martial spirit in Italy, and made the peninsula inca-
pable of resisting a possible invasion ; but the strong line
of border provinces which Augustus established prevented
this danger fi-om becoming a real one for many years.

Selections from the Sources

Livy, Epp., CXXXIV-CXLII; Res gestae divi AugusH (or the
Monumentum Ancyranurn)\ Velleius Paterculus, II. 89-123; Sue-
tonius, Augustus; Dio Cassius, LI. 19-LVI; Florus, II. 22-34;
Eutropius, VII. 8-10; Tacitus, Ann. I. 1-5.

Octavias returns to Rome in 29 B.C.: Dio, LI. 21 ; C, I. L. I.^
p. 399. — Extraordinary powers granted to him in 29 B.C. : Dio,
LI I. 41; Suet. Aug. 27. — Gratuities to soldiers: Res gestae^ ^
Momm. III. 17. — Takes census: Res gest. II. 2-5 and pp. 36-8.—
Revises list of senators: Res gest. II. i~2 and pp. 35-6; Dio,
LII. 42. — Princeps senatus : Dio, LIII. i. — Meeting of senate,
January 13, 27 B.C.: Dio, LIII. 3-1 1 ; Res gest. VI. 13-15 and
pp. 145-8. — Proconsular imperium for ten years: Dio, LIII. 13.—
Division of the provinces : Dio, LIII. 12. — Title of Augustus and
other honors: Res gest. VI. 16 f.; Suet. Aug, 7 ; C. I. L. \y p. 384;
Dio, LIII. 16. — Goes to Gaul and Spain for three years : Dio, LIII. 22.
— Praefectus urbi (25 B.C.) : Tac. Ann. VI. 11. — Galatia, provmce:
Dio, LIII. 26. — Augustus returns to Rome : Dio, LIII. 28. — Signet
ring to Agrippa (23 B.C.) : Dio, LIII. 30. — New powers granted in
23 B.C. : Dio, LIII. 32. — Marcellus's death: Dio, LIII. 30. — Ten
praetors : Dio, LIII. 32. — Augustus assumes cura annonae (22 B.C.) :
Res gest. I. 33-5 and pp. 24-7 ; Dio, LIV. i. — Refuses dictatorship,
censorship, and consulship for life (22 B.C.) : Res gest. I. 31-6; Dio,
LIV. 1-2. — Cura ludorum from aediles to praetors: Dio, LIV. 2.—

ESTABLISHMENT OF THE EMPIRE 28/

imptnaxy law (22 B.C.): Dio, LIV. 2. — Conspiracy of Murena and
fipio (22 B.C.) : Dio, LIV. 3 ; Veil. II. 91. — Spends three years in
iental prorinces (22 B.C.) : Dio, LIV. 6 ff . — Standards returned by
LTthia (20 B.C.) : Res gest. V. 40-43 and pp. 124-8 ; Dio, LIV. 8. —
iratores viarum (20 B.C.) : Dio, LIV. 8. — Names Q. Lucretius
nsul (19 B.C.) : Dio, LIV. 10. — Returns to Rome (19 B.C.) : Dio,
[V. 10. — Charge of provinces and armies ten years more (18 B.C.) :
io, LIV. 12. — Agrippa, tribunician power for five years: Dio, LIV.
\. — Senate, 600 members: Dio, LIV. 13-14. — Lex de adulteriis
8 B.C.): Suet. Aug. 34. — Lex de maritandis ordinibus (18 B.C.):
\^t. Aug. 34; Dio, LIV. 16; Gaius, I. 178. — T. Statilius Taurus,
aefectus urbi: Dio, LIV. 19. — Defeat of Lollius by the Germans
6 B.C.) : Dio, LIV. 20; Veil. II. 97; Suet. Aug. 23. — Augustus
les to Gaul (16 B.C.) : Dio, LIV. 19. — Returns from Gaul (13 B.C.) :
io, LIV. 25. — Reorganization of the XX viri (13 B.C.): Dio,

IV. 26. — Agrippa's tribunician power renewed for five years
3 B.C.): Dio, LIV. 28.' — Augustus, pontifex maximus (12 B.C.):
io, LIV. 27 ; Suet. Aug. 31 ; Res gest. II. 23 f. and p. 45. — Agrippa
es (12 B.C.): Dio, LIV. 28; Plin. N. H. VII. 8. — Campaigns of
rusus and Tiberius: Dio, LIV. 31 ff. ; LV. i, 29 ff. ; LVI. 12 ff. ;
ell. II. 110-115; Suet. Tib. 16 f. — Tiberius marries Julia (11 B.C.) :
io, LIV. 35. — Cura aquarum (11 B.C.): Frontin. de Aquaed.
\ ff. — Quaestors take charge of archives (11 B.C.) : Dio, LIV. 36. —
sath of Drusus (9 B.C.): Dio, LV. i. Augustus's charge of armies
id provinces renewed for ten years (8 B.C.) : Dio, LV. 6. — Tiberius
ceives tribunician power for five years (6 B.C.) : Dio, LV. 9. —
agustus receives title of pater patriae (2 B.C.): Suet. Aug. 58. —
icius and Gaius Caesar receive title of princeps iuventutis (2 B.C.):
es gest. III. 4-6 and pp. 52-8. — Tiberius returns from voluntary
:ile (a.d. 2) : Veil. II. 103. i ; Suet. Tib. 13. — Augustus's charge
armies and provinces renewed for ten years (a.d. 3) : Dio, LV. 12. —

Caesar dies (a.d. 4) : C. I. L. XL 1421 (cf. Clinton, Fast. Hell.
1. p. 264). — Augustus adopts Tiberius (a.d. 4) : Veil. II. 103 ;
io, LV. 13; Tac. Ann. I. 3, 10 ; IV. 57. — Tiberius receives tribu-
cian power for ten years (a.d. 4) : Dio, LV. 13 ; Veil. II. 103. —
tmy reforms (a.d. 5): Dio, LV. 23; Tac. Ann. I. 17. — Praefectus
gilum (a.d. 6) : Dio, LV. 26. — Tax on sale of slaves (a.d. 7) :
io, LV. 31. — Modification of the commendatio (a.d. 8): Dio,

V. 34. — Defeat of Varus (a.d. 9?): Veil. II. 1 17-120; Dio,

VI. 18 ff . ; Suet. Aug. 23; Tib. 17. — Lex Papia Poppaea

288 IMPERIAL PERIOD; HISTORICAL

(a.d. 9); Dio, LVI. 10. — Augustus receives annies and proYisces
for ten years (a.d. 13) : Dio, LVI. 28. — Tiberius receives tribniu-
cian power for indefinite period (a.d. 13) : Dio, LVI. 28. — LegislatiTe
committee with powers (a.d. 13): Dio, LVI. 28. — Augustas dies
(a.d. 14) : Dio, LVI. 29 f. ; Suet. Aug. 99-100 ; Tac. Ann, I. 5.

Selected Bibliography

A. The Empire in General

L. de Tillemont, Histoire des empereurs, etc., 5 vols. Venice, 1732.
Ch. Men vale, History of the Romans under the Empire, 7 vols. New

York, 1862.
H. Schiller, Geschichte der romischen Kaiserzeit, 2 vols. Gotha,

1882-7.
Edw. Gibbon, The History of the Decline and Fall of the Roman

Empire, revised by J. B. Bury. London, 1900.
L. Friedlander, Darstellungen aus der Sittengeschichte Roms, etc.,

3 vols., 6th ed. Leipzig, 1888.
Th. Mommsen, The Provinces of the Roman Empire, 2 vols. New

York, 1886.
Th. Mommsen, Romisches Staatsrecht (Vol. II). Leipzig, 1887.
H. Peter, Die geschichtliche Litteratur iiber die romische Kaiserzeit,

etc., 2 vols. Leipzig, 1897.
G. Goyau, Chronologic de Tempire romain. Paris, 1891.
Prosopographia imperii romani saec. I, II, III, 3 parts. Berlin,

1 897-.

B. The Reign of Augustus

V. Gardthausen, Augustus und seine Zeit (I. 1,2; II. i, 2). Leipzig,

1 891 -6.
W. W. Capes, The Early Roman Empire. London, 1876.

Supplementary Literature, 190 i -19 10

Shuckburgh, Augustus. London, 1903.

Domaszewski, Geschichte d. romischen Kaiser, 2 vols. Leipzig,

, 1909-

CHAPTER XIII
FROM TIBERIUS TO NERO

6. Tiberius becomes Emperor. With the death of
stus the principate legally came to an end. He had

: Tiberius his associate in the government (cf. p. 273),
le could not confer upon him nor bequeath to him
►owers as princeps, Tiberius was placed in such a
ninent position, however, that it was difficult to thwart
nbition, and he understood how to make good use of
pportunity. He felt that the support of the army was
ssential thing, and that the acquiescence of the senate
people would follow as a matter of course. He at
, therefore, assumed charge of the praetorian guard,
had the armies take the oath of allegiance. Their
pie was quickly followed by the magistrates and the
e. This method of procedure forestalled any possible
sition. In fact, when th^ senate met to confer on him
owers of his predecessor, Tiberius was able to make his
)tance of them appear a concession to its entreaties.

7. The two Periods of his Reign. The change which
place in the character of Tiberius under the influence

Aelius Sejanus is well known. The same influence
jht about a marked change in the character of his
•nment also. Sejanus became prefect of the praetorian
I in the year 1 6, and greatly strengthened his influence
I years later by bringing all the sections of that force
her into one station. However, even this exceptional

ion did not count for so much as did the perfect

289

290 IMPERIAL PERIOD: HISTORICAL

confidence which Tiberius placed in him, and the feet that
Sejanus became his sole confidant. It is unnecessary for
our purpose to estimate the character of Tiberius, which
assumes such different aspects in the historical works of
Tacitus and Velleius Paterculus. Each account probably
presents one side of the truth. In the same way the period
before Sejanus acquired his influence over Tiberius, and the
subsequent period, reflect respectively the good and the
evil elements in the character of the emperor. When he
ascended the throne there was much to inspire the Romans
with confidence in his wisdom and justice. He was a man
of affairs ; he was simple in his personal tastes ; he had a
respect for tradition and a peculiar reverence for the policy
of his predecessor. Furthermore, he had a wide knowledge
of the condition of the empire, acquired by numerous cam-
paigns and by years of residence in the provinces, and the
early years of his reign seemed to justify the hope which
the possession of these qualities held out. But with the
ascendency of Sejanus, and the retirement of Tiberius fi'om
Rome in the year 26, the aspect of things changed. The
results of the baneful influence of Sejanus were aggravated
by the death in a.d. 19 of Germanicus, the nephew of
Tiberius, and, in the year 23, of Drusus, his son. Both of
these young men enjoyed a popularity, perhaps undeserved,
which made it important for the emperor to keep the good-
will of the people. With their death this incentive dis-
appeared. The death of these two men also stimulated
the ambitious designs of Agrippina, the widow of Ger-
manicus, in behalf of her sons, and Tiberius had some
reason to fear cabals among the senators in their behalf.
The two weapons which he used against these senators^
and against others whom he suspected of ambitious designs,
were the processes de tnaiestate and de repetundis.

TIBERIUS TO NERO 29 1

348. Trials for Treason and Misgoyemment. The con-
ception of minuta maiestas was a development oi perduellio^
and in the late republic covered such offenses as attacks
on the freedom and sovereignty of the people or the safety
of the state, and neglect of important official duties. The
change involved in the actions brought during the second
part of Tiberius's reign lay in the substitution of the maie-
stas principis for the maiestas populu Any acts which were
interpreted as prejudicial to the emperor's welfare or dig-
nity made the person committing them liable to the charge
of minuta maiestas. Trivial charges also were taken into
consideration; the ordinary rules governing criminal pro-
cedure were not observed, and the severity of the penalties
imposed was out of proportion to the offenses committed.

The equitable treatment of the provinces is one of the
things which may be set down to the credit of Tiberius.
The most effective means which he found to hold provin-
cial governors to their duty was the institution of actions
de repetundis against them ; but it was very difficult for a
governor in the performance of duties which required the
exercise of discretion not to lay himself open to a technical
charge on this score. The evil features of the situation were
aggravated by the machinations of professional informers,
and by the fact that trials on both the above-mentioned
charges were held before the senate. Tiberius himself
would have hesitated to condemn on his own responsibility
men for whose condemnation this servile body, with its
divided responsibility and its dread of the emperor, cast
its vote.

349. Constitutional and Administrative Changes. The
.most important constitutional change made by Tiberius

was the transfer of the elections from the people to the
senate. Henceforth the popular assemblies met in their

292 IMPERIAL PERIOD: HISTORICAL

electoral capacity only to hear an announcement of the
results of the elections in the senate. The change was
essentially only a formal one, since popular elections had
already lost their significance. This method of choosing
magistrates was in some respects a reversion to the system
in vogue under the monarchy (cf. p. 14), and, since ex-mag-
istrates were given seats in the senate, that body, nomi-
nally at least, chose its own members. It should be noticed,
too, that the new functions which Tiberius and his prede-
cessor assigned to the senate made it not only a legisla-
tive but also a judicial and an electoral body. The most
important changes in the magistracies consisted in making
the praefectus urbi a permanent official, and in putting
a single prefect at the head of the praetorian cohorts,
although some of the successors of Tiberius reverted to
the Augustan system and appointed two prdefecti praetorio.
Some temporary importance was also given to the consul's
office by the prolonged absence of Tiberius from the city.
350. The Reign of Gaius. Upon the death of Tiberius
in A.D. 37 Gaius Caesar, the son of Germanicus, the adopted
son of Tiberius, who was supported by Macro, the praeto-
rian prefect, was proclaimed emperor by the senate. The
first measures of Gaius seemed to indicate that the enthu-
siasm with which the death of Tiberius and the accession
of a son of the popular leader Germanicus were greeted
was justified. Actions for maiestas were suspended. Pro-
fessional informers were suppressed, and the elections were
turned over to the popular assemblies again ; but in each
one of these cases Gaius returned in a very short time to
the practices of Tiberius. Throughout his reign, in feet,
he was the creature of caprice, the victim of megalomania,
and represented absolutism in its crudest form. In an in-
credibly short time he had spent upon extravagant projects

TIBERIUS TO NERO 293

of all sorts the sum of 700,000,000 sesterces, which his
economical predecessor had saved, and proceeded to meet
the resulting deficit by confiscation and oppressive taxation.
The only constitutional change of any importance made
during his reign was the addition of a fifth decury of
jurymen, which brought the number of indices up to about
5000. The wrath of the people groaning under this tyran-
nous government found expression in one conspiracy after
another, until finally in the year 41 Gaius was murdered
by the oflftcers of his own guard.

351. The Reign of Claudius. By his death the govern-
ment was left without a head once more, and for two
days the senate considered the advisability of restoring the
republic ; but the clamor of the populace and the interven-
tion of the soldiers decided the matter in favor of Claudius,
the nephew of Tiberius and uncle of Gaius. Claudius had
lived up to this time in retirement. In fact, the soldiers
found him hiding in the palace for fear of his life. • A natu-
ral weakness of character and bodily defects had kept him
out of public life, and the contempt of those about him,
and the ill-treatment which he had received at their hands,
had made him distrustful of himself. His life had been
given up largely to antiquarian pursuits. These facts deter-
mined in large measure the character of his reign. His lack
of self-confidence made him lean helplessly on others, while
the interest which he had felt in the minutiae of gram-
matical study incapacitated him for developing compre-
hensive plans of government. As a result he was easily
managed by the members of his household, and the inner
history of his reign is a continuous story of intrigue by the
women and the freedmen about him, first by his freed-
man Narcissus and his wife Messalina, and, after her death,
by Narcissus and his second wife Agrippina, with the

294 IMPERIAL PERIOD: HISTORICAL

support of Pallas, and of Burras, whom she had elevated
to the position of prefect of the praetorian guard. This
transfer of the real authority to men who were virtually
imperial ministers — for this was what the new system really
amounted to — had its advantages as well as its disadvan-
tages. Narcissus in particular, who played so important
a role during the greater part of Claudius's reign, had a
decided talent for public affairs, and the administration of
the government profited accordingly. Thus, for instance,
not only were public finances placed on a sound basis once
more, but public improvements of great importance were
made, such as the extension of the aqueduct system, and
the improvement of the harbor at Ostia. The antiquarian
tastes of Claudius were not wholly detrimental to the public
interests. They encouraged a regard for tradition and for
old institutions ; the senate in particular was treated with
respect. It became once more a deliberative body, and
acquired some part of its old-time independence. Although
the natural bent of Claudius and his early life had robbed
him in a measure of the power of taking the initiative in
important matters, it had developed in him an infinite
patience in perfecting a system already in existence. To
this characteristic is due largely the improvements in the
judicial system and in the police and water departments of
the city.

352. Accession of Nero. In her struggle with Narcissus,
Agrippina's first object was to secure the succession for
Nero, her son by Cn. Domitius Ahenobarbus. She pre-
vailed at last upon Claudius to adopt him, and, taking
advantage of the illness and absence of Narcissus in the
year 54, cleared the way for her son by having Claudius
poisoned. Her faithful supporter, Burrus, brought Nero
before the troops, and he was saluted emperor.

TIBERIUS TO NERO 295

353. Court Intrigue under Nero. His reign was like
that of his immediate predecessor in two respects. It was
full of intrigue, and the control of public affairs was left
largely in the hands of advisers and favorites. The char-
acter of the government depended on the character and
ability of those under whose influence Nero fell. When
Agrippina first formed her ambitious plans for her son, she
placed him under the tutelage of the philosopher Seneca
and the protection of the prefect Burrus. As soon as he
ascended the throne, the new emperor showed that he
cared only for the pleasures and the distinction which his
position gave him, and was content to leave the affairs of
state in the hands of his mother and her two advisers ; but
the outcome did not please Agrippina. She was by no
means satisfied with the small share in the government
which she soon found that Seneca and Burrus were willing
to allow her, and she cast about for means to force Nero to
recognize her authority. Her efforts were fruitless, and it
is a remarkable illustration of the irony of fate that her
downfall was finally brought about by the same means which
had raised her to power. Just as her personal charms had
been used to encompass the ruin of Messalina, so the beauty
of Poppaea Sabina, the wife of M. Salvius Otho, caused the
downfall of Agrippina. Ultimately she, as well as Britannicus
and Octavia, Nero's wife, fell a victim to the jealous sus-
picions of the emperor. The death of Burrus three years
later, in 62, the appointment of Tigellinus as one of the
prefects of the praetorian guard, and the forced retirement
of Seneca, left Rome at the mercy of Nero's passions, stim-
ulated as they were by Tigellinus and the freedmen of the
court.

354. Administration of Public Affairs under Nero. The
character of Nero's administration differed greatly in these

296 IMPERIAL PERIOD: HISTORICAL

two periods. Under the ministerial rule of Seneca the
senate was associated in the. government, as it had been in
the time of Claudius (cf. p. 294), and, thanks to the cre-
ative ability of Seneca and the patience and energy of
Burrus, many important administrative reforms were intro-
duced. The legislation of the years 56-62 touching wills,
adoption, and certain abuses in the courts, as prcuvarkatio
and tergiversatioy was especially salutary. The finances
were managed with such wisdom that 60,000,000 sesterces
were annually turned into the state treasury. The second
period of the reign shows a far different state of affairs.
Life and liberty were held in light esteem, and the finances
of the state fell into a deplorable condition. The financial
difficulties of the empire were due in part to the great fire
of the year 64 and to the expenditure of large sums in
carrying on foreign campaigns ; but only in part, since the
extravagance of the court in building palaces and baths
and in giving public games was largely responsible for this
state of affairs; and, to make matters worse, in meeting
this difficulty, the government resorted to the dangerous
expedient of debasing the coinage.

355. Galba, Otho, and Vitellius. The discontent to
which Nero's misgovemment gave rise found expression
in numerous conspiracies supported by the aristocracy and
members of the senate. But Nero had little to fear from
this source. The danger lay in another quarter. The
establishment of a standing army by Augustus, with a long,
fixed term of service (cf. pp. 285 f.), and the assignment of
legions for an indefinite period to a particular province,
where allegiance to the emperor was forgotten in devotion
to their commander, had divided the empire into a group
of inchoate principalities, in each of which the soldiers
and inhabitants had begun to feel the community of their

TIBERIUS TO NERO 297

Dterests. In fact, the tendency which was developing in
lie provinces in the middle of the first century of our era,
inless it had been summarily checked, might have led to
±e immediate disintegration of the Roman Empire. The
iirst clear indication of this nationalist movement appeared
In Gaul in 68, but the defeat of the leader of the move-
ment, C. Julius Vindex, by L. Verginius Rufus, the gov-
ernor of Upper Germany, crushed it out. Rufus himself,
lowever, was proclaimed imperator by his troops. He
cleclined the offer, it is true, but not so much because
of his loyalty to Nero or the central government as on
account of his own low origin, which would probably have
frustrated any designs on the throne. No such difficulty
stood in the way of Ser. Sulpicius Galba, the governor of
Hispania Tarraconensis, who belonged 'to an old and influ-
ential family. He was proclaimed emperor by his own
troops, was supported by the German legions, when their
commander, Rufus, had positively refused to accept the
position, and through the efforts of Numpidius Sabinus,
the prefect of the praetorian guard, secured the adherence
of that force. Nero, finding himself deserted by every
one, took his own life June 9, 68. The policy of Galba
did not prove to be a wise one. He punished the dis-
affected soldiers of the German legions. He removed their
popular leader, Rufus, and estranged the praetorian guard
^y not fulfilling the promises which Numpidius had made
n his name. The legions in Lower Germany retaliated by
laming their commander, A. Vitellius, emperor, while the
Praetorian guard in Rome proclaimed M. Salvius Otho.
^alba was assassinated in January, 69 ; the senate con-
irmed the choice of Otho, and the new emperor set out
for the North to check the advance of his rival. Otho
•^as defeated at Cremona, and later at Bedriacum, and left

2Q8 imperial PERIOD: HISTORICAL

Italy and his Italian supporters a prey to the wrath an
the greed of the German legions by taking his own life i
April, 69. Vitellius was at once recognized as emperor \
the senate, and began his reign by adopting a conciliatoi
policy toward the senate and the members of the opposi
faction.

356. Extinction of the Julian Line. Naturally ve
little of constitutional or administrative significance w
done during this year of confusion. The most importa
result of the death of Nero was the disappearance of t
partially recognized hereditary principle. The recogniti
of this principle had tended to give continuity to the g(
emment. At least, the next of kin to a deceased empei
if supported by the praetorian guard, was reasonably s
of the succession. 'The extinction of the Julian line, h(
ever, opened the door to any successful commander, j
the armies in the provinces became the effective elect(
bodies. The necessity of securitig the confirmation of
senate was recognized, but the acquiescence of that b
was naturally a matter of form.

357. The Frontier Policy from a.d. 14 to 68.
successors of Augustus from a.d. 14 to 68 followed
the frontier policy which he had indicated. They stren
ened the frontiers of the empire, but made no ser
efforts to push them forward, except in the case of Bril
In the East, the reduction of Cappadocia to the form <
province in a.d. i 7 helped to protect Roman territory, j
after a long dispute over Armenia, a modus vivendi '
Parthia was reached in the year 63, under which Tiridi
the brother of the Parthian king, received the Armei
crown in Rome from the hands of Nero. Under Clau
the southern frontier was fortified, and the two Ma
tanian provinces, which had been estabUshed in 40, \

TIBERIUS TO NERO 299

•mpletely pacified two years later. In the North no
itermined effort was made to force the peoples beyond
e Rhine to recognize Roman authority, but the frontier
ie along that river was protected, and the Germans were
Lcouraged to waste their strength in internecine warfare.
Isturbances in Thrace led to its annexation as a prov-
ce in 46, and thus the Danube continued the line of
e empire to the Black sea. In the West only an impor-
nt increase of territory was made by the conquest of
►uthem Britain and its erection into a province in the
;ar 43.

358. Municipal Goyernment in Italy. One of the most
jteworthy constitutional changes under the early empire
msisted in the development of municipal government in
aly and the provinces, and in the tendency to secure
liformity, at least within a given area. The prevailing
stem adopted for the municipia in Italy was similar to
lat in force in Rome. It comprised magistrates, a senate,
id a popular assembly. The magistrates were known as
V virif formed two colleges, and were commonly called
r viri iure dicundo and // viri aedilicia potestate. They
ere chosen in the popular assembly, although elections
ere later transferred to the senate. The JI viri iure di-
mdo had the right to convoke and preside over the local
mate and popular assembly, to exercise jurisdiction in civil
id criminal cases under certain restrictions, and in coop-
•ation with the senate they had charge of the finances
id of the local military contingent. The // viri aedilicia
otestate had charge primarily of the police and of the
Liblic games. In some communities quaestors were also
losen. Otherwise minor financial duties were performed
^ the aediles. All these officials were chosen annually,
id had insignia not unlike those of the magistrates at

300 IMPERIAL PERIOD: HISTORICAL

Rome. Every five years // viri quinquennahs censoria
potestate were elected to take the census. The senate
(or do decurionum or senatus) usually comprised loo mem-
bers. A senator' held his position for life, subject to the
discretion of the censors, who made out the list of senators
on the same principle which the censors at Rome followed.
The relations which a municipal senate bore to the local
magistrates and popular assemblies were almost exactly the
same as those which the Roman senate bore to the Roman
magistrates and to the comitia. The inhabitants of the
municipalities fell into two classes, cives and incolae. Gives
were those who had the rights of citizenship by birth or by
special concession. Incolae were those who had taken up
their domicile in a town without severing their relations
with the community from which they had come. Both
classes were liable to military service and to the other
munera imposed by the community, but the cives only,
under the early empire, were eligible to office. The unit
in the popular assembly was the curia or the tribus, and
the method of voting was identical with that in force at:
Rome.

359. Local Goyernment in the Provinces. The unit of
government in the newly acquired provinces of the West:
was the municipality, and to most of these municipalities^
as they gave evidence of becoming Romanized, the iu-^
Lata was granted. Those who had held magistracies o^
a seat in the local senate received the full rights of citizea-
ship, and the adoption of this policy did much towarc3
attaching the leading families to the Roman regime. If^
Germany and the other less civilized provinces to the north*-;
the cantonal or some similar unit of government wa-*
adopted. The policy which Rome followed in the old^^
provinces of the East has already been discussed (cf

TIBERIUS TO NERO 3OI

pp. 88 ff.). Some modifications of it had been intro-

duced in the later republican period, but in most cases the

old systems of local government with the traditional titles

for the several offices were retained, except that the

financial system was reorganized.

360. Changes in Provincial Government. The govern-
ors of imperial provinces were appointed by the emperor,
administered their provinces under his supervision, and
looked to him for advancement, and one of the most
marked but natural changes of the provincial system,
during the period under consideration, is the tendency
to leave all important matters of administration to the
decision of 'the emperor. This practice comes out very
clearly some fifty years later in Pliny's letters to Trajan,
where matters of almost a trivial character were referred
to the emperor for settlement. The senate theoretically
inaintained its right to reverse the decisions of its own
governors, and on occasion actually exercised the right,
as we may infer from Pliny's correspondence (X. 56;
\ ^- 72) ; but the commanding influence of the emperor in
1 the senate, his exalted position as proconsul of a large part
I of the Roman world, and the deference shown him by the
' governors of intperial provinces could not fail to have an
^^ect on the governors of senatorial provinces also. We
^^6 Hot surprised, therefore, to find them, too, appealing to
t«e emperor for advice in difficult matters of administration.
Governors in both the imperial and senatorial provinces
^^^ to have taken more and more into their own hands the
^P^rvision of the administrative affairs of the communities
oca.ted in their provinces. In particular, as we see from
litiys letters, they concerned themselves with the economic
^^^ixs of these communities and the questions involved in
^"^ construction of public buildings and public works.

302 IMPERIAL PERIOD: HISTORICAL

^ 361. The Provincial Assemblies. A new and most
interesting political institution of the imperial period is
the provincial assembly, made up of representatives from
the communities lying within a given area. As early is the
time of Verres the commonwealth of Sicily (commune Sid-
/toe, Cic. m Verr, ii. 2. 154) chose representatives to pay
certain honors to its governor. It was left for the im-
perial cult in the provinces, however, in its development
to direct this movement toward representative government.
The cult of the emperor appeared first in Augustus's own
Ufetime in the Greek cities of Asia, and spread rapidly
through the western as well as the eastern provinces. The
imperial officials fostered it, because it knit the Roman
world together and developed a spirit of loyalty toward
the central government, as personified in the emperor.
To construct temples to him and to the Dea Roma^
and to celebrate festivals in honor of the new deities, a
provincial assembly {concilium'^ provinciae) met annually in
the principal city of the province under the presidency of
the flamen provinciae. Its main duties were of a religious
character. They consisted in arranging the details of the
imperial worship, and in imposing taxes for its proper main-
tenance on the cities of the province ; but these assemblies
also took it on themselves to discuss certain matters of
general interest to their respective provinces, and to send
deputations to the emperor to lay the results of their
deliberations before him. A large body of inscriptions
attests the activity of the concilia and shows the varied
character of the business which came before them. The
institution acquired in time some political importance (cf.
p. 372), and it is interesting because it is one of the
earliest attempts to establish on a large scale our modem
system of representative government.

,ri:

t.-

TIBERIUS TO NERO 303

Selections from the Sources

Tacitus, Ann. I. 5-VI ; XI-XVI ; Hist. I ; II. ii-ioi ; Suetonius,
Tiberius, Caligula, Claudius, Nero, Galba, Otho, Vitellius ; Dio
Cassius, LVII-LXV; Josephus, Antiq. lud. XVIII-XX; Strabo;
Velleius Paterculus, II. 124 ff . ; Plutarch, Galba, Otho; Eutropius,
VII. 11-18.

Recommendatioiis of Aogostus read in senate: Dio, LVI. 33. —

Elections given to senate (a.d. 14) : Tac. Ann. I. 15 ; Veil. II. 126. 2.

—Mutiny in Germany: Ann. I. 31 if.; Dio, LVI I. 4 f. — Minuta

maiestas: Ann. I. 72. — Curatores riparum et alvei Tiberis: Dio,

LVI I. 14. — Recall of Germanicus (a.d. 16): Ann. II. 26. — Cappa-

docia, Roman province (a.d. 17): Dio, LVII. 17. — Alliance with

Parthia (a.d. 18) : Ann. II. 58. — Death of Germanicus (a.d. 19) :

Ann, II. 69-73. — Law governing price of grain (a.d. 19) : Ann. 11.

87. — Death of Cn. Piso (a.d. 20) : Ann. III. 15. — Sumptuary laws:

Ann. II. 33; Ilf. 52-5. — Drusus, the tribunicia potestas (a.d. 22) :

Ann, III. 56-7. — L. Aelius Sejanus: Ann. IV. 1-2. — Sejanus is refused

the hand of Livia (aj). 25) -."Ann. IV. 39-40. — Tiberius retires to

Capri (a.d. 27): Ann. IV. 67. — Overthrow of Sejanus (a.d. 31):

Dio, LVIII. 1 1 ; Suet. Tib. 65. — Prosecutions : Ann. VI. 3 if . —

Financial legislation (a.d. 33): Ann. V-I. 17. — Death of Tiberius

(a.d. 37) : Ann. VI. 50 ; Suet. Tib. 73. — Gains succeeds : Suet.

Cal. 14. — Elections restored to comitia (a.d. 38) : Dio, LIX. 9. —

Prosecutions: Dio, LIX. 13, 16, 18. — Cruelties of Gains: Dio, LIX.

25-6. — Murder of Gains (a.d. 41): Suet. Cal. 58; Dio, LIX. 29.

— Claudius succeeds: Suet. Claud. lo-ii; Dio, LX. i. — Charac-

tar : Suet. Claud. 2 f ., 29 if. ; Dio, LX. 2 ; Sen. Apoc. — Reforms :

Dio, LX. 6. — Provinces of Mauretania established (a.d. 42) : Dio,

LX. 9. — Conspiracy of Vinicianus (a.d. 42) : Dio, LX. 15. — CaiQ-

paignsof Plautius and Ostorius in Britain (a.d. 43 and 50) : Dio, LX.

19-22, 30; Ann. XII. 31-40; Agr. 13 f. — Achaea and Macedonia

become senatorial provinces (a.d. 44) : Dio, LX. 24. — Treasury under

two quaestors: Dio, LX. 24. — Advocates' fees limited: Ann. XL

5-7. — Census taken (a.d. 48): Ann. XL 25. — Messalina killed

(a.d. 48) : Ann. XL 26-38. — Agrippina: Ann. XII. 1-8. — Seneca,

tutor of Domitius, son of Agrippina: Ann. XII. 8. — Claudius adopts

Domitius with name of Claudius Nero (a.d. 50) : Ann. XII. 25 f. —

Lake Fucinus: Ann. XII. 56-7. — Aqua Claudia and Anio Novus:

Frontin. de Aquaed. 13. — Death of Claudius (a.d. 54): Ann. XII.

304 IMPERIAL PERIOD: HISTORICAL

66-8. — Nero succeeds: Ann. XII. 69; Dio, LXI. 3. — Barros and
Seneca: Dio, LXI. 4; Ann. XIII. 2. —7 Nero poisons Britannicas
(a.d. 55): Ann. XIII. 16-17. — Agrippina killed (59 a.d.) : Ann. XIV.
3-8; Suet. Nero, 34. — Death of Burrus (a.d. 62) : Ann, XIV. 51.—
Tiridates accepts crown from Nero (a.d. 63) : Ann. XV. 29 ff. ; Dio,
LXIII. 2-7. — Death of Seneca (a.d. 65) : Ann. XV. 60 ff. — Vindex:
Dio, LXIII. 22. — Galba proclaimed emperor by his troops: Dio,
LXIII. 23. — Vindex defeated: Dio, LXIII. 24. — Death of Nero
(a.d. 68) : Suet. Nero, 47-9. — A. Vitellius proclaimed emperor by
his troops (a.d. 69) : Hist. I. 56-7. — Galba adopts Piso : Hist. I.
14-19. — Otho declared emperor by praetorian guard : Hist. I. 27 f. —
Death of Galba : Hist. I. 41. — Bedriacum: Hist. 11. 40-45. — Death
of Otho: Hist. II. 46 ff . ; Dio, LXIV. 15. — Vitellius recognized at
Rome: Hist. II. 55. — Character: Hist. II. 62, 73 ; Dio, LXV. 3.

Selected Bibliography^

A. Stahr, Tiberius. Berlin, 1873.

G. Boissier, L'opposition sous les Cesars. Paris, 1892.

H. Lehmann, Claudius und Nero und ihre Zeit, Vol. I. Gotha,

1877.
Sievers, Studien zur Geschichte der romischen Kaiser. Berlin, 1870.
R. Bompard, Le crime de l^se majeste. Paris, 1888.
Guiraud, Les assemblees provinciales dans Tempire romain. Paris,

1887.
Hirschfeld, Zur Geschichte des rom. Kaisercultus, in Sitzungsb. d.

Akad. d. Wissensch. zu Berlin, 1888, 2ter Halbb. pp. 833 ff.

Supplementary Literature, i 901 -19 10

Henderson, The Life and Principate of the Emperor Nero. London,

1903.
Ferrero, Characters and Events of Roman History. From Caesar

to Nero. London, 1909.
Houdoy, Le droit municipal. Paris, 1876.
Tarver, Tiberius the Tyrant. London, 1902.

* See also p. 288.

CHAPTER XIV
THE FLAVIAN EMPERORS

362. Vespasian proclaimed Emperor. When the news
of the battle of Bedriacum and of the death of Otho
reached Rome, the soldiers took the oath of allegiance
to Vitellius, and the senate accorded him imperial honors ;
but before he had reached the city a new aspirant for the
throne had arisen — this time in the East, in the person of
Vespasian. He was proclaimed emperor in Alexandria by
the prefect of Egypt, July i, 69, and from this date he sub-
sequently counted the years of his reign. The legions in
Judaea, Syria, Moesia, Pannonia, and Illyricum supported
him, and Mucianus, governor of Syria, and his principal
lieutenant was sent into Italy. Antonius Primus, who
commanded seven legions in Illyricum, reached Italy in
advance of Mucianus, however, defeated the army of
Vitellius at Cremona in a bloody battle, marched rapidly
toward Rome, and entered the city December 20. Vitel-
lius, in attempting to escape, was seized and put to death.
On the following day Vespasian was made consul, and
received from the senate the title of Augustus and the
tribunician power.

363. Precarious Position of Vespasian. The outlook
for Vespasian, however, seemed anything but promising.
He was a man of humble birth, and, therefore, apparently
hampered by the same drawbacks which had prevented
Verginius Rufus from yielding to the temptation held out
to him by his soldiers (p. 297). He was a mere soldier,

305

306 IMPERIAL PERIOD: HISTORICAL

with no experience in civil affairs, and finally he followed
a series of pretenders, who had been set on the throne
by one array to be displaced by another. In fact, the
uprising of the troops in Germany under Claudius Civilis,
before he had ascended the throne, seemed to foreshadow
the same fate for him also.

364. The Character of Vespasian. His sterling qualities,
however, saved him from all these dangers. Indeed, from
a knowledge of his antecedents and character, one could
almost forecast the outcome of his reign and the politial
and social changes which he would strive to effect. We
have noticed that he was of humble birth. His femily
came from the little town of Reate, in the Sabine terri-
tory. His grandfather had been engaged in collecting
small debts; his father was a tax-collector. The family
stock was not unlike that of the poet Horace, and the
picture which Horace has drawn of his father may well
serve to give us a fair impression of the grandfather and
father of Vespasian. He was already advanced in life —
he was sixty years old at this time — and he had received
the hardy training of a soldier. Both of these facts must
have emphasized the traits of character which he inherited
from his immediate ancestors. Having been born outside
the city, he had none of the narrow municipal prejudice
of the native Roman. His humble surroundings in early
life, and his experience as a soldier, had made his tastes
simple and his methods direct. Then, too, if he had been
brought up in Rome, he would have felt himself bound
by the social and political traditions, which prevented
several of his predecessors from aiming directly at the
object which they wished to accomplish. The fact that
he was bom in a little country village left him free in this
respect. His obscure birth saved him also from paying

THE FLAVIAN EMPERORS 307

undue deference to aristocratic prejudice. Finally, he
inherited from his immediate ancestors shrewdness in deal-
ing with the practical affairs of life, and especially in
managing financial transactions.

365. Administrative and Constitutional Reforms during
Ms Reign. These traits of Vespasian's character found
expression in the administrative and constitutional reforms
which he introduced. His methodical tendency and his
sense of order led him to take immediate measures to
suppress the insurrection under Civilis, to restore order in
Germany, and to perfect the system of frontier defenses
on the borders of Moesia, of Pannonia, and in the East.
Most of the principalities and free states in the Orient
were made provinces, and were governed as the adjoining
countries. His regard for system led to the formulation,
though possibly not for the first time, of the constitutional
powers and privileges of the emperor in the celebrated
lex de imperio Vespasiani (cf. p. 407).- This trait in his
character led him also to make early arrangements to take
the census, and from the information which the census-lists
gave him he was able to reorganize the senate and the
equestrian order, to pick out men who were quahfied to
fill administrative positions, and to decide how and where
to levy troops. He gained exact information with reference
to the resources of the state, information which was of ines-
timable value to him in determining the most equitable
and profitable form and rate of taxation. On the other
hand, he learned the needs of the empire, in the way
of public works and public buildings. According to the
emperor's own estimate, the reorganization of the financial
system and the material needs of the empire called for
forty billions of sesterces. This enormous sum was raised
without apparently crippUng industry or exciting serious

308 IMPERIAL PERIOD: HISTORICAL

opposition. In some cases the rate of taxation was in-
creased, new taxes were levied, or larger contributions from
the provinces were required; but the greatest gain was
made by doing away with the exemption of favored classes,
and by insisting on honesty and economy in raising the
levy. Here Vespasian's clear insight into financial matters
helped him greatly.

His freedom from native Roman and aristocratic preju-
dice allowed him to make important changes in the character
of the senate and the senatorial order. Some of his prede-
cessors had aimed at creating a new senatorial aristocracy
dependent on the emperor for its position and honors, and
Claudius had gone so far as to admit men from the provinces
who had distinguished themselves, but in most cases those
who received seats in the senate were natives of the city
of Rome and ex-magistrates. Vespasian, however, freely
gave the senatorial rank to provincials, and, with that
directness of purpose which characterized him, he_did not
in all cases require a candidate for senatorial honors to
hold a magistracy, but he conferred the dignity upon him
directly. Vespasian's practice in this respect was followed
by his successors, and from the time of Domitian this
imperial prerogative was freely exercised. The senatorial
order thus ceased to be a Roman aristocracy ; it was no
longer based, even formally, on republican tradition. It
was an aristocracy of the empire, whose privileges were
within the gift of the emperor. This policy of conferring
privileges and honors upon deserving persons throughout
the Roman world was carried down into the lower strata
of society also. The rights of Latin citizenship were given
to all the hitherto subject communities in Spain, and to
some among the Helvetii. The practice of bestowing the
rights of citizenship and the privileges of senatorial rank

THE FLAVIAN EMPERORS 309

vincials is a definite part of the Flavian policy, and
'S nothing did more to develop throughout the empire
r of interests and a loyalty to the central government,
who had received these honors were proud of them,
ateful to the ruler who gave them. Those who had
tained them were anxious to prove their fitness to
i them. The fruits of this generous policy toward
ovincials are seen in the Spanish origin of Trajan,
in, and M. Aurelius, and in the Gallic origin of
nus.

power which Vespasian exercised in raising private
s to senatorial rank took from the magistracies the
: part of the importance which they had" had under
rly emperors. It was no longer necessary to hold
stracy in order to be admitted to the senate. The
:e of holding the consulship for only two months
laterially lessened the dignity of that office, which
11 further diminished by the encroachment of various
al offices.

. The Reign of Titus. With all his care in defining
wers of the emperor, and in introducing system into
:airs of government, Vespasian had not settled the
)le of the succession. At his death, however, in the
M of the year 79, it was rather a theoretical than a
:al question. He had secured for his son Titus a
Df vantage, by making him prefect of the praetorian

by granting him the tribunician power in the year
allowing him to receive the title of imperator after
:cess in Judaea, and by making him his colleague in
nsorship and the consulship. The reign of Titus,
extends through a period of only about two years,
:arcely long enough to enable us to estimate the
ter of his administration. He seems to have been

3IO IMPERIAL PERIOD: HISTORICAL

an amiable and mild ruler. His kindness to the people of |
Campania after the eruption of Vesuvius shows this plainly
enough. But this amiabiUty of nature had its unfortunate
side. It led him to spend large sums of money to amuse
the people, without counting the cost or considering the
unfortunate precedent which he set for the future. He
held the power firmly in his own hands, however, neither
recognizing the historic claims of the senate nor admitting
his brother Domitian to a share in the government.

367. The Drift toward Monarchy under Domitian. The
theory upon which the government of Augustus was based,
that the Roman world was under the joint control of the |ft
princeps arid the senate, had been seriously undermined by
the reorganization of the senate under Vespasian, and the
subordination of that body and of the whole senatorial
order to him. Domitian, who ascended the throne in
September, 81, rejected completely the theory that the
princeps and the senate jointly ruled the state, that the Iq
government was a dyarchy, as it has been called, and took |ii
a long step toward the establishment of the monarchy.
He was an autocrat by instinct, and consistently followed
the policy of keeping the supreme power entirely in his
own hands. In the fourth year of his reign he had himself
made censof for life. He did not take this office, as his
father had done, for the sake of reorganizing the finances of
the state, but solely, or mainly, for the purpose of control-
ling the appointment of senators. In this way he was able
to degrade his enemies and to fill the senate with his sup-
porters. He also formally claimed the right of sitting in
judgment on senators charged with capital offenses. In the
year 84, in which he took the censorship for life, he had
himself made consul for a period of ten years, a step which
indicated his intention of taking from his colleagues in that

3dC

THE FLAVIAN EMPERORS 3II

office even an apparent equality with him. The same
intention is obvious in his decision to reserve for himself
the laurel wreath, and in his assumption of certain unusual
insignia of office. His autocratic attitude shows itself also
in the fact that he tolerated no favorites, and that he did
not rule through ministers. In feet, constant changes were
made in the personnel of the imperial household. In this
respect his course is in contrast to the policy of the tyrants
who had preceded him, like Tiberius and Nero. This
theory of government puts on the ruler's shoulders the
responsibility for the mistakes which may be made, as well
as for the wise measures which may be taken, and Domitian
seems to have felt the' responsibility and to. have tried in
many respects to do his duty conscientiously. The same
deliberate purpose to rule alone, reinforced perhaps by the
dread of a military uprising, led him to divide the pro-
vincial armies in such a v/ky that not more than one or two
legions should be under the command of a single general.
It was probably a desire to maintain his prestige in all fields
of activity, and his knowledge of the fact that success in
arms still offered the surest road to popularity, which led him
to take charge in person of the military operations against
the Chatti in 83, and in Moesia in 86, and to celebrate a
triumph on his return from the first expedition.

368. Social and Economic Reforms. As has been said,
Domitian accepted conscientiously the responsibility which
his attempt to hold all the power in his own hands laid
upon him. He worked faithfully, though not always wisely,
to improve the moral, religious, and economic condition of
the people in Italy and the provinces. The Julian laws,
passed to protect the purity and integrity of family life,
were vigorously enforced, and, like Augustus and Tiberius,
Domitian strove to stimulate the religious life of the people

312 IMPERIAL PERIOD: HISTORICAL

by building temples and by restoring the dignity of the
priesthoods. To combat the tendency towards luxurious
living he adopted the eccentric policy of discouraging and,
in some cases, of forbidding the cultivation of the vine.
All these measures for the moral and religious improve-
ment of the people naturally met with little success, but his
reforms in the judicial system and in the army were of
more importance. In particular, the administration of
justice profited greatly by his watchful supervision of the
courts. His management of the finances of the state,
which seems to have been in the main wise and econom-
ical, enabled him- to construct many important buildings
and public works and to restore others which needed
repair. The jealous watch which he kept on provincial
governors in most cases fostered justice and economy in
the government of the empire outside of Italy.

369. Domitian* 8 Jealousy and* Tyranny. In spite of all
this, however, Domitian was a tyrant, and a tyrant with cer-
tain traits of character which always make autocracy odious.
His inordinate ambition and unscrupulous selfishness, which
had prevented his father and his brother from conferring on
him the honors that he would otherwise have had, took the
form, after he had ascended the throne, of a jealous sus-
picion of any one who opposed him or won any distinction.
As in the case of several of the Julian emperors (cf. pp.
289 f., 295 f.), his life falls into two periods. Before the
uprising under Saturninus in 88 his policy was reasonably
mild. After that event he pursued those who opposed
him, or excited his suspicion, with a vindictiveness which
knew no bounds. The fact that he was childless, and
hence that the way to the throne seemed open to any ambi-
tious aspirant, probably increased still more his suspicion of
any one whose ability raised him above the common level.

d
t

THE FLAVIAN EMPERORS 313

fell by the hand of members of his own household in
:ember of the year 96.

70. Military Operations of the Flavian Period. The
rder which had prevailed throughout the Roman world
he year preceding the accession of the Flavian em-
)rs was repressed within a year or more after Vespasian
inded the throne. This spirit of unrest showed itself
'ontus, Britain, Moesia, and on the banks of the Rhine,

both native peoples and legionaries joined in several
he movements. The most serious of these uprisings

that of various German and Gallic tribes under Julius
lis, which was also supported by the Roman legions in
vicinity. It seems to have been an expression of the
Dnalist feeling (cf. pp. 296-7), for the Remi, who were
:emed in the movement, tried to convoke a Gallic
3nal assembly to lay plans for the future; but at the
•oach of Petilius Cerialis, one of Vespasian's lieutenants,
ird the close of the year 70, the various rebellious
Dies submitted one after another, and the Roman troops
med to their allegiance. At about the same time the
in Judaea was brought to an end by Titus, and the city
erusalem was taken. For years religious teachers had
1 going up and down in the land prophesying the
roaching triumph of the Jew over the Gentile, and the
e religious and racial hostility which resulted found
•ession in wholesale massacres of Jews and their ene-
> in Judaea and outside of it. The Roman officials
5 incapable of dealing with the secret organizations
:h the Jews formed, and the supine governor of Syria,
ius Gallus, allowed matters to drift until open war
:e out in 66. Thereupon Nero intrusted the conduct
ffairs in Judaea to Vespasian. For four years more the
5 held out against the Roman legions, but in 70 Titus

314 IMPERIAL PERIOD: HISTORICAL

took Jerusalem, and Judaea for the second time was made
a separate province. Perhaps the greatest extension of
Roman territory was made in Britain, as a result of the
successful campaigns of Cerialis, Frontinus, and Agricola.
At the close of Nero's reign, Roman authority was recog-
nized as far north as Lincoln and Chester. Agricola
pushed his conquests to a point considerably farther north
and even carried on a successful campaign in Scotland.
The most serious danger from without, which threatened
the empire during the Flavian period, came from the
Dacians, who crossed over into lower Moesia, under then-
leader, Decebalus, and defeated the governor, Oppius Sabi- fiM
nus, as well as the prefect of the guard, Cornelius Fuscus.
The Romans seem at first to have underestimated the
fighting qualities of the enemy and the size of the coalition
formed against them, for they suffered repeated disasters.
The result was that, after the Dacians had been joined by i^^
the Quadi, Sarmatians, Marcomanni, and other peoples in
that region, Domitian was forced to make peace on the
basis of certain annual gifts to the Dacian king, although |:'l
the latter, on his side, probably acknowledged in some
measure the suzerainty of the Roman emperor. The revolt
in the year 88 of L. Antonius Satuminus, the governor of
Upper Germany, excited a greater alarm in Domitian's
mind than the more serious difficulty on the Danube, and
although it was suppressed within a few months, it per-
manently affected the character of Domitian's reign (cf.

p. 312).

371. General Changes in Provincial Government. The

most important changes made in the division of the prov- I

inces between the emperor and the senate in the Flavian ^

period were the assignment of Sardinia and Corsica to

Vespasian, and the union of Achaea and Epirus, which

3"
es

THE FLAVIAN EMPERORS 315

Nero had declared independent states, into a senatorial
province. Moesia was divided into two provinces, Upper
and Lower Moesia, by Domitian. Galatia was added to
Cappadocia by Vespasian and put under a consular legate.
But the most noteworthy administrative change in the prov-
inces consisted in the movement to introduce a uniform sys-
tem of government, by the reduction of principalities and
suzerain states to the form of provinces. This change was
made especially in the Orient, where several principalities,
like Commagene and Judaea, were placed directly under
a Roman governor. Egypt, however, still maintained its
anomalous position as the personal domain of the emperor.
It was ruled by a prefect of equestrian rank, and the admin-
istrative system of the Ptolemies was still retained.

372. Improvement in the Condition of the Provincials.
Vespasian's skill as an organizer, and Domitian's jealous
supervision of provincial governors, alike contributed to
the prosperity of the provinces. By the elevation of their
most distinguished citizens to the senatorial order (cf.
pp. 308-9), and by the grant of Latin rights to native
communities, they were made to feel themselves integral
parts of the empire and not dependencies, and their mate-
rial prosperity was promoted by the judicious construction
of public roads and pubUc works and the improved man-
agement of local finances. In Baetica alone i2p cities
received the ius Latii under the Flavian emperors. The
extant charters of Salpensa and Malaca, in this province,
give us a clear idea of the nature of the government estab-
lished in these communities. Paradoxical as it may seem,
hand in hand with this extension of self-government there
seems to have developed a tendency on the part of pro-
vincial governors to concern themselves more and more
with local affairs (cf. p. 301).

3l6 IMPERIAL PERIOD: HISTORICAL

Selections from the Sources

Tacitns, Hist. II. i-io ; III-V, and Agricola; Josephas,M.|
lud. III ff. ; Dio Cassius, LXVI-LXVII ; Suetonius, Vespasiatmy
Titus, and Domitianus.

Vespasian proclaimed emperor in the Orient (69) : Tac. Hist II.
80-81. — Battle of Cremona (Oct. 69): Hist. III. 22-33. — Disordenii
Rome (Dec. 69): Hist. III. 69-74. — Vespasian made emperor (Dec
21, 69) : Hist. IV. 3; Dio, LXVI. i. — Revolt under CiviUs (69-70)
Hist. IV. 14-37; 54-79; V. 14-26. — Titus takes Jerusalem (70)
Jos. Bell. lud. VI. 8. 4-5. — Vespasian enters Rome (70) : Hist. I\
53. — Improvements in Rome : C. I. L. VI. 931 ; VI. 1238 ; VI. 1255

— Latin rights to Spain (74) : Plin. N. H. III. 30. — Death of Vet
pasian and accession of Titus (79): Suet. Vesp. 24; Dio, LXVI. i;

— Eruption of Vesuvius (79): Plin. Ep, VI. 16 and 20; Dio, LXV
21-3. — Relief for Campania: Dio, LXVI. 24. — Campaigns!
Britain: Tac. ^^. — Death of Titus: Suet. Tit. 11 ; Dio, LXV
26. — Charters of Salpensa and Malaca (82-4): C. I. L. II. 1963-

— Domitian consul for 10 yx%. (84): Dio, LXVII. 4. — War again
Dacians, etc. : Dio, LXVII. 6, 7, 10. — Death of Domitian (96) : Di
LXVn. 15-17.

* Selected Bibliography*

J. Asbach, Romisches Kaisertum u. Verfassung bis auf Traia

Koln, 1896.
Chambalu, De magistratibus Flaviorum. Bonn, 1882.
Chambalu, Flaviana, Philol. XLIV (1885), pp. ic6£E. ; 502 £E., a

XLV (1886), pp. 100 if.
Hirschfeld, Untersuchungen auf dem Gebiete der romischen V

waltungsgeschichte, Bd. I. Berlin, 1876.
Frz. Pichlmayr, T. Flavius Domitianus. Eriangen, 1889.
Gsell, Essai sur le r^gne de I'empereur Domitien. Paris, 1894.

^ See also pp. 288, 304.

CHAPTER XV
FROM NERVA TO SEPTIMIUS SEVERUS

373. Werva. It is not clear what influences led to the
choice of M. Cocceius Nerva as emperor, but he was prob-
ably supported by the conspirators who had overthrown
Domitian. His reign lasted only two years, and there
"were no important constitutiohal or administrative changes
in it. He was able, however, to right many of the abuses
which had grown up under his predecessor. Prosecutions
for Ihse-majeste were, forbidden, and the impoverished con-
dition of the people in Italy was somewhat relieved by
loaning money to needy farmers, at a low rate of interest,
for the purchase of land.

374. Trajan. On the death of Nerva in January, 98,
M. Ulpius Trajanus, the governor of Upper Germany, whom
Nerva had adopted the year before, succeeded to the throne
without opposition. Trajan, like his predecessor, was punc-
tilious in his treatment of the senate. He renounced the
right to try senators on capital charges. He encouraged
freedom of speech at the meetings of the senate, and in
general carefully observed the fiction of the dual control
of affairs by the emperor and the senate. In fact, during
his prolonged absences from Rome, the senate acquired
some importance as a legislative body in administrative
matters. In his dealings with the magistrates he showed a
similar regard for republican traditions by accepting the
consulship only four times during the nineteen years of his

318 IMPERIAL PERIOD: HISTORICAL

reign, whereas Domitian had been consul ten times during
his reign of fifteen years. He checked delation, as Nerva
had done, and reformed the laws governing prosecution for
treason. The result of his attempts to carry out Nerva's
plans to improve the condition of the farmers, and to in-
crease the free population of Italy and the outcome of his
policy, and that of his successor, of remitting taxes, and of
encouraging the construction of public buildings in the small
towns, will be considered in another connection.

375. Hadrian. By far the most important administrative ,3-.
change which Hadrian made consisted in the introduction ^
of a bureaucratic system into the civil service, with its fixed ^-^
gradation of offices and corresponding order of promotion.
The fiinctions of each official were carefully marked out,
and the government took into its own hands certain mat-
ters, like the collection of taxes, whiqh before had been
wholly or in part managed under private contract. Hadrian
made some important changes in the judicial system also.
He chose eminent jurists as members of his consilium^ made
it a permanent body, and increased its judicial fiinctions.
He took away from the republican magistrates the jurisdic-
tion in civil cases which they had exercised throughout
Italy and gave it to four imperial officials, later known as
iuridici. In this connection may be mentioned the codifi-
cation in a single edict by the jurist Salvius Julianus of the
principles and forms published by praetors and curule
aediles, in so far as such principles were still in force. The
provinces received as careful attention from him as Italy
did, and his long journeys, covering ten years of his reign,
into all parts of the empire made him familiar with their
condition and their needs. Having no children, he adopted
in 136 L. Ceionius Commodus Verus, giving him the title
of L. Aelius Verus. In 138, on the death of Aelius, Hadrian

NERVA TO SEPTIMIUS SEVERUS 319

lamed as his successor T. Aurelius Fulvus Boionius Arrius
Antoninus, who was known after his adoption as T. Aelius
Hadrianus Antoninus. Hadrian died the same year.

376. Antoninus Pius. Antoninus, or Antoninus Pius,
as he is commonly called, does not seem to have lacked
strength of character. The energy with which he checked
the plans of the senate to pass certain measures reflecting
on the reign of his adoptive father would disprove such a
theory. But he lacked the restless spirit of his predeces-
sor, his breadth of view, and his power of initiative. He
bad no ambition to extend the limits of the empire, nor to
introduce Important administrative reforms. To insure the
succession he had been required to adopt M. Annius Verus,
jnown later as M. Aurelius Antoninus, and also the son of
L. Aelius Verus, who was given the title of L. Aelius Aurelius
[^ommodus. It does not seem to have been the purpose
)f Hadrian to grant equal powers to the two heirs of Anto-
linus, but rather to insure a peaceful succession in case
VI. Aurelius should die. At all events, Antoninus Pius
:hose the latter as his associate in the government, and,
ust before his death in 161,' plainly indicated him as his
luccessor.

377. M. Aurelius. But, immediately after his acces-
sion to the throne, M. Aurelius raised L. Aelius to a
x)sition of like power with himself, and the equal authority
)f the latter was recognized up to the death of Aelius in
[69. Seven years later M. Aurelius made his own son,
L. Aurelius Commodus, his colleague, and father and son
leld the imperial authority together until M. Aurelius died,
n 180. This interesting reversion to the republican prin-
ciple of collegiality had its administrative advantages. The
R.oman empire extended over so wide an area that* a divi-
;ion of the territory between two rulers, acting in harmony.

320 IMPERIAL PERIOD: HISTORICAL

would be to the advantage of both sections, and this was
what the joint rule of M. Aurelius and L. Aelius amounted
to. The supervision of M. Aurelius was largely confined to
the West, that of his brother to the East. One may well
question whether such an exercise of autocratic power by two
emperors would be workable in ordinary cases, but in the
two cases mentioned the family relations existing between
the joint rulers made rivalry improbable and prevented a
serious conflict of authority. The amiable disposition and
the philosophic tastes of M. Aurelius had a good and a bad
influence on the character of his reign. On the one hand,
they made him strive to ameliorate the condition of the
slaves, to interpret the law in accordance with its spirit
rather than its letter, and to treat the senate with consid-
eration. On the other hand, he showed an unwise gen-
erosity in giving largesses, in increasing the number of
those who received help from the state, and in remitting
taxes. His peaceful tastes also prevented him from giving
necessary attention to the needs of the army and to the
loyalty of his generals. The unwisdom of this neglect was
made clear before his death by the uprising under Avidius
Cassius, the governor of Syria.

378. Commodus. Commodus revived the evil memo-
ries of the later Julian emperors. During the greater part
of his reign, which extended from 180 to 192, he was under
the influence of favorites. The prefect -Perennis held the
reins of government from 180 to 185, and the freedman
Cleander from the downfall of Perennis to 189. The
overthrow of Perennis was due to the discontent which was
excited in the army by his attempt to substitute knights
for senators in important military commands. Cleander
owed his downfall to his general unpopularity and to
the machinations of his political enemies. Perennis had

NERVA TO SEPTIMIUS SEVERUS 32I

executive ability and was in the main patriotic, but the loose
delegation of almost autocratic power to a single individual,
whose position was determined neither by law nor by tradi-
tion, and the encroachment of court favorites on the func-
tions which belonged to established officials, could not fail
to result in disorder and maladministration and to under-
mine the. official system which Hadrian and his successors
had so carefully elaborated. In the end Commodus, who
had given himself up completely to the pursuit of pleasure,
fell by the hands of the court favorites, to whom he had
intrusted the government.

379. Pertinax and Didius Julianus. P. Helvius Perti-
nax, whom the conspirartors placed on the throne, was like
"Vespasian a man of humble birth, and had Vespasian's
shrewd knowledge of affairs and his ability as an organizer.
Although he was emperor for only three months, his success
in reforming the finances was remarkable, but his economi-
cal and upright management of affairs displeased the court

' officials and the soldiers in the city, who had been accus-
tomed to the gratuities of Commodus, and he was murdered.
A senator named Didius Julianus, who surpassed all other
aspirants for the throne in his promises to the praetorian
guard, was invested with the purple. But the break in the
succession, and the unpopularity of Didius Julianus in
Rome, encouraged L. Septimius Severus in Pannonia, Pes-
cennius Niger in Syria,. and Clodius Albinus in Britain, to
lay claim to the throne. Septimius Severus was nearer Italy '
than his rivals, and, without meeting serious resistance, made
himself master of the peninsula and of Rome. The fright-
ened senate condemned Julianus to death, and Septimius'
Severus was proclaimed emperor in the summer of 193. :^

380. The Senate during the Second Century. The con-
stitutional relations which the senate bore to the emperor

322 IMPERIAL PERIOD: HISTORICAL

at the beginning of this period when Nerva ascended the
throne were unchanged at the accession of Septimius
Severus. All of the emperors of the second century, with
the possible exception of Commodus, treated the senate,
however, with consideration. They encouraged also the
free discussion of matters brought before it, so that the
senate practically reverted to the position which it had
held under the monarchy and the early republic, andlri
became the consilium of the chief-magistrate. Its failure la:
to assert its independence seems to have been due in part |i:|
to the fact that it was overawed by the comprehensive
powers of the emperor, and in part to the bitter experiences ji«
which many of its members had suffered under some of the
earlier emperors, — experiences which made individual
senators more anxious to protect their lives and their per-
sonal privileges than to uphold the traditional powers of
the senate as an independent branch of the government.
The passage of the formal act creating a new emperor was
still the prerogative of the senate, but there is no case
during this period in which the selection of the emperor
was left to its free choice.

381. The Equestrian Order. The members of the eques-
trian order gained greatly by Hadrian's reorganization of
the civil service, since many of the important positions
closely connected with the emperor's person were put into
their hands. Hadrian also freely jnade knights members
of his consilium^ and Perennis, the favorite of Commodus,
even tried the unsuccessful experiment of giving them
important mihtary commands. The senatorial order was
deeply offended at these encroachments on its preroga-
tives. It is important to notice that all of these changes
indicate the drift toward a leveling of the classes and
foreshadow the coming absolutism.

NERVA TO SEPTIMIUS SEVERUS 323

382.' The People. The people counted for little poUt-
ically during this period, except so far as the popular
dislike of an emperor might encourage some rival to at-
tempt his overthrow, as happened in the case of Didius
Julianus. The interest of the Italians in municipal poli-
tics was also d)dng out, and it was difficult to find candi-
dates for the municipal offices. This state of things was
partly due to the heavy financial burdens imposed on
municipal magistrates and partly to the encroachment of
imperial officials on the traditional functions of the local
magistrates. Furthermore, the people of Italy were so dis-
inclined to military service that little attempt was made to
recruit the army from this quarter. As a consequence, the
great mass of the Italians had no share whatever in civil
or military affairs. They became incapable of governing
or of defending themselves, and their horizon was limited
by their own personal interests. This period is character-
ized, however, by an improvement in the condition of
freedmen, slaves, orphans, and the aged poor. Freedmen
were given a much larger share in municipal life, and the
position of slaves before the law was greatly ameliorated.
Slaves, for instance, could no longer be put to death with-
out due process of law, nor could they be sold to a gladia-
torial trainer or a procurer at the pleasure of their owners.
These changes were largely due to the spread of the doc-
trine of the brotherhood of man, or to the recognition of
the ius naturahy as the Roman jurist styled it. The tend-
ency toward a leveling of all classes, which was a social
and political result of the exalted position of the emperor,
also had something to do with the movement. The sup-
port which the government gave to orphans and to needy
parents was inspired, partly by humane considerations, and
partly by a desire to keep up the population of Italy. At

324 IMPERIAL PERIOD: HISTORICAL

all events, the alimentatio became an important function of
the government from the time of Trajan.

383. The Provinces. The military operations of the
period under consideration fall mainly in the reigns of
Trajan and M. Aurelius. The former was a soldier by
nature. The latter had war forced on him. The most
important accession of territory during the period was
that of Dacia. The Romans must havie chafed under the
humiliating peace which Domitian had made with the
Dacians (cf. p. 314), and the existence of a strong power
across the Danube under an able leader like Decebalus
certainly threatened Roman territory to the south. The
raids of the Dacians gave Trajan a reasonable pretext for
declaring war against them in the year 10 1. After two
campaigns the country was subdued, and in 107 it was
reduced to the form of a province. Colonies were planted
in the new territory, the frontier along the Danube was
strengthened, military roads were built, and Pannonia and
Moesia were provided with numerous camps and walled
towns. This whole section was so well protected that for
sixty years perfect quiet prevailed there. But in the reign
of M. Aurelius, the Marcomanni, Quadi, and other tribes
to the north, pushed southward by the pressure of the
peoples beyond them, crossed the Danube, and even
entered Italy, carrying back with them on their return thou-
sands of captives. This incursion came at a most inop-
portune moment for the Romans. The empire was in
great financial straits ; a plague had made a serious reduc-
tion in the population, and many of the troops were
engaged in the Parthian war. M. Aurelius and his col-
league, L. Verus, took charge in person of the military
operations, but it required thirteen years to restore perfect
order on the Danube.

NERVA TO SEPTIMIUS SEVERUS 325

In the East the only permanent acquisition of this period
was Arabia, which was made a province in 106. Of the
two provinces which Trajan acquired in his brilliant cam-
paign against the Parthians in 114-5, Mesopotamia was
given up by Hadrian, and Armenia was allowed to become
a suzerain state.

In no period of imperial history did Roman civiliza-
tion spread so rapidly and take such deep root as in
the second century. The rapidity with which Dacia, for
instance, adopted Roman ideas is almost incredible. Much
of ithis improvement was due to the knowledge and admin- *
istrative skill which Hadrian applied to provincial questions.
The great civilizing agencies which he used with such effect
were roads, colonies, public buildings, and the concession
of Roman or Latin rights. In fact, the whole tendency
of the period was to place the provinces on the same plane
as Italy.

384. Signs of Weakness in the Empire. Signs of
weakness, however, were visible in the empire, especially
in Italy. Some of them have already been noticed. ' The
loss of political interest and the disappearance of civic life
in the peninsula, and the unwillingness of the Italians to
serve in the army are symptoms of decline. An equally
serious matter was the wretched financial condition of
Italy during a great part of the period. Both Hadrian
and M. Aurelius, when they ascended the throne, found
it necessary to cancel large sums which were due the
state in the form of taxes. In Hadrian's case the taxes
which were remitted amounted to the enormous sum of
900,000,000 sesterces. The large amounts which were
spent by Trajan and his successors in helping the needy
also offer a striking proof of the widespread poverty. An
explanation of the impoverished state of the people may

326 IMPERIAL PERIOD: HISTORICAL

be found in a variety of reasons. Perhaps a faulty
system of taxation and an unfortunate industrial organ-
ization are partly responsible for it, but the real diffi-
culty undoubtedly lay in the lack of energy and the
incapacity of the people themselves, and in their tendency
during times of prosperity to assume financial responsi-
bilities which they could not maintain when unexpected
demands were made on their resources. The first fector
we have already had occasion to notice. The emperor
Hadrian was largely responsible for the second evil. Under
his encouragement, and following his example, the small
towns all through Italy and the provinces during the
period of peace, which lasted through his reign and that
of his successor, erected costly baths, theatres, and other
public buildings and works, whose construction exhausted
their resources at the time, and whose maintenance became
an intolerable burden, when supplemented by the financial
demands made by the wars of the next two reigns. A
clear indication of the way in which things were going
is furnished by the debasement of the coinage under
M. Aurelius. Thus, at the moment when Rome needed
all of her resources to stem the tide of invasion, the state
was almost bankrupt. The condition of affairs outside the
empire also grew more and more threatening as the period
drew to a close. The peoples fi'om the north were press-
ing down toward Italy, and the pressure was so strong
that many barbarian communities were allowed to settle in
Roman territory, even in the peninsula itself. Yet the
Roman army was not in a good condition to withstand this
pressure, because Antoninus Pius and M. Aurelius, during
the early part of his reign at least, gave little attention to
its needs, and the questionable policy was adopted of filling
its ranks with the newly conquered barbarians.

NERVA TO SEPTIMIUS SEVERUS 327

385. The Drift toward Monarchy. The formal courtesy
with which almost all the emperors of this period treated
the senate tends to conceal the fact that the theory of the
joint control of the state had almost entirely lost its mean-
ing. The contempt which Commodus showed for the sen-
ate, however, brought out clearly the true state of affairs.
It showed plainly that the independent cooperation of the
Senate with the emperor was a fiction, which could take on
the semblance of reality only under emperors like Anto-
ninus Pius or M. Aurelius. The whole drift of the period
>vas toward the elimination of the senate from the control
of affairs. Neither in the choice of an emperor, nor in the
management of affairs after he had ascended the throne,
could it play an effective part. The theory of the suc-
cession rested on two irreconcilable things — heredity, or
adoption, and the free choice of the senate. These two
methods of selecting an emperor could not be followed at
the same time. As a consequence, the weaker power, the
senate, jdelded, and accepted the candidate thrust on it.
As for the control of the state during the reign of an
emperor, Hadrian's bureaucratic system made such thor-
ough and systematic provision for the administration of
affairs that little or no place was left for the senate or for
the old republican magistracies.

Selections from the Sources

Scriptores Historiae Augustae; Marius Maximus; Eutropius;
Orosius; Herodianus; Sextus Aurelius Victor.

Reforms of Nerva : Dio, LXVIII. 2. — Indigent children succored :
Aur. Victor, Ep. 1 2 ; Plin. Panegyr. 28. — Election of magistrates
in senate made secret (100): Plin. Ep. III. 20. — The capital of
Bacia taken by Trajan (102): Dio, LXVIII. 9. — Second Dacian
campaign (105-7): Dio, LXVIII. 10 ff. — Parthian war (114-117):

328 IMPERIAL PERIOD: HISTORICAL

Dio, LXVIII. 17-33; Eut''- VIII. 3. — Accession of Hadrian: Dio,
LXIX. i; Eutr. VIII. 6; Ael. Spart. vita Hadr. 4. — Territorial]
acqaisitions of Trajan given up: Eutr. VIII. 6; vita Hadr. 5; Tac
Ann, II. 61. — Hadrian's ttavels: vita Hadr, 11-14; Dio, LXIX.
9-1 1. — His severity : vita Hadr. 22-3. — Antoninus Pius adopted:
lul. Capit. vita Pit, 4. — Antoninus adopts M. Anielias and
L. Verus: ibid. 4. — Faustina called Augusta: ibid. 5. — Parthiii'
war (162-6) : lul. Capit. Verus Imp. 7. — War against Marcomami,
etc. (167-180): Dio, LXXI. 3; ibid. 7-21; lul. Capit. Ant. Phil.
12-17 J 21-7. — Reign of Commodus : Dio, LXXII ; Herod. I; Lam-
prid. w/a Comm. — Pertinax: Dio, LXXIII. i-io; Herod. II. 1-5;
lul. Capit. vita Pert, — Didius Julianus: Dio, LXXIII. 11-17;
Herod. II. 6-12; Ael. Spart. vita Jul, — Septimius Severus: Dio,
LXXIV-LXXVI; Herod. IL 13-III; Ael. Spart. vita Sev.

Selected Bibliography^

M. Pelisson, Rome sous Trajan. Paris, 1886.

De la Berge, Essai sur le regne de Trajan. Paris, 1877.

H. F. Hitzig, Die Stellung Kaiser Hadrians in der romischen
Rechtsgeschichte. Zurich, 1892.

Ferd. v. Gregorovius, Der Kaiser Hadrian. 3*6 Aufl. Stuttgart, 1884.

Julius Diirr, Die Reisen des Kaisers Hadrian. Wien, 1881.

Blidinger, Untersuchungen zur romischen Kaisergeschichte. Leip-
zig, 1868.

E. C. Bryant, The Reign of Antoninus Pius. (Cambridge Historical
Essays, VIII.)

G. Lacour-Gayet, Antonin le Pieux et son temps (Diss.). Paris, 1888.

W. W. Capes, The Age of the Antonines. London, 1876.

G. Hassebrauk, Kaiser Septimius Severus. Holzminden, 1890-91.

A. Wirth, Quaestiones Severianae. Leipzig, 1888.

A. V. Brinz, Alimentenstiftungen der rom. Kaiser (Sitzungsber.
d. k. bayr. Akad. d. Wiss., 1887, Hist. Klasse, pp. 209 ff.).

^ See also pp. 288 and 304.

CHAPTER XVI

THE EMPIRE OF THE THIRD CENTURY AND THE
REFORMS OF DIOCLETIAN

386. The Third Century. During the century which
lapsed between the accession of Septimius Severus and
he transformation of the government into a monarchy^y
Diocletian, there was no continuous forward movement in
lonstitutional development, and no new political institu-
ions of greats importance were created, so that the con-
dition of the empire may be described very briefly.

387. The Emperor and the Senate. The history of the
period brings out clearly the fact that the p^itipn^of Jhe
senate was what the emperor chose to make it. It is true
that, during the reigns of Severus Alexander, Pupienus and
Balbinus, Tacitus, and Probus, the prestige of the senate
•ecalled the palmy days of that body under the republic,
md at times during these periods it showed some of its
brmer dignity and administrative capacity. The motives
vhich led these emperors to grant to it some of its tradi-
ional powers were various. Thus, for instance, it was
pparently the conservative policy of his mother, Julia
damaea, and of Ulpian, his chief adviser, strengthened
►y a feeling that the influence of the senate might be used
o offset that of the praetorian guard, which led Severus
Uexander to delegate real power to that body. Pupienus
md Balbinus and Tacitus were ex-consuls, who represented
:he free choice of the senate, and the consideration which
they showed for that body was a natural result of the

329

330

IMPERIAL PERIOD; HISTORICAL

gratitude which they felt for their advancement. The case
of Probus is different still. Under no emperor of the third
century did the senate exercise so much real power as it
did under him. The administration of civil affairs was
left almost entirely to it. This arrangement, however,
was not due to his respect for republican or Augustan
tradition, but rather to the fact that he was a soldier, and
was engaged in campaigns against the barbarians during
his entire reign, and had no time to give to civil affain.
These apparent exceptions, therefore, merely confirm the
truth of the statement that, during the third ceiitury,
the emperor was master of the Roman world, and that the
senate exercised only such powers as he chose to delegate to
it. This fact comes out clearly enough, if we examine the
policy of the better emperors, hke Septimius Severus or
Aurelian, or of the worse ones, like Caracalla and Gallienus,
under all of whom the senate failed to secure any recogni-
tion of its authority.

388. The Army as a Political Factor. The real powers
which made and unmade most of the emperors of this
period, and largely influenced their policy, were the army
and the praetorian guard, so that the condition of things
during the three months' reign of Didius Julianus, when,
besides the recognized emperor at Rome, there were
claimants to the throne in Pannonia, Britain, and Syria, is
a fair illustration of the course of events from the death of
Septimius Severus in 211 to the accession of Diocletian
in 284. During this period of seventy- three years there
were twenty-three different emperors, almost all of whom
owed their elevation to the throne to the force of arms,
and kept their position only so long as they kept (JUtj^voT
of .iheir. armed supporters, or prevented some military rival
from acquiring too much power.

fjipQ

0-I

cc:
as

a
n

THE THIRD CENTURY 33 I

389. Administrative and Constitutional Changes. Per-
haps the most important administrative or constitutional
changes of the third century were the transformation
which the functions of the prefect of the praetorian guard
underwent, the development of the consilium, ^nd the
separation of the civil and military administrations. The
ju dicial condU um^ which had been organized on a perma-
nent basis by Hadrian (p. 318), became the most im-
portant civil and criminal court of the period. The
emperor presided in person and associated with him his
most eminent jurists. The members of this court even
accompanied him when he left the city. The most influ-
ential member of it was the praefectus praetorio. The fact
that the prefect of the praetorian guard held this impor-
tant judicial position is indicative of a great change in his
functions. Under the early empire the office was a purely
mihtary position. Even in the first century, however, as we
noticed in the case of Burrus, the influence of this prefect,
as commander of the strongest military force in the city, led
the emperor to consult him in judicial and administrative
affairs. It was natural for Hadrian, therefore, in organizing
his consilium, to give the foremost position in it to the
prefect, and for Severus Alexander to make the same
official his minister also. Henceforth military experience
was not so important a prerequisite for the prefect of the
guard as administrative ability and knowledge of the law.
The military duties of the position were largely delegated
to subordinate officials. This change is in harmony with
the tendency, which is noticeable under Severus Alexander
and Gallienus especially, to separate the civil and military
administrations in the provinces where large armies were
required. The last-mentioned change is an anticipation
of one of the reforms of Diocletian.

332 IMPERIAL PERIOD: HISTORICAL

390. The Incursions of the Barbarians during the Reig[B
of Gallienus. During the century which we are consider-
ing, the provinces were thrown into confusion by the ^j
incursions of the barbarians, and by the appearance of
usurpers, who maintained for a longer or shorter time their
sovereignty over one part or another of the empire. It
is unnecessary for our purpose to follow the fortimes of
these tyrants, or even of the emperors at Rome, through |si
jhe^^^efrtTny: Thir r eign - of Gatiienus^Jrom 260 to 268
is in some respects typical, and a sketch oT^lt will give
one a rlear, though perhaps an exaggerated, picture of
the state of affairs during the entire period which is under
consideration.

In these eight years no part of the Roman world, with the
possible exception of Africa and the islands, escaped the dev-
astating raids of the barbarians. In the East the Persians
had made a prisoner of Valerian, the father of Gallienus, and
his former colleague, and had overrun the province of Syria. |1
On the Danube the Goths entered Roman territory from
the north by land, and supplemented their land campaign
by an attack from the sea on the east, ultimately pushing
down as far as Achaea, and plundered Corinth and Athens.
In the North the AlemajiBL. broke through the barriers
along the Rhine, and penetrated as far as Ravenna with-
out meeting serious opposition. The Franks entered Gaul,
pressed down into Spain, and even made their way across
the Mediterranean to Africa. These incursions were essen-
tially marauding expeditions, and when the lust for booty
had been satisfied, the barbarians usually withdrew as
speedily as they had come. No serious loss of territpry,
therefore, resulted from them, but cities were destroyed,
the country was laid waste, and commerce in many cases
was ruined. The result was that the resources of the

THE THIRD CENTURY 333

people, already scarcely sufficient to support the burden
of taxation laid upon them, were still further impaired.

391. Usurpers during the Reign of Gallienus. The
appearance of usurpers both in the East and_ the West
(luring the reign of Gallienus, and the recognition of their
authority for a term of years over a well-defined territory,
seemed to portend the speedy dismemberment of the
empire. These nationalist movements, if we may so term
them, were a very natural result of the existing situation.
In their origin and character they were not unlike the suc-
cessful attempt which Sertorius made in the first century
B.C. to set up an independent government in Spain. The
interests of the people within a given province or group
of provinces were the same ; their foes were the same,
viz., the barbarians along their frontiers, and, since the
central government could not protect them effectually,
they felt it necessary to organize for their own defense.^
The provincials and soldiers, too, looked to the governors
of the respective provinces for leadership. The sense of
loyalty toward the emperor, far off in Rome, was seriously ^
impaired. It was a very easy thing, therefore, for ambi- ^
tious generals to usurp powers and titles which did not
legitimately belong to them.

The most notable cases of the sort are those of Postumus
4n Gaul and Odaenathus in Palmyra. Postumus, after driv-
ing back the Franks, was saluted as emperor by his troops ;
but instead of marking against Rome, as other' aspirants
for imperial honors had done, he set up an independent
government in Gaul, established a court, appointed his own
. generals, and took the titles of consul and pontifex maxi-
mus, like the emperors at Rome. He maintained his
position from 258 to 268, and Tetricus, the governor of
Aquitania, who succeeded him after a brief interval of

... V

334 IMPERIAL PERIOD: HISTORICAL

confusion, seems to have added Spain to his empire. The
vigorous measures of Aurelian, however, and the mutinous
conduct of his own troops, forced him to resign his authority
to the central government in the year 273.

Postumus and Tetricus were never formally recognized
by Gallienus, but this cannot be said of Odaenathus in the
East. The entire charge of Asia, with the power to appoint
governors and generals, was given to him, and the titles of
king and queen of Palmyrt, which he and his widow
Zenobia respectively took, do not seem to have been dis-
puted in Rome. Odaenathus had recognized the authority
of Gallienus, but Zenobia threw off Roman authority and
invaded and subdued Egypt in 269. She took the title of
Augusta, and her son that of Augustus. Her triumph, how-
ever, was of short duration. Her troops were driven out of
Egypt by Probus, the future emperor, in 271, and the city
of Palmyra was taken in the following year.

392. The Restoration of Order. The weakness of the
central government and the state of confusion in the
empire were at their worst during the reign of OaHientrsr
With the accession of Claudius iii 268 an improvement set
in. Although the raids of the barbarians continued inter-
mittently for many years, they were more quickly checked
than they had been before, so that when Diocletian ascended
the throne in 284, the continuance of the empire and its
unity were assured, at least for a time. The province of
Dacia, however, was given up, and the Rhine and the
Danube were henceforth taken as the linjits of the" empire
to the north.

393. The System of Diocletian. With the accession of
Diocletian in 284 a new epoch begins. He frankly broke
away from republican tradition, substituted a monarchy for
the nominal dyarchy of the three preceding centuries, and

THE THIRD CENTURY 335

reorganized completely the civil and military administrative

systems of the empire. —

394. The August!. His scheme of government involved
the appointment of two emperors who bore the title of
Augusti, The republican principle of coUegiality was fully
recognized in the relations which they bore to each other.
All laws and edicts were issued in the name of both, and
all appointments to office were thought of as coming from
them conjointly. In point of fact, however, Diocletian
made Nicomedia his capital, or rather his headquarters,
and confined his attention to the East, while his colleague,
Maximian, ruled in the West, with Milan for his seat
of government. This arrangement, therefore, involved
a virtual division of the empire, although its unity was
assumed in styling the territory of T>'\OQ\t\.idJi partes Orientis^
and that of Maximian partes Occidehtis, TJndef Ihjq^ old
regime the princeps exercised the right to issue edicts
whose binding force was recognized during his reign, just
as the proclamations of a republican magistrate were valid
during his term of office. The theory of the monarchy
was essentially different. The formally expressed will of the
Augusti became the law of the land, and, like the actions
of the senate and popular assemblies in the earlier period,
continued in force unless it was annulled by a later emperor.
The logical corollary of this principle was also unhesitatingly
accepted, that the emperor could not be legally controlled
or restrained by the action of any magistrate or legislative
body. The exalted position of the Augusti was indicated
to the eye by their imperial robes trimmed with precious
stones, by the imperial diadem, and by the elaborate cere-
monial required of all who approached them. Under the
influence of the Oriental environment, within which the
seat of Diocletian's government lay, the emperor was looked

336 IMPERIAL PERIOD: HISTORICAL

Ctpon as more than mortal, and received during his lifetime
many of the honors paid to the gods.

395. The Caesares. Nine years after the accession
of Diocletian he and his colleague, Maximian, chose ti^'o
CaesareSy who stood just below the Augusti in point of
dignity. Their position was, however, a dependent one.
They had no authority except that which was conferred on
them by the Augusti, The fact that they received a fixed
salary indicates clearly enough that their powers were dele-
gated to them. These powers consisted mainly in the right
to hear appeals, and to exercise a general supervision ov^
the governors whose provinces lay within their jurisdiction.
After the appointment of the two Caesars, the Roman world
was divided between them and the Augusti on the following
basis : Diocletian took Thrace, Egypt, Syria, and Asia Minor,
andg|i6ip^^^ ^^ Galerius, the Caesar whom he had person-
ally nominated, the Danubian provinces, lllyricum, Greece,
and Crete, while Maximian governed Italy and Africa,
assigning Gaul, Spain, and Britain to Constantius.

The main purpose of l;he institution of the Caesars was
to provide for the succession^ajjjMt was a part of Diocle-
tian's plan that, when one of the Augusti died or resigned,
his position should be filled at once by the advancement of
one of the Caesars, who, at the time of their elevation to
oflfice, were adopted by the Augusti, In fact, Diocletian
intended to have the Augusti resign in favor of the Caesares
after a specified time, whereupon the latter were expected
to adopt two new Caesares,

396. The Senate. When Rome ceased To be the seat
of the central government, the Roman senate lost its
character as'.an imperial body. It became essentially an
organization with local powers. This state of things'Was
bluntly recognized by Constantine when he established a

THE THIRD CENTURY 337

senate with like .functions at Constantinople. Further-
more, Diocletian did not ask the senate- to confirm his
imperial powers, nor to approve his action in making Max-
imian his colleague. Now from the earliest times the senate
liad maintained that the control of the state returned to it
^whenever the chief-magistracy became vacant, and even
"under the empire the choice of an emperor needed the
confirmation of the senate to be constitutional. Diocle-
tian's neglect to secure its approval .was, therefore, in
violation of the theory that the senate was the ultimate
depositary of supreme power (cf. pp. 13 f.), or that it repre-
sented the continuity of the government. It, of course, lost
its power to legislate for the empire, and, since under the
new bureaucratic system the old magistracies had been
robbed of almost all their fiinctions, its electoral rights had
little meaning. Its duties consisted mainly in electing the
consules suffecti, the praetors, and the quaestors, in legislat-
ing with reference to the public games and matters affect-
ing the senatorial order, and in sitting as a court on cases,
especially those of treason, referred to it by the emperor.

397. The Republican Magistracies. Under the later
empire the old magistrates had become in. reality muni- ^
cipal officials. Their true political position was recognized
openly in Diocletian's constitution. The consul had no
other duty of importance than to preside at the meetings
of the senate ; the functions of the praetor and quaes-
tor were confined to the superintendence of the public
games, except that certain praetors exercised limited judi-
cial powers. The other magistracies disappeared. The
consules or dinar it, whose term of office expired April 21,
were appointed by the emperor, while the consules suffecti,
the praetors, and the quaestors were chosen by the senate,
subject to the approval of the emperor.

338 IMPERIAL PERIOD: HISTORICAL

398. The Administratiye System. The system^f Dio-
cletian, as elaborated by Constantine, was based upon~r
complete separation of the civil and military administra-
tions and a carefully graded-iuerarchy of officials tn eacli:^
At the head of the civil administration~~were "the-^iqur
praefecti praetorioy one of whom resided at Constantinople,
the second at Sirmium, the third at Milan, and the fourth
at Treves. They were styled, respectively, prae/ec/us prcu-
torio OrientiSf lUyrici^ Italiae^ and Galliarum, The civil
governors of Rome and Constantinople were outside the gen-
eral scheme, inasmuch as they were directly responsible to
the emperor and not to the praefecti within whose jurisdic-
tion the cities in question lay. The powers of the praefectus
praetor io were varied and fe.r-reaching. It was his privilege
to nominate the provincial governors to the emperor, to
supervise their conduct, and to suspend them from office, if
he thought it best to do so. He had the right to interpret
the law and to hear cases of appeal, and after 331 his judg-
ment was accepted as final. In particular he had complete
control of imperial finances within the territory assigned to
him. Up to the reign of Constantine he exercised certain
miUtary functions, but from that time on these functions
were lost altogether. The prefects had such extensive
powers that, as a rule, they were allowed to hold office for
a short time only.

The prefectures were divided into dioceses, and these
again into provinces. In the fifth century there were
twelve dioceses, and some of them were made up of as
many as seventeen provinces, so that the unit of govern-
ment became a very small one. The governor of a diocese,
who bore the title of vicarius, and was named directly by
the emperor, exercised with the prefect a general supervi-
sion over the governors of the provinces and the financial

THE THIRD CENTURY 339

officers of his district. The governor of a province
(Jf reuses y consularisy or corrector), like his superiors, the
'vicarius and the praefectus praetorio, had charge of civil
administration only. At the head of the military admin-
istration there were from five to ten officials who bore such
titles as magistri militum per Orientem and per Illyricum,
and under them came the territorial commanders, who
were styled duces or comites. The ducatus, or unit of
military administration, did not in all cases correspond
exactly with the provincia.

399. The Relation between the Old and the New. In
discussing the history of the empire the gradual drift
toward monarchy has been mentioned (cf. pp. 310 f.,
327). In the first 150 years of our era the movement is
especially noticeable under Domitian and Hadrian. Per-
haps the most important changes which prepared the way
for the reforms of Diocletian were the exercise of the cen-
sorial power by Domitian (cf. p. 310), the establishment
of a bureaucratic system of government by Hadrian (cf. ^
p. 318), and the gradual separation of the civil and mili-
tary administrations. These are not, however, the only
distinctive features of the new system which are to be found
in the old one. In fact, almost all the important institu-
tions of Diocletian's government existed in an undeveloped
or in a fiilly developed form in the empire of the third cen-
tury. The principle of coUegiality, carrying along with it
the practical division of the empire between two rulers, was
tried during the reign of M. Aurelius (cf. pp. 319 f.). The
practice of conferring the title of Caesar on the intended
successor to the throne goes back to the reign of Hadrian,
although it is true that under the empire a Caesar needed
the confirmation of the senate. The process of reducing
Italy to a level with the provinces, which became an

340 IMPERIAL PERIOD: HISTORICAL

accomplished fact under the new rdgime and was an essen-
tial part of Diocletian's system, had been going on for cen-
turies. The division of the larger provinces into smaller
units of government, which is a noticeable feature of Dio-
cletian's system, was carried out in many cases as early as
the time of Domitian, and many of the honorary titles and
insignia of office which Diocletian and his successors took
go back to the reigns of Domitian or Aurelian.

It is clear, therefore, that many of the features of his
system are to be found in the empire, so that, aside from
reorganizing the administration, the most important changes
which Diocletian effected consisted in breaking away from
the theory of the dyarchy, in securing formal recognition
thereby of the fact that the emperor was the sole source of
authority, and in putting the succession on a new basis.

Selections from the Sources

All freemen become citizens (212): Dio, LXX VII. 9. — Diocletian :
Eutr. IX. 19-28 ; Aur. Vict. Caes. 39 ; Lactant. de Mort. Pers. 7 if.;
Zonaras, XII. 31-2 ; Orosius, VII. 25.

Selected Bibliography ^

Th. Preuss, Kaiser Diocletian. Leipzig, 1868.

Biidinger, Untersuchungen, etc.

A. W. Hunzinger, Die diocletianische Staats-Reform. Rostock,

1900.
Karlowa, Romische Rechtsgeschichte, Vol. I. Leipzig, 1885.
Walter, Geschichte d. romischen Rechts, Vol. I. Bonn, 1845.

^ See also pp. 288 and 304.

SECTION II — DESCRIPTIVE

' CHAPTER XVII

THE EMPEROR

(a) The Successiau; conferring Imperial Powers, Titles,

Insignia; Term of Office

400. Eligibility and the Succession. In the case of
the emperor there were no specified general conditions
governing eligibility, as there were for the higher republican
magistracies, but the principle was tacitly recognized that
an emperor must be a patrician and a senator, and the '
successful candidates for the imperial purple, who did not
satisfy these two traditional requirements, were made patri- Spart. r
cians or senators, as the case might be, at the time of their Macr. 7.
election. The senate was theoretically the ultimate source

of authority in the state, so that, on the death of an
emperor, the selection of his successor rested with it.
However, most of the emperors indicated their choice for
the succession by making certain persons heirs to their
private fortunes, and by conferring on the chosen candi-
dates the proconsular imperium and the tribunician power, f
and the nomination thus indirectly made by the emperor
was invariably ratified by the senate. From the time of ^
Hadrian the title ot Caesar was given to the person Capit. v
designated by an emperor as his successor. Vi2t.Cai

401. Method of granting Imperial Powers. The essen-
tial acts in conferring the imperial power were the passage

341 ' •

342 IMPERIAL PERIOD: DESCRIPTIVE

of the lex de imperio and of the lex de tribunicia potestait,
c. Hist. I. These, measures were the joint action of the senate and the
t Fr^Arv pop^l^r assembly. The cooperation of the popular assem-
• 65 ff- bly, however, was from the outset a mere matter of form.
402. Imperial Titles. At the election of an emperor,
or shortly after his accession, various titles were conferred
upon him, some of which were purely honcn-ary, while others
implied the grant of new powers. An inscription from the
early part of the reign of Augustus {C, /. Z. III. 6070), and
another from the reign of Hadrian (C /. Z. VI. 967), may
illustrate the names and titles of the emperors during the
two periods in question. The first one reads Imperaior
Caesar Divi Filius Augustus Consul XII Tribunicia Poten-
tate XVIII Pontif ex Maximus. In the other Hadrian is
styled Imperator Caesar Divi Traiani Parthici Filius
Divi Nervae Nepos Traianus Hadrianus Augustus Pon-
tifex Maximus Tribunicia Potestate II Consul II, With
few exceptions, the emperors, at the time of their election,
substituted the title Imperator for their former praenomina.
The same word also appears again, in many cases as an
honorary title, in the latter part of the name. Caesar was
the cognomen of the Julian house, and was transferred to
the members of the Claudian family. From the time of
Hadrian its use was restricted to the emperor and his candi-
date for the succession. In the first century it stood after
the praenomen or the nomen; but later it was tisually
placed between Imperator and the praenomen or nomen.
After the indication of descent from the emperor's prede-
cessor or predecessors, and the nomina or cognomina, came
the title Augustus. This title was granted to Octavius in
27 B.C. (cf. p. 269), and was conferred by the senate on
all his successors when they ascended the throne. The
position of pontif ex maximus was held by all the emperors,

IMPERIAL SUCCESSION AND TITLES 343

1^ well as membership in the colleges of the augurs, the
i^ulonesy and the quindecemvirs. The tribunician power was
granted for life, but it was renewed from year to year. It St. R. i
is, therefore, the surest indication in any document con- ^^^*
taining the emperor's name of the year to which the
document belongs. The*consulship was held from time to
time by the emperor, at least for a part of the year, and
during these periods consul appears among his titles, with
an indication of the number of times he has taken the
office. After Trajan's reign the title proconsul was assumed St. R. i
outside of Italy, while, from the time of Septimius Severus, ^^ ' "* ^
it was borne even in Rome. Other titles '^t pater patriae y
or epithets of distinction like pius felix, were conferred
on some of the emperors. Special titles like Parthicus or
'Germanicus were taken after successful campaigns.

403. Insignia of Office. On formal occasions the emperor

sat on the subsellium of the tribunes, or on a curule chair Dio, 50.
between the consuls. His robe of office in Italy was the cSaud. \
toga prcutexta ; outside of Italy the paludamenium. From Lampr.
the time of Septimius Severus the latter was worn even in ^^ '^
Italy. Up to Domitian's reign the emperor was attended
' by twelve lictors ; later by twenty-four.

404. Induction into Office. When the emperor ascended
the throne, a sacrifice was made on the Capitol, and on the

first of January of each year the senate, the magistrates, Tac An
and the soldiers took the oath of allegiance. Augustus \ ^'' ^'
accepted his extraordinary powers for a limited" period,
but his successors held theirs without such limitation. Suet. Ti

405. The Memory of a Dead Emperor. The office became
vacant when the emperor died a natural death, or resigned,
or was overthrown. In the last instance an act was usually
passed, known as the damnatio memoriae, or a declaration
was made by the newly chosen emperor, in accordance

344 IMPERIAL PERIOD: DESCRIPTIVE

with which the wearing of mourning garments was for-
bidden, the statues of the deceased were destroyed, his
it Claud name was erased from public monuments, and his acta
4. ' were annulled. In case the judgment of the senate on a
dead emperor was favorable, he received the title of divus
and a flamen was appointed in his honor.

(b) The Powers of the Emperor

406. Legal Basis of the Emperor's Power. The powers
of the emperor, so far as they had a purely legal basis, rested
on the imperium and the tribunicia potesias. After the
year 23 B.C. Augustus ceased to hold the consulship regu-
larly, and the imperium which he exercised he held pro con-
sule. By special enactments, however, he was allowed te
retain this imperium within the city, and to rank with the
consul in the exercise of its powers. The measures which
thus interpreted and extended the imperium of the prin-
ceps and freed him from certain restrictions ordinarily put
on magistrates, were reenacted at the beginning of each
reign, and have come down to us in a fragmentary form in
the celebrated kx de imperio Vespasiani, To facilitate a
comparison of the position of the emperor with that of the
republican chief-magistrate, it will be convenient to restate
here the powers covered by the imperium under the repub-
lic, and to discuss the several functions of the emperor in |
the same order in which the similar powers of the republican
magistrate were taken up (cf. pp. 157 ff.). The iptperium
under the republic covered the right to supervise certain
matters of a politico*religious character, to represent the
state in its dealings with individuals and with other commu-
nities, to command the army and navy, to punish, to exer-
cise civil and criminal jurisdiction, to issue proclamations

POWERS OF THE EMPEROR 345

edicts, to call and preside over the senate and the
>pular assemblies, and to supervise certain administrative
atters.

407. Authority in Politico-Religious Matters. The em-
eror's magisterial right to supervise such religious matters
3 had a political side was strengthened by his election to the \
Dur great priesthoods and by his elevation to the position *
^ipontifex maximus (cf. pp. 342 f.), and was formulated in
lie lex de imperio^ which empowered him to do quaecumqiie
» . . . tnaiestate divinarum . . . rerum esse censebit. By
/irtue of this authority he had the right to name a certain
number of priests, to control the temples, and to exercise a
general supervision over religious affairs.

408. Foreign Affairs. In the management of foreign
affairs Xht princeps was supreme. The "Senate, which under
the later republic had taken such matters almost entirely
into its own hands, became purely an advisory body.
This change was merely a return to the early republican
heory, under which only the people or their authorized
epresentative, the magistrate, could carry on negotiations
dth a foreign power. The senate had usurped the func-
ions which it exercised in such matters. The powers of
he republican magistrate in this field were, however, lim-
ted by the rights of the popular assembly ; those of the
^rinceps were unlimited. This extension of the imperium
iras in all probability granted to him specifically by law.

ie was empowered on his own authority to declare war. Append. I.
o make peace, or to carry on negotiations with foreign '^°' ^°*
lations. This did not, of course, prevent him from asking
he senate for advice on such matters, or from compli-
nenting it by allowing it to discuss them occasionally.

409. Command of the Army and Navy. Qosely con-
lected with the power just mentioned was the right of the

346 IMPERIAL PERIOD: DESCRIPTIVE

o. 53- ^7- princeps to command the army and navy. He had the
exclusive right to levy and organize troops, and to direct
the movements of troops in the imperial provinces, and,
since the unsettled provinces were made imperial (of. pp.
268, 283), practically the entire army and navy of the
state were under his control. The officers were appointed
by him; the soldiers took the oath of allegiance to him,
and were paid by him. The senate retained the power to
grant a triumph, or the omamenta triumphalia. Even in
ic. Ann. the senatorial provinces the princeps had the matus imfe-
*^' rium over the proconsuls, and they looked rather to him

than to the senate for instructions. In this whole matter
again the princeps resumed the power which the king and
the chief-«iagistrate of the early republic had exercised,
but which the senate, during the period of its ascendency,
had in large part usurped.

410. Judicial Powers of the Emperor as an AppeUate
Judge. Perhaps the most important change which the
empire made, in the judicial powers of the executive was
to introduce the principle of appeal. Under the republic
this right was unknown. The nearest approach to it lay in

c. pro the veto power which the tribune seems to have exercised

• 29- Qjj j.g^j.g occasions evep in judicial matters. The appellate
power which the princeps freely used seems to have devel-
oped out of his magisterial right to exercise jurisdiction and
his tribunician power.

411. The Emperor's Jurisdiction in Civil Cases. In this
way he heard appeals in civil cases from the governors of
provinces, and from Roman or Italian magistrates. Such

let Claud, appeals were sometimes heard by him in person. Some-

io* 71. 6. times they were heard before persons delegated by him for

the purpose ; in certain cases, before the consul or praetor

at Rome, or the governor in a province. Appeals from the

POWERS OF THE EMPEROR 347

icision of a magistrate in the city of Rome were usually

mcd over to the praetor urbanuSy or later to the prae- Suet. Au

tdus urbu Appeals from the provinces were usually taken 22.' '

ifbre ex-consuls appointed to hear such cases, but later

ley came to the praefectus praeiorio, A final appeal to

le emperor from the decision of his representative was

ot forbidden, but in all probability was rarely taken. Dio, 52.

appeals were ordinarily not allowed in jury trials except

'hen there was evidence of bribery, or when there was a

mdamental legal defect in the constitution of the court

r in the conduct of the suit. The princeps could, of

ourse, hear a case in the first instance also. He was Suet. Do

ssisted by a consilium of jurists from the equestrian

nd senatorial orders (cf. p. 331). The members of this

ody received salaries ranging from 60,000 to 100,000

esterces. The princeps presided ; the consiliarii gave Suet. Au

beir opinions in writing, and the princeps rendered his xa'c. Am

ecision. ^k'°' ?

36. 1. 76.

412. The Emperor's Jurisdiction in Criminal Cases. The

lost interesting developments in the organization of the
astern of criminal courts were the recognition of the right
[^appeal, the gradual disappearance of the jury system,
id the assignment of judicial powers to the senate, and to Dio, 52.
le emperor or imperial officials. The first point has been siiet'ca
iscussed in a preceding paragraph. As for the senate, it
lems to have acquired its judicial functions first in the
ise of senators charged with capital offenses. This was a
;ry natural development. It was the aristocratic inter-
retation of the principle that a man has a right to be
led by his peers. The recognition of the principle was a
latter of much dispute, however, between the senate . and Dio, 67.
irious emperors. The senate in criminal. trials bore the '^^'^'
ime theoretical relation to the presiding consul as a jury to

348 IMPERIAL PERIOD: DESCRIPTIVE

the presiding judge, and the consul in conducting a court Itaa
which exercised the right to inflict capital punishment with- |t>t
out appeal was merely calling into existence again a pre
rogative which the king and the early consuls had enjoyed
(p. 1 6). Hence the assumption of criminal jurisdiction in
capital cases by the consul and senate was merely another
case of reversion to the early theory of the constitution.
Inasmuch as cases in which senators were concerned often
involved men belonging to other classes, especially if the
offense in question was poUtical, the criminal jurisdiction
of the senate was exercised over a greater number of per-
sons than would appear at first thought* The consul
presided, but of course the emperor exercised a controlling
influence. The senate seems to have lost its judicial powers
in the third or fourth century. From that time charges
against senators were heard before the praefectus urbt^ the
praefectus praetorio, or the provincial governors.

The emperor himself heard only cases in which the per-
sons concerned were prominent, or the matter at issue was
important. The decision rested with him alone, but he
consulted his consiliarii. Gradually the practice grew up
of conferring on imperial officials the same right to exercise
criminal jurisdiction which the emperor himself enjoyed.
In this way persons charged with the commission of crimes
in Rome or its vicinity were tried before the praefectus
urbij or in the case of minor offenses, or those of a special
character, before the praefectus vigilum or the praefectus
a?inonae. The praefectus praetorio heard such cases for
:. R. II. 270. Italy, and the governors in the provinces exercised the
same right for the territory under their control. Appeal
[in. ad Tra. could be taken, in capital cases at least, to the emperor, but
\ ^ he usually delegated the praefectus praetorio to act in his

'2f. Stead, from whose decision appeal could indeed be taken,

POWERS OF THE EMPEROR 349

It: rarely was taken, to the emperor. Thus the tribunal of
.e praetorian prefect became the court of last resort. In
LXs way the quaestiofies perpetuae were gradually crowded
It, and disappeared, probably toward the close of the
icond century of our era. The emperor and the imperial
R&cials reached their decisions without the help of a jury,
3 that the substitution of the new system for the old
ivolved the disappearance of trial by jury.

413. Edicta, Decreta, Rescripta, etc The emperor could
nfluence legislation directly or indirectly. He seems to
lave had the power, for instance, to grant the rights of
Roman or of Latin citizenship on his own authority to
ndividuals or to communities (cf. pp. 308, 315), but his
greatest influence over legislation lay in an interpretation
and amplification of existing law by issuing edicta^ decreta^
or rescripta^ which were not only applicable to the cases
immediately concerned, but furnished precedents for similar^
cases in the future. The edicta were imperial proclamations i^ig- 28. 2. 26

47. II. 6;

addressed to citizens or peregrini, and dealt particularly c. I. L. x.
with matters affecting the army, the treasury, or the food i't^'y vt
supply. The decreta were judicial decisions of the emperor. 1016;
The rescripta^ of which we hear frequently from the time Eph. Epigr.'
)f Trajan, were replies made by the emperor to important ^^-787-
Questions submitted to him for decision by imperial officers 781 ; Plin. a«
>r private individuals. '^'^- 7^' ^'

Mandata and epistulae contained official instructions
irom the emperor. To all these classes of official docu-
nents the generic term constitutiones principis was applied,
Ithough the same term was used in a more restricted
ense of documents in which a general legal principle was
tated. In this way, by interpreting authoritatively exist-
ng laws, and by supplementing them when necessary, the
jmperors preceding Diocletian, although they did not have

3SO IMPERIAL PERIOD: DESCRIPTIVE

the general power to legislate directly, exerted a conti
influence on the development of the law.
/ 414. The lus cum Patribus Agendi. The princ^
the right to convoke- the senate, to preside over it,
Tac. Ann. matters before it for consideration, or to take part

2 CO

deliberations, when it met under the presidency of a

magistrate. Even when iht princeps did not presic

business brought up by him took precedence of all

mattes. In the second century of our era, in such

Capit. Macr. as many as five propositions could be submitted 1:

before the senate took up other business. Toward t!

of his reign, when Augustus was unable to attend

meetings of the senate, he sent propositions to it in ^

form. Propositions of this sort, whether presented

or in writing, were out of courtesy adopted without c

Tac. Ann. SO that in the course of time these orationes pt

Bois^eu' 3,s they were called, were thought of as forming an

inscr. de ^-jg,! part of the law of the empire. When the e:

Lyon, p. 136. ^ ^ ^

presided over the senate, his practice differed in one
tant particular from that of the republican presiding
in that he could propose, and ordinarily did pro]
definite motion for adoptioft, whereas in important 1
the consul was expected merely to make a statemeni
business in hand (cf. p. 228) ; but whether he pres
merely exercised the rights of a senator, whether
present or absent, the influence of the princeps cor
the decisions of the senate. The authority which Ai
received in his later years to establish a political co.
has already (p. 277) been mentioned.

415. The Iu8 cum Populo Agendi. o^ugu&tus took :
own hands the control of foreign affairs. • Tiberius
ferred the election of magistrates to the senate (p
and there was a tendency to submit mattei^ for Jeg

POWERS OF THE EMPEROR 351

"to the same body, so that the meetings of the popular
assemblies were few in number, and of Uttle importance.
"Xlius the emperor's ius cum populo agendi did not amount I
"to much.

416. The Nomination of Magistrates and the Appointment
of Officials. In this connection it is convenient to mention
the emperor's practice of passing on the eligibiUty of candi-
flates for the magistracies, and of recommending certain
names to the electors (cf. pp. 275 f.). This privilege of
commending candidates was legally recognized by the lex de

' itnperio Vespasiani in these words : utique quos magistratum Append. ]
potestatem imperium curationemve cuius rei petentes senatui
populoque Romano commendaverity quibusque suffragationem
suam dederit promiserity eorum comitis quibusque extra ordi-
nem ratio habeatur. Under Augustus the recommendation
was made to the popular assemblies ; under later emperors,
to the senate. The number of candidates recommended

' under this law seems to have varied from reign to reign,
according to the degree of respect which the princeps
showed for the senate. The men thus recommended for
office were known as candidati Caesaris or Augusti, When
the princeps himself wished the consulship he could inform
the senate of that fact. The emperor, of course, had the
right to appoint imperial officials without even consulting
the senate. Such officials were, for instance, the various
procurators in the department of finance, the prefects in
the city, and the legati in the pTovinces.

417. The Finances. Under the republic the effective
control of the finances rested with the senate. In the
early period that body exercised the right to impose a
tributum or special taxes on citizens. It fixed the contri- Liv. 23. 3
butions to be made by the provinces, and although the ^^'^^' 7"
control of the ager publicus was often a matter of dispute

352 IMPERIAL PERIOD: DESCRIPTIVE

between the senate and the popular assemblies, the former,
during the period of its ascendency, legislated with reference
to its rental or sale, as Ihe case might be. In the matter
of expenditure it adopted a budget every five yeais
covering the amount to be expended by the censor on
public works, and annual appropriations were made by it

. in Pis. 5; for the provinces.

1. lug. 27. ^jg^ Division of the Treasury. Under the dyarchy these
functions were divided between the princeps and the senate.
This fact was recognized by the organization of three sep-
arate treasuries, known as the aerarium Satumi^ the^ais
Caesaris, and the aerarium militare,

419. The Aerarium Satumi. The control of the funds
in the aerarium Satumi rested with the senate, but when

:. Ann. in the year 44 Claudius took from that body the right to
ud.' 24"^ appoint the officials in charge of this treasury, its authority
>> 71- yh- in the matter became purely nominal. An appropriation
bill was necessary before 'money could be paid out, but the
passage of such a measure was merely a matter of form.
Little by little the revenues paid into the aerarium Satumi
were diverted to the Jiscus, and although the distinction
between these two departments was kept up until the reign
of Diocletian, the funds in the former grew smaller steadily,
and in the third century it became simply a municipal
treasury. After 44 the administrative officers in charge of
it were regularly appointed by the emperor.

420. The Fiscus Caesarfs. The revenues of iht fiscus
Caesaris came mainly from the rental or sale of the ager

1.52. 28; puhlicus in the provinces, from mines, from the vectigalia

q[ or stipendia paid by the imperial provinces and in some

►,53.15; measure by the senatorial provinces, from legacies left to

*bomf 9. th^ emperor, from the aurum coronarium, and from customs

duties and other indirect taxes. The funds in the Jiscus

POWERS OF THE EMPEROR 353

^^ere used to support the army and navy, to meet the
expenses of provincial administration, to build roads and
xnaintain a post system, to cover the expenditure of the .

emperor for charitable purposes, and to provide the city

of Rome with grain and water.

421. The Emperor's Private Fortune. Out of the pri-
vate fortune of the emperor his personal expenses and the
outlay necessary in maintaining the imperial household were
probably met, although a careful distinction does not seem
to have been made between the res privata and ^tfiscus.

422. The Aerarium Militare. The aerariutn militare

was established by Augustus in a.d. 6. It continued in Suet. Auf
existence up to the third century of our era. He assigned Ancyr.^3!
to it a large sum from his private fortune, and gave it a
permanent income from the tax on inheritances {vicesima
hereditatium et legatorutn) and on auction sales {centesitna
rerum venalium). Its funds were not expected to cover
the main expenses for military purposes, but were used
especially to provide for the veterans.

423. Taxation and Adjudication. It is doubtful if the
^rinceps had the right to impose new taxes. He could,

however, rate the property of citizens, and in the later
period at least he could raise or lower the rate of taxation. Suet. Dor
In the collection of taxes the contract system was gradually ' '' ^
given up. In some cases collections were made by sub-
ordinate officials attached to the office of \S\^ procuratores ; j
in other cases, where communities were required to pay a
fixed sum, the local officials made their payments directly
into the treasury. Similarly, the construction of public
works was no longer let out by private contract. Ques-
tions arising between the aerarium Saturni and citizens
were heard by the officials in charge of the aerarium, with
the right of appeal to the senate. Matters at issue between

354 IMPERIAL PERIOD: DESCRIPTIVE

the fiscus and individuals, after some variation in the
method of procedure, were also adjudicated by the treasury
officials.

424. Coinage. Under the republic the senate had the
entire control of the coinage of money. By legislation of
the year 15 b.c, however, the minting of gold and silver
coins was intrusted to the emperor ; that of copper coins
was retained by the senate.

425* The Censorial Power and Adlectio. Much of the
financial business of which the emperor took charge, siich
as the collection of the taxes and the construction of public
works, had been managed in the earlier period by the cen
sor. Another function also of the censor, that of drawing
up the list of senators, was exercised by many of the
emperors. In the first century Augustus, Claudius, Vespa-
sian, and Domitian held the censorship, the latter taking
it for Hfe. By virtue of this office they not only drew up
a formal list of senators, but men who had held no magis-
tracy they advanced to senatorial rank by the adlectio
inter quaestorios or inter tribunidosy inter praeiorioSy inter
consulareSy as the case might be; By a somewhat similar
1359. exercise of power senators of quaestorian rank were pro-
[. L. VIII. moted inter tribunicioSy and so on. The earlier emperors
:. Ann. who took the censorial power, and after Domitian all the
emperors, exercised the right of removing members from

[. L. V.

:. Ann.

25. the senate.

426. The Government of Rome. The management of the
city of Rome passed over in time entirely into the hands
of the emperor. The principal branches of the municipal
government were the police and fire departments, the
cura annonaey and the bureaus which had charge of the
aqueducts, of the construction of public buildings, and of
the banks of the Tiber and the city sewers. Augustus,

POWERS OF THE EMPEROR 355

early in his reign, took to himself the right to maintain
public order in Rome, the cura urbis, and delegated this ^
power to his representative, the praefectus urbi, during his Tac. An:
absence from the city. The organization of the /nz^r/wr«^ Suet. Au
vigilum, to put out fires and protect the city at night, Dio, 55.
was effected in a.d. 6. A famine in 22 B.C. led the same j^jq - .
emperor to make extraordinary arrangements for keeping Tac. An

'• 7*

Rome supplied with grain, but he did not organize an

imperial bureau to take charge of the grain supply until late

in his reign. Augustus took the cura aquarum in 11 B.C., ^rontin.

^id at about the same time the cura operum tuendorum. ^^' ^

In the first year of- his reign Tiberius assigned the duty of '

protecting the city against inundations to commissioners, Dio, 57.

who after Trajan took charge of the sewers also, and were ,.^7^6. "

known as curatores alvei et riparum Tiber is et cloacarum C. i. L.

C262
urbis. The details of the organization of these bureaus will vi. 1242

be considered in another connection. Only the emperor,
from the time of Claudius, had the right to extend the
pomeriutn,

427;. The Government of Italy. The process of reduc-
ing' Italy to the level of the provinces, and of making it,
like the rest of the empire, subject to the will of the
emperor, was completed in the third century of our era,
when a governor called a corrector was placed over it. The
movement in this direction had been continuous from the
beginning. Augustus had stationed a fleet at Ravenna, and Suet.Au
another at Misenum, under officers of his own appointment.
Troops for the maintenance of public order were also Suet^Ai
quartered by him at various convenient points. His com-
missioners, the curatores viarum, took charge of the public
roads. In the reigns of Trajan and Hadrian the adminis-
trative supervision of the emperor over Italy was extended
still fiirther by the establishment of the praefecturae

32; Tib.

3S6 IMPERIAL PERIOD: DESCRIPTIVE

alimentorum (cf. pp. 323 f.), and by the usurpation, on the
part of the emperor, of the right to exercise a control over
the finances of Italian municipalities. The civil jurisdiction
art. Hadr. of the officials in these towns was restricted by Hadrian,
and in the third "century criminal jurisdiction throughout
Italy was divided between the praefectus praetorio and the
praefectus urbi (cf. p. 364).

428. The Government of the Provinces. The ius po-
consulare of the emperor made him master of the imperial
provinces, and the mains imperium gave him control over
the governors of senatorial provinces. In the imperial
provinces not only the governors but the officers in com-
mand of the legions were appointed by him. The close

surveillance which he exercised over the details of admin-

- - -^

istration in his own provinces, and the tendency which
senatorial governors showed to defer to his judgment and
wishes and to follow the precedents established by him in
imperial provinces, have been noted in another connection
(p. 301). Roman citizens could appeal from the judicial
decisions of imperial governors in criminal cases to the
emperor or to his representative at Rome (cf. p. 348).
Appeals from the governors of senatorial provinces were
heard by the emperor or senate, and of course in these
cases the judgment of the emperor, or of his, counsellors,
was the decisive factor.

429. The Tribunician Power. The possession of the
tribunician power had for the emperor more of a .^Jik—
mental or traditional than legal value. Many of the con-
stitutional powers which it conferred, like the right to
convoke the senate, came to him in another way, but it did
invest his person with a sacrosanct character, and made him
the recognized champion of popular rights (cf. pp. 201 f.).
Since the sanctity of the tribune's person couldlbe violated

POWERS OF THE EMPEROR 357

>y offensive or threatening language, as well as by deeds of
violence, it is easy to see how prosecutions for minuta
maiestas under the empire (cf. p. 291) could be legally
based on this interpretation of the sacrosanct character of
the tribune's office. It is not probable that the emperor
found it necessary to use the ius auxilii or the ius inter-
cessionis directly in legislative or executive matters. The
prestige which his position gave him was so great that a
failure to conform to his wishes on the part of the senate or
of a magistrate is hardly conceivable. We have had occa-
sion to notice (pp. 346-7), however, that certain impor-
tant judicial functions of the emperor perhaps rested on
-he ius intercessionis. There is a subtle distinction under
-he imperial constitution between holding the position of
Tibune and having the tribunician power. The emperor,
>y virtue of his tribunician power,. could veto the action of St. R. 11
I tribune, but he was not himself a tribune, and his action ' ^'
:ould not be vetoed by a tribune. This distinction was
jrobably of little practical importance, however, since no
ribune would dare to oppose him. The tribunician power
vas given to the emperor for life. Augustus received it in
56 B.C., Tiberius in 6 B.C., the other emperors from the time
^hen they were associated in the government by their pre-
iecessors, or, if they were not so associated, on the day of
their accession, or shortly after it.

430. Exemption from Certain Laws. In connection
vith the tribunician power the fact may be mentioned that
:he emperor was exempted from observing certain laws.
Mthough the laws in question are not specified in the lex
ie imperio Vespasiani, the principle is distinctly stated : Append.
Mtique quibus legibus plebeive scitis scriptum fuit^ ne divus
Aug,y Tiberiusve Julius Caesar Aug., Tiberiusque Claudius
Caesar Aug, Germanicus tenerentur, iis legibus plebisque

3S8 IMPERIAL PERIOD: DESCRIPTIVE

scitis Imp, Caesar Vespasianus solutus sit, quaeque ex quaqut
lege rogatione divum Aug,, Tiberiumve, Qtc,,/acere oportuit,
ea omnia Imp, Caesari Vespasiano Aug, facere liceat.

Selected Bibliography^

F. B. R. Hellems, The lex de imperio Vespasiani. Chicago (in

press).
J. Kromayer, Die rechtliche Begriindung des Piinzipats. Strassburg,

1888.
H. Pelham, On some disputed points connected with the imperium

of Augustus and his successors, Journ. of Philol. XVII (1888),

pp. 27-52.
H. Pelham, Princeps or princeps senatus, ibid. VIII (1879), PP*

323-333-

Supplementary Literature, i 901 -19 10

Hardy, Studies in Roman History: Second Series. London, 1909.
Homo, Le domaine imperial ^ Rome. Melanges d*arch. et d'hist.

XIX (1899), 101-129.
Stobbe, Die Candidati Caesaris. Philologus, XXVII.

^ See also bibliography on pp. 173, 288, 304, 316, 328.

CHAPTER XVIII

IMPERIAL OFFICIALS
/
( (a) Ojficials Attacked to the Imperial Household

431, Imperial Officials. The organization of the differ-
ent bureaus of civil administration under the empire was
3fected gradually, and the functions of many officials
changed somewhat from one period to another, so that a
description of the powers and duties of an imperial officer
in one reign may not be strictly accurate for another reign.
Some officials even pass over from the military to the civil
side of the administration, as happens in the case of the
^raefectus praetorio ; or the opposite change takes place. In
view of this development and these changes, it will be con-
venient to have in mind especially the imperial system in
the period subsequent to Hadrian, since that emperor did
so much to organize the several bureaus of administration
,(cf. p. 318). No classification of imperial officials seems
satisfactory in all respects, but it will serve our purpose
best to group them as follows : (a) those attached to the
imperial household^ (b) judges^ (c) financial officials; those
charged with the government (d) of Rome, (e) of Italy, and
(f) of the provinces,

432. The Imperial Family and the Caesar. Most closely
attached to the person of the emperor were the members
of his own family. Since the principate was not an heredi-
tary office, they had no extraordinary powers, titles, or
honors, except as these were conferred on them by the

359

360 IMPERIAL PERIOD: DEIsCRIPTIVE

senate at the request, or with the approval, of the emperor.
The empress usually received the title of Augusta, and tbe
princes of the imperial household bore- the title of Caesar
until the time of Hadrian, who restricted it to the person
i^whom the emperor had picked out as his successor (cf.
:. Ann. p. 34 1). Upon the person selected for the succession the
^^- h; i. ifnperiutn proconsulare and the potestas tribunicia were
conferred. He was thus made in a sense a colleague of
the emperor, and is designated by Tacitus {Ann, I. 3) as
collega imperii, consors tribuniciae potestatis. The relation
was one of imperfect coUegiality, however, for, although
the prospective successor had the maius imperium over all
magistrates and imperial officials, in the exercise of both
his imperium and his tribunician power he must have been
subject to the emperor. The significance of the title of
Caesar and the passage of the two acts above mentioned
lay in the fact that they designated a certain person for,
the succession (cf. p. 341). To the Caesar sucfh honors
were ordinarily granted as the title of imperator, and the
right to participate in a triumph and to have his likeness
stamped on coins. He usually held the magistracies also
with the emperor. In the relation existing between Marcus
Aurelius and Lucius Aelius (cf pp. 319 f.), the collegiate
principle in an almost pure form was recognized, the title
oi pontifex maximus being the only one reserved by Marcus
Aurelius.

433. The Praefectus Praetorio. To the praefectus prae-
torio was committed the protection of the emperor's person,
so that, although in time his authority extended far beyond
the limits of the court, he may properly be considered as a
member of the emperor's household. Intrusted at first
only with the charge of the three praetorian cohorts at
Rome, he acquired the command in the course dTHfile

COURT OFFICIALS 361

of all the troops stationed in Italy, with the exception of Dio. 52. 3
the cohortes urbanae and one legion outside the city. The
control of this armed force in and near Rome, and the
power which it gave him to influence the succession, gave
the praetorian prefect the position which he held; next in
importance to the emperor. The execution of imperial
decrees and a general supervision of imperial officials were,
therefore, njiturally turned over to him.

His jurisdiction in civil and criminal cases has already
been noticed~"(cf.' pp. 347 ff.). These functions were a
natural development of the original powers of his office.
His position as commander-in-chief of the forces in Italy
ciarried along with it the right to exercise military jurisdic-
tion over the troops under his command. This duty called
for judicial qualities, and when the principle of appeal was
introduced it was a not unnatural thing to place him in
charge of the appellate court. In this way the office of
praetorian prefect became in the later empire more of a
judicial than of a military position, and was held by the
most distinguished jurists of the period. The legal attain-
ments of the prefect naturally gave him also the leading
place in the judicial consilium of the emperor (p. 331).
The office was restricted to knights under the early empire;

434. The Amici and Comites Augusti. 1^\\q amici Augusii .
held a semi-official position at court. They enjoyed the
personal favor of the emperor, and were employed by him
in various administrative matters. From their number he
made up in large measure his consilium, and by men chosen
from among them he was accompanied on his journeys to wilm. Ej
the provinces. In fact, comes Augusti was essentially an p^^^j.
official title, and those who were honored with it were
steadily employed on imperial business. Only senators
became comites.

■.1

362 IMPERIAL PERIOD: DESCRIPTIVe:

435. The Officials a Rationibus. The principal bureaus
attached to the imperial household were those a rationibus,
ab epistuliSy a libeliis, a cognitionibus, and a memoria. The |V
imperial fiscus (cf. p. 352) was managed at first by a freed-

I. L. man, but after Hadrian by a procurator Augusti a rafioni-

* ^ "*'■ bus, or a rationa/is, chosen fi-om the equestrian order.
The tahularii and other assistants in this department were
fi-eedmen or slaves.

436. The Officials ab Epistulis. The officials designated
as ab epistulis had charge of the official correspondence of
the emperor. They received despatches from governors,
generals, towns, and embassies, and put into final form the
emperor's replies. Documents intended for Greek-speaking
peoples were written in Greek, so that the bureau was

0, 71. 12 ; divided into the two sections, ab epistulis Latinis and ah

I L

.8606. epistulis Graecis,

437. The Officials a Libellis. The bureau a libellis
received the petitions and memorials addressed by indi-
viduals to the emperor, and drew up decisions or replies I
for the emperor's signature.

438. The Officials a Cognitionibus. The officials a cog-
nitionibus were charged with collecting information and
preparing opinions for the emperor on judicial questions
submitted to him for settlement. A legal training was very
important for those who held this office. In the earlj
period its incumbents were freedmen ; later it was filled
by members of the equestrian order.

439. The Officials a Memoria. Those who held the
office a memoria, which was established in the second
century, were employed in collecting materials for the
emperor's public utterances, or in putting the emperor's
decisions in a suitable form for public presentation*

JUDICIAL OFFICERS 363

{b) Imperial Judicied Officers

440. Criminal Jurisdiction of the Senate and the Qoaes-
ones Perpetuae. A few .words must be said about the
Lfferent criminal courts before the judicial functions of
srtain imperial officers will be understood. By the close
f the republican period the popular assemblies were no
Dnger called together as judicial bodies, so that all criminal
ases came before the quaes Hones perpetuae (cf. pp. 74,
05 f.). From 70 to 46 B.C. the juries in these courts were
omposed of senators, knights, and trihuni aerarii. The
nbuni aerarn*'yf&r& not represented on them after 46, and
ugustus excused the senators from jury duty, but he added
certain number of men having property amounting to

:)o,ooo sesterces (ducenarii). They served, however, only
1 juries in civil cases of minor importance. The quaes-
ynes perpetuae disappeared in the third century. The
iminal jurisdiction of the senate, which came in with the
npire (cf. p. 277), was exercised over*- serious political
lenses, especially if senators were concerned (cf. pp. 347 f.).
he penalties of banishment, deportation, or death could be
iposed. No appeal could be taken to the emperor, but
e could interpose his veto, if he wished. The senate lost
s judicial powers in the third or fourth century.

441. Criminal Jurisdiction of Imperial Officials. The
mperor exercised his criminal jurisdiction in person, or
elegated it. When he sat in person he generally observed
le procedure of the criminal law, and was assisted by the
lembers of the bureau a cognitionibus (cf. p. 362), and by
ich members of his consilium (cf. p. 347) as he had chosen
T the case in hand. For special cases he delegated his
>wer to a iudex datus, but for cases belonging to certain
Ltegories iht praefectus praetor iOy the praefectus urbi, the

364 IMPERIAL PERIOD: DESCRIPTIVE

praefedus vigilum, and the praefedus annonae were cc
petent without special authorization from him. The prae
rian prefect exercised criminal jurisdiction over the soldi
in Italy, and in capital cases oyer civilians in Italy outs
oC a radius of one hundred miles from Rome, and in
later period on appeal from the governors of provinces
pp. 348 f., 361). In a similar way the city prefect ti
persons charged with capital offenses committed in Re
or within one hundred miles of the city. He could e
delegate his judicial power to others. The praefedus \
lum exercised jurisdiction over minor crimes. An ap
could be taken from Jiis decision to the emperor or
praetorian prefect. The praefedus annonae heard crin
cases coming within his special province, such as attei
to create a corner in grain. The governors of provi
had criminal jurisdiction, even in capital cases, ove
Roman citizens in their provinces, except that sena
officers of a certain rank, and members of the muni
senates had a right to be tried in Rome.

442. Civil Jurisdiction of Republican Courts. Foi

adjudication of civil cases the empire inherited fron

republic the courts of the praetors (cf. p. 189), the c

aediles, the X viri stlitibus iudicandis (cf. p. 210), an

centum viri. The judicial functions of the curule a<

were of little importance (cf. p. 206). The centun

nin. Ep. court was increased in membership from 105 to

• 33* 3 ff- ; Sometimes it sat as a unit, but more frequently ii

^uint. 5. 2. 1, divided into four sections. Under the empire its mei

were probably chosen from among the regular iu

luet. Aug. 36. From the time of Augustus the X viri stlitibus

cafidis acted as presiding officers in the several sectic

the centumviral court. The business which came I

the court was essentially the same as under the rep

FINANCIAL OFFICERS 365

e civil jurisdiction of the praetors was somewhat extended
the assignment to them of new classes of cases, notably
:>se arising between the fiscus and individuals.
443. Civil Jurisdiction of Imperial Officials. To the
^eral civil courts mentioned above we must add for the
ipire the court presided over by the emperor or by some
e exercising authority delegated by him. The emperor
^iself heard cases in the first instance or on appeal,
ecial cases were assigned to a index. Cases falling within
rtain categories were heard in the emperor's name by
aetors, consuls, or provincial governors, while questions
appeal came before the praefectus urbi or the praefedus
*'aetorio (cf. p. 347). Civil and criminal jurisdiction in
e municipalities will be considered in another connection.

444. Census Officials. The valuation of property and
le levying of taxes were based on the census books {libri
nsuales) prepared under the supervision of the censitores wilm. Ex.
Dpointed by the emperor, one for each province or smaller j^^^' "^^ '
lit of territory. The method of procedure which they

iopted was similar to that followed by the censor at Rome
2f. pp. 192 f.).

445. Officials of the Aerarium Saturni. At the begin-
ing of the imperial period the aerarium Saturni was in
large of the city quaestors (cf. p. 208), but Augustus trans-

rred it to two praefecti aerarii elected by the senate from Tac. Ann.
le list of praetorian senators. Later it was placed in charge Aug. 36.
* praetors, and still later it was restored to the quaestors,
It the system finally established by Nero in 56, in accord-
ice with which prefects appointed by the emperor had Wilm. Ex.
)ntrol of it, was retained down to the time of Diocletian. 1152, 1 188.'

scr. 1292.

iscr. 1293.

366 IMPERIAL PERIOD: DESCRIPTIVE

446. Officials of thie Fiscus. The management of ik
fiscus was intrusted to an official known successively as the

'^ilm. Ex. patronus or procurator fisci^ the procurator a rationihm^
7i,2&^b. aii<i> toward the close of the second century, as the rj//(^
nalis. From the time of Hadrian this position was tilled by
a knight. A subordinate officer, called a procurator^ was
appointed to collect the taxes in each province, or to take
charge of taxes of a particular sort, so that one hears, for
llm. Ex. instance, of a procurator Asiae and a procurator vicesimae

'Scr. 1 2 c '^

hereditatium. The procurators sat in judgment on ques-
tions arising between the state and an individual, just as
the censors had done under the republic (p. 194). Ij

447. Officials of the Aerarium Militare. The aerarium I ^
'ilm. Ex. militare was managed by three praefecti aerarii miliiaris | h
62^b"^^' chosen for a period of three years from senators of prae
io, 55. 25. torian rank. Under Augustus they were selected by lot, 6

but later the emperor appointed them, and this change
constitutes one of the earliest instances of the encroach-
ment of the emperor on the traditional rights of the senate
in financial matters. 1 ^

448. Officials of the Res Privata. To the res privata
'ilm. Ex. or patrimonium of the emperor belonged the estates of

the imperial family and the additions made by lepcies,
presents, or by confiscation. This property was in charge
of officials appointed by the emperor, and we hear, for
instance, of a procurator saltus Domitiani, A sfearp dis-
^ilm. Ex. tinction between the fiscus and the res privata of the
emperor was not made until the reign of Septimius Sevenis,
when we find mention of a procurator rerum privata-
rum, under whom in the various parts of the- empire
were officials who bore such titles as procurator provincia-
rum Bithyniae Ponti Paphlagoniae tarn patrimoni quam
rationum privatarum.

t]
r
i

OFFICIALS FOR ROME 367

(d) Imperial Officers Charged with the Govemn$ent of

Rome

449. The Praefectus Urbi. The pra^ectura u rdis was
established by Augustus to provide for the government of

^TKe city during iiis absence. The creation of this office
involved an open recognition by him of the fact that he
was at the head of the state, and that when he left the city
it was without a chief-magistrate, because under the con-
stitutional republic the praefectura urhis was only called
into existence when both the consuls were absent (cf.
p. 212). Tiberius went a step farther than his predecessor,
by appointing a praefectus urbi to hold office whether he
himself was in Rome or not. The incumbent of the office
was named by the emperor for an undetermined period
from the senators of consular rank. He was intrusted with
the maintenance of order in the city, and his duties
required, him to take charge in particular of public gather-
ings at the markets, in the theatres, or the circus. For
this purpose he had under his command at the outset
three, and later as many as six, cohortes urbanae, comprising
from 1000 to 1500 men each. Along with his functions
as a police official in preventing disorder, he naturally
acquired criminal jurisdiction, at first in cases where the
lower classes only were concerned ; but in time these judicial
functions developed to such an extent that his court became
the most important criminal court in Rome, and even
extended its jurisdiction far beyond the limits of the city.

450. ^hePraeJfectus Vigilum. The provision which
had been made under the republic for the extinction of
fires having proved utterly inadequate, in a.d. 6, Augustus
organized seven cohorts of 1000 to 1200 men each, charged
-with this duty. This body of men was also used as a police

368 IMPERIAL PERIOD: DESCRIPTIVE

force to protect the city at night, and, therefore, cooperated
cohortes urbanae in maintaining order. It was in
charge of the praefectus vigilum, who, like the city prefect,
acquired criminal jurisdiction, but in his judicial capacity
he was subordinate to the praefectus urbi. Since the
vigiles were usually freedmen, and were commanded by
an officer who held only the equestrian rank, they exer-
cised far less political influence than the praetorian or urban
cohorts.

451. The Praefectus Annonae. To supply grain to the
city without interruption was a matter of so great econom-
t. Aug. icai and^ political importance that a special department of
1.6. 13. the government with numerous T)fficials ^srafTStabfiShed to
arrange for it (cf. p. 355). Upon this bureau, which was
in charge of an official known as the praefectus annonae^
devolved the duty of maintaining a general supervision of
the sources oi supply in the provinces, of the transpor-
tation of grain to Rome, and oif its distribution "toThe
needy. Incidental to its duties aha were ^the maintenance
of suitable ports of entry and the control of the provision
markets in Rome. The prefect in charge had civil and
criminal jurisdiction over certain cases arising in commercial
transactions.

.4g2«^.ItaeJCQm.mi88ioner8 Having Charge of Aqueducts,

Buildings^ and Sewers. The three boards which supervised

the aqueducts, public buildings, and sewers formed, with

the commission to which Italian roads were intrusted, a

college whose members were of senatorial rank and were

appointed by the emperor for an indefinite period. The

ntin. de curatores aquarum were three in number, and took over

^ ' the aqueduct system as Agrippa left it at his death. From

the time of Claudius they were assisted by a freedman or

105.* knight appointed by the emperor and bearing the title of

OFFICIALS FOR ITALY 369

focurator aquarum. The curatores operum publicorutn

id nothing to do with the construction of new buildings.

tie emperor took charge of that matter himself, and met

i.e attendant expenses from the spoils of war, from private Mon. Ancyr

Dntributions, and from sums appropriated by the senate ^ ' ^^^

>r the purpose. The commissioners mentioned above

Dok upon themselves only the function, which the aediles

Lad formerly exercised, of keeping public buildings in

epair. The duties of the curatores alvei et riparum

Tiberis et doacarum urbis have been mentioned already

(e) Imperial Officers in Italy

453. Imperial Administration of Italy. The system of
local government adopted in the municipia throughout
Italy has been briefly discussed in another connection
(cf. pp. 299 f.), so that we are concerned here only
ivith the administrative officials appointed to represent
he central government. Augustus divided Italy outside
>f Rome into eleven regionesj although these territorial
ections do not seem to have been the units adopted for
dministrative purposes in all cases, as we should expect
hem to have been. The principal matters of business of
i^hich the central government took partial or complete
:harge were the management of the roads, the control of
he alimentatioy the supervision of local finances and of
he civil and criminal courts.

454. The Cura Viarum. The cura viarum came into
he hands of imperial officers in 20 B.C. Each of the great
oads was put in charge for an indefinite period of a
urator of senatorial rank, selected by the emperor. It

<ras his duty to keep the road in good condition and Tac. Ann.
o protect public property connected with it from the 59. 15; 60. r

370 IMPERIAL PERIOD: DESCRIPTIVE

encroachment of individuals. Branch roads were in the
care of procuratores of equestrian rank,
bach, 455. The Cura Alimentorum. Possibly Domitian estab-

n*etc?*^' Ushed the cura alimentorum, but more probably it dates
^ ^- from the reigns oi Nerva and Trajan (cf. pp. 323 f.),

who established foundations, from the"tliterest of which
im. Ex. gratuities in the fqnn .oLinoney or ^ain were given each
n. Pan. " m^Hthlo a selected number of children of free birth. The
f '^ immediate management of the funds set aside for the pur-

pose, and the distribution of the monthly allowance, were
in the hands of municipal officials ; but a general super-
vision of the matter was confided to z. praefectus OTZ.procu-
Im. Ex. rator for each dist^:ict, with perhaps a single praefectus
^ ^^^^' alimentorum in charge of the whole department. The
money which the state appropriated, was in many cases
supplemented by the gifts.xaf -public-spirited citizens.

456. Supervision of Municipal Finances. It was Trajan
also who introduced the practice of bringing municipal
finances under imperial supervision. He and his successors

ilm. Ex. appointed for the municipalities curatores of senatorial or
jcr. 2167, equestrian rank, whose duty it was to audit the town
accounts, and whose consent must be obtained before a
town could contract a new debt or sell public property.
It is not clear whether one of these officials was appointed
for each Italian town or only when imperial supervision
seemed desirable.

457. luridici. The establishment of district courts, to
use a modem term, dates from the reign of Hadrian "(cf.
p. 318). The institution was not kept up by Antoninus I

art. Hadr. Pius, but was restored by M. Aurelius. The j udges were of

« senatorial rank and bore the title of iuri,ici. Ultin^tely,

iim. Ex. a^g ^g Ymqs^ already seen (p. 355), Jtaly lost entirely its__i

>7- exceptional position and sank to the level of the provinces,

OFFICIALS FOR THE PROVINCES 3/1

(f) Imperial Officers in the Provinces

458. Imperial Control of the Provinces. The control
which the emperor exercised over imperial provinces was
supreme. The senate nominally supervised the govern-
ment of senatorial provinces, but the maius imperium of
the emperor, and his exalted position, led senatorial gov-
ernors to turn to him for advice and instructions. Further-
more, even in the senatorial provinces certain administrative
departments, for instance those which had to do with public
roads, the post, and some branches of the financial system,
were managed in the name of the emperor. Only in the
case of the finances, however, did the emperor have a per-
sonal representative, styled a procurator^ in the senatorial Dio, 53. i
provinces.

459. Limitations and Extensions of the Power of Imperial
Officers. The general system of government in the prov-
inces, and the limits put on the jurisdiction of governors
in civil and criminal cases, have been discussed elsewhere
(cf. pp. 284 f., 346 f., 348 f.), so that it only remains for us
to mention certain factors which tended to curtail in some
respects, and to extend in other ways, the power of the
emperor's representatives. In general it may be said that,
as time went on, the cause of local self-government lost,
while the rights of a province as a province increased.
The towns and cities lost their independence in some
measure, because they, like the municipalities in Italy
(cf. p. 370), were required from an early period to submit
to the supervision of imperial cura/ores in financial matters.
On the other hand, the autocratic power of th e go vernor
was lessened, and the province gained to some extent, by
the more direct control which the emperor assumed, and
by the development of provincial assemblies. The strict

3/2 IMPERIAL PERIOD: DESCRIPTIVE

accountability to which governors were held naturally made
them hesitate about taking responsibility in important mat-
ters, and, when the practice of referring questions to the
emperor was once adopted (cf. p. 301), it must have devel-
oped rapidly. The inevitable result of it, however, was to
take from a governor the right of initiative in important
matters. The development of the provincial assemblies
(cf. p. 302) must have restricted the power of governors
irq. St still further. All, or almost all, the provinces had cfmcilia

rw I*

J fif' * whose right to send deputations or petitions to the emperor,

c. Ann. without consulting the governor, came to be freely recog-
w 3.4.2. nized. The independent existence of the assembly was
g. 47. 14. 1, recognized by the emperor in the fact also that his reply
was sent directly to it. The possibility which every gov-
ernor had to face, of seeing a document criticising his con-
duct sent to the emperor at the close of his term of office,
must have exercised a wholesome restraining influence on
his administration.

Selected Bibliography*

W. T. Arnold, The Roman System of Provincial Administration.

London, 1879.
Cagnat, Les imp&ts indirects. Paris, 1882.
Carette, Les assemblees provinciales de la Gaule romaine. Paris,

1895.
E. Cuq, Le conseil des empereurs d*Auguste k Diocletien. Paris,

1884.
P. Guiraud, Les assemblies prov. dans Tempire rom. Paris, 1887.
Cyprien Halgan, Essai sur radministration des provinces s^nato

riales. Paris, 1898.
O. Hirschfeld, Untersuchungen auf dem Gebiete d. rom. Verwal-

tungsgeschichte> Bd. I. Beriin, 1877.
O. Hirschfeld, Das aerarium militare, N. Jahrb. f. Philol. XCVII

(1868), pp. 683-697.

^ See also bibliography on pp. 173, 288, 304, 316, 328, 358.

OFFICIALS FOR THE PROVINCES 373

>. Hirschfeld, Die Getreideverwaltung der rom. ICaiserzeit, Philol.

XXIX, pp. 1-96.
L Klebs, Zur Entwicklung d. kaiserl. Stadtprafektur, Rhein. Mus.

(N.F.), XLII, pp. 164-178.
Llein, Die Verwaltungsbeamten der Provinzen des rom. Reichs bis

auf Diocletian. Bonn, 1878.
X. Kretschmar, Das Beamtentum der r'6m. Kaiserzeit. Giessen,

1879.
N. Liebenam, Forschungen zur Verwaltungsgeschichte des rom.

Kaiserreichs, Bd. I. Leipzig, 1888.
N. Liebenam, Die Laufbahn der Prokuratoren. Jena, 1886.
N. Liebenam, Beitrage zur Verwaltungsgeschichte d. rom. Kaiser-

reichs. Jena, 1886.
iiV. Liebenam, Stadteverwaltung im romischen Kaiserreiche. Leip-
zig, 1900.
[. Marquardt, Romische Staatsverwaltung, 2*© Aufl., 3 vols. Leipzig,

1881-5.
rh. Mom^sen, Die diocletianische Reichsprafectur, Hermes, XXXVI

(1901), pp. 201-218.
^. Schurz, De mutationibus in imp. Rom. ordinando ab imp. Hadr.

factis. Bonn, 1883.

Supplementary Literature, 1901-1910

Lmold-Shuckburgh, The Roman System of Provincial Administra-
tion. Oxford, 1906.

lirschfeld, Die kaiserlichen Verwaltungsbeamten bis auf Diocletian.
Berlin, 1905.

{orghesi, CEuvres completes. Tome dixi^me: Les pr^fets du pre-
toire. Paris, 1897.

leisterbergk, Provincia. Philologus, LI (1890), 629-644.

Imold, Studies of Roman Imperialism. London, 1906.

lostowzew, Geschichte der Staatspacht in der romischen Kaiserzeit
bis Diocletian. Leipzig, 1902.

rigneaux, Essai sur I'histoire de la praef ectura urbis k Rome. Paris,
1896.

rraham, Roman Africa. London, 1902.

'hapot. La province romaine proconsulaire d*Asie. Paris, 1904.

/.)

CHAPTER XIX

THE MAGISTRACIES

(a) The Magistracies in General

460. The Cursus Honorum. In the election and ap-
pointment of citizens to official positions under the empire,
the division of society into the senatorial order, the eques-
trian order, and the plebs was strictly observed, and corf?
sponding to these three classes there were three c areers ^ ilL
official service, known as the cursus honor um. To citizens

of senatorial rank were assigned, along with certain impor-
tant imperial offices, all the old republican magistracies.
The full cursus honorum for men of this class,^ leaving- out
of consideration the appointive offices, comprised member-
ship in the college of the XX viri, the position of tribunus
milituniy the quaestorship, the aedileship, the tribunate of
the plebs, the praetorship, and the consulship. Before the
Flavian period the military tribunate could be held before
or after the vigintivirate, but after that time it took invari-
ably the second place.

461. Conditions of Eligibility. The conditions of eligi-
bility to the vigintivirate were senatorial rank and the
attainment of manhood, as indicated by the assumption
of the toga virilis. The office was, therefore, open to the
sons of senators, and to those whom the emperor had raised
• ^""- „ to the senatorial rank. The senatorial census fcf. p. xZi)
nt. was of course required in both cases. For the quaestor-

,52*20. ship a candidate was required to have completed his

374

CONDITION OF THE MAGISTRACIES 3/5

'-enty-fourth year and to have held the offices mentioned.

a interval of a year must elapse between the quaestor-

idp and the tribunate of the plebs or the aedileship, and St. R. i. 535.

liother year before the praetorship could be held. Patri-

Lans could pass directly from the quaestorship to the prae- St. R. 1. 555,

3rship, although the minimum age requirement of thirty "' ^'

«ars for the praetorship took away the advantage which Dio, 52. 20.

iney would otherwise have had over the plebeians. An inter-

"^al of two years was required between the praetorship and

:lie consulship, which practically fixed the age requirement St. R. 1. 528,

^or the consulship at thirty-three. Candidates were eligible

to the same office again after a short interval, and it was

Slot illegal to hold a magistracy and an imperial office at the

same time. From the restrictions mentioned above candi-

^tes for office could be relieved by the emperor, and fathers Plin. Ep.

^f families were regularly given precedence over others. ^'^ '^'

462. Nomination; Election; Term of Office. The formali-
zes attending nomination were like those under the republic,
'Xcept that the emperor exercised the right of nomination
[cf. pp. 275 f., 351). From the reign of Tiberius magis-
^ates were elected in the senate. The term of office con-
inued to be a year, except in the case of the consulship.

463. Loss of Dignity and Power. The magistracies .
suffered, of course^„,a serious-loss of dignity and real power.
Since the emperor's power to nominate candidates for office
Qounted for so much, a citizen's political future depended
on imperial favor, and when he was elected he could not
hope to exercise freely the traditional functions of his office
^th the emperor, or an appointee of the emperor, as his
colleague. Furthermore, the powers of the several magis-
trates were seriously curtailed by law, as we have already
seen, and by the assignment of magisterial functions to
imperial procurators and prefects.

376 IMPERIAL PERIOD: DESCRIPTIVE

(b) The Several Magistracies

464. The Consul. The most significant formal cl
which the consulship experienced under the empin
the shortening of the term of office. Up to the dea

Ier«. II. Nero the term was usually one of six naonths ; aftei

' ' ^' date ordinarily of two or- lb«H^-f»onths. The purpc

the change was to lessen the jmpfillance of the (

t.R.i.588f. The election of the first pair of consuls for a given
known as consules ordinarily usually took place ii
autumn of the preceding year. The consules suffecti
commonly chosen at the beginning of the year c
which they were to serve. Official documents wer(
dated by mentioning the consuls of the year in que
but the names of the consules ordinarii were usually se!
for the purpose. This gave them a certain prestige
the consules suffecti.

The principal functions of the consul consisted ii
siding over the senate, in exercising judicial pow
certain cases, and in taking charge of the ludi circens
other public games. The senate under the early (
had nominal charge of Rome, Italy, and the sen
provinces, and the importance of the consulship dep
largely on the success which the senate had in r
good its constitutional rights within these limits — a
success in this matter varied from reign to reign,
criminal jurisdiction and, to some extent, the civil
diction of the consul were exercised by him in conju
with the senate. Apart from that body, however, he

uet. Claud, certain important classes of civil cases, assigned to l

y. Instit. .1

ist. 2. 23. 1, the emperor.

465. The Praetor. Julius Caesar had raised the n
of praetors to sixteen (cf. p. 137). Augustus reduce

THE SEVERAL MAGISTRACIES 377

trwelve, but under succeeding emperors it was raised until

irt reached its maximum, eighteen, under Claudius. The

praetor urbanus still took precedence-ov^r his colleagues.

^ext him came the praetor peregrinus. The encroach-

inttent of the emperor and of his officials, however, on the

X^rerogatives of the city praetor greatly diminished the

importance of his position. The significance of the office

of the praetor peregrinus was taken away in large measure

1)y Caracalla's edict. The powers of the whole college of

praetors were seriously abridged also by the publication of

Hadrian's edictum perpetuutn (cf. p. 318), which robbed

them of the right to issue their annual edicts, by the assign-

na^nt of certain civil cases to the consuls (cf. p. 376), and

by the appointment of district judges for Italy (cf. p. 318).

A partial compensation for these losses may be found in

the fact that the supervision of certain public games was Dio, 54. 2 ;

i^si^ /V x\x\

given to them, and, for a time, the administration of the i. j^j 1.77.
curarium Satumi {ci. p. 365). Their principal function,
that of presiding over the guaestio perpetua, was lost when
that court disappeared in the second or third century
(cf. p. 349).

466. The Censor. The censorship, as a republican insti-
tution, came to an end in 22 B.C. In that year the office
was held by P. Aemilius Lepidus and L. Munatius Plancus, Veil. 2. 95.
although the census was not completed. Claudius, with
his fondness for tradition, attempted to revive the office by
having himself and L. Vitellius made censors in the year 47 ; Nipperdey <
but the precedent was not followed. This seems to have „ *
been the last effort made to treat the office as a separate
magistracy. In all other cases its functions were apparently
exercised by the emperor alone, or by the emperor in con-
junction with some other member of the imperial family.
Thus, in 8 B.C. Augustus took the census alone, in a.d. 14

3/8 IMPERIAL PERIOD: DESCRIPTIVE

with Tiberius, while in a.d. 73-4 Vespasian and Titus
cooperated in taking it. In the year 84 Domitian took
the censorial power for life (p. 310). The duties of the
office (cf. pp. 191 f.), as exercised by the emperors, consisted
in the assessment of property and in drawing up the lists of
senators and knights. The management of finances was, in
large measure, assigned to certain commissions and imperial
officers, as we have already seen (cf. pp. 354, 365 f., 369).

467. The Aedile. Julius Caesar had increased the
number of aediles to six, assigning to the new members
of the college supervision, of ..the, grain supply (cf. p. 137),
but during the reign of Augustus this function was turned
over to a board of commissioners (cf. pp. 355, 368). The
aediles lost the cur a ludorum also (cf. p. 377), and their
right to maintain order in the city was in large measure
relinquished in favor of the praefectus vigilum and the
praefectus urbi (cf. pp. 367-8). There is no mention of
the office later than the middle of the third century.

468. The Tribune. The tribune retained under the
empire his sacrosanct character, his ius auxilii and m
intercessionisy his right to summon the senate and probably
the popular assembly also. But these were fbriBal powers
with l ittle jn eaning. Thus, for instance, his action could
be vetoed by the emperor, but he could not interfere with
the emperor (cf. p. 357). His right to summon the popular
assembly was of little importance because of the decadence
of that body. What little significance the office had lay

rac Ann. in the fact that the tribune could veto the action of the
ti3» • 47- senate, protect citizens in the courts, and impose fines in
certain cases.

469. The Quaestor. Augustus seems to have reduced the
3t^R. II. number of quaestors from forty to twenty. The college was

divided into two sections, one consisting of the provincial

^28, n. 2.

THE SEVERAL MAGISTRACIES 379

quaestors, and the other of those whose functions kept
them in Rome. A quaestor was assigned to each one of
the eleven senatorial provinces, except that two were sent
to Sicily. Of the eight remaining members of the college,
two were quaestores urbani and two were assigned to each
of the consuls and to the eniperor. In the provinces the
quaestor, who bore the title quaestor pro praetore, repre-
sented the aerarium Saturni, and exercised the juris-
diction which had traditionally belonged to his office
(pp. 208-209). The quaestores urbani had charge of the
aerarium for a time, but this was taken from them in the
year 56 (cf. p. 365). Thereafter their principal duty con-
sisted in caring for the decrees ef the senate. The two Dio, 54. 36
qua estors selected by the eigjperor acted as his secretaries Tac. Ann.
i n laying matters beiore^ the senate. The four quaestors
assigned to the consuls were subordinates in the service of
those officials.

470. The XX Viri and Extraordinary Magistrates. The
college of IIII praefecti Capuam Cumas (cf. p. 210), and
that made up of the // viri viis extra urbem purgandisy
were abolished under the empire, and the four remaining
groups were consolidated into a single college known as
the vigintivirate. The X viri stlitibus iudicandisy from the
time of Augustus, presided in the centumviral court (cf.
p. 364). The IIJ viri monetales had charge of senatorial
coinage only (cf. p. 354). The functions of the /// viri
capitales were seriously abridged by the establishment of
the praefectura vigilutn. Otherwise the duties of the
members of these groups of officials were unchanged.
Some significance was given to these offices, however, by
the fact that they were made the first step in the cursus r^^^ p^^^
honorum (cf. p. 374). Of the extraordinary republican 6. n; Wiln
magistracies (cf. pp. 211 ii.), we hear of the praefectus 1132.

38o

IMPERIAL PERIOD: DESCRIPTIVE

urbi feriarum Latinarum, of praefecti frumenti dandi
ex s, c, and occasionally of special commissioners sent out
by the senate.

Selected Bibliography ^

Julius Asbach, Zur Geschichte des Konsulats in> d. rom. Kaiserzeit,

Histor. Untersuchungen, etc., pp. 190-217. Bonn, 1882.
J. Centerwall, Quae publica officia ante quaesturam geri solita sint

temporibus imperatorum. Upsala, 1874.
Chambalu, De magistratibus Flaviorum. Bonn, 1882.
Gollf Ueber d. rom. Censur zur Zeit ihres Untergangs. Schleiz, 1859.
GoU, Das Volkstribunat in d. Kaiserzeit, Rhein. Mus. (N.F.),

XIII. Ill ff.
Henzen, De nundinis consularibus aetatis imperatoriae, Ephem.

Epig. I. 187-199.
Lenel, Das Edictum perpetuum. Leipzig, 1883.

* See also bibliography on pp. 173, 219, 288, 304, 316, 328, 358.

OCI

V
IP

CHAPTER XX

THE SENATE

(a) Composition of the Senate

471. Size of the Senate. On at least three different
:casions, as he himself tells us {Mon, Ancyr, II, 1. 2),
ugustus revised the list of senators. As a result of these
:visions, the membership was reduced from 900 (cf.

137) to 600, which was accepted as the normal number Dio, 54. 1
ider the empire. In drawing up his lists Augustus also
►ok occasion to exclude many men of low birth, whom suet.Aug.
ilius Caesar had admitted. In this way he restored the ^°' ^^' ^
istocratic character of the senate.

472. Admission to the Senate. The conditions of eligi-
ility to membership in the senate included citizenship and

ee birth, an acceptable reputation, and property rated at Dio, 54. i
,000,000 sesterces. By those who fulfilled these condi- 37. suet.
ons admission to the senate could be had by securing ^^^' ^^'
ection to the quaestorship. Inasmuch as the magistracies
ere open only to those of senatorial rank, that is, to the
ms of senators (cf. p. 374), the senate became a close
)rporation. The emperor could, however, at his discretion
ant to men not of senatorial rank, who had the necessary
•operty, the right to wear the latus clavusy or broad
irple. stripe on the tunic. This entitled them to become
mdidates for a magistracy with the prospect later of
itering the senate. Furthermore, citizens with a fortune
" 1,000,000 sesterces, who had not held a magistracy,

38'

382 IMPERIAL PERIOD: DESCRIPTIVE

were from time to time admitted to the senate by adUciio
(cf. p. 354).

473. The Album Senatorium. From 9 B.C. on, the album
senatorium^ or. official list of senators, was revised eachjear.
The names of those who had held a magistracy since the
last revision, and of those chosen by the method of adlectio^
were added to the old list, while those whose property had
fallen below the required minimum, and those who had
been convicted of an oif ense against the laws, were excluded
from the senate. In the list the names were arranged in
the order of official rank. After the emperor's name came
those of the consulares, then the praetoriiy etc. Those who
had held a given magistracy more than once ranked higher
in dignity than those who had held it once only. No
distinction was made between ex-consuls who had been
consules ordinarii and those who had been suffecti. Up to
the time of Pertinax those who were assigned to a given
group by adlectio were of equal rank with those who had
attained the position in question by virtue of having held a
magistracy.

(6) Meetings off the Senate

474. The Presidency of the Senate. The magistrates
who had the ius cum patribus agendi under the republic
(cf. p. 225) exercised that right under the empire also.
Of course the offices of dictator, master of the horse, and
interrex had disappeared, so that they do not come into
consideration. Whether the city prefect had the theoret-
ical right to convoke the senate or not is a matter of no
moment. He would scarcely have exercised it, except
during the absence of the other qualified officials, and such
a contingency could not arise. It is also probably true
that the tribune rarely made use of this privilege. The

MEETINGS OF THE SENATE 383

princeps took precedence of all the magistrates in* calling
the senate together, and even when that-body had been
convoked by a magistrate, a place of honor was given to
lllitt between the two consuls, or on the tribunes' bench.

475. The Place and Time of Meeting. The ordinary
place of meeting was the curia lulia. Except during the
fnonths of September and October, stated meetings were

leld on the Kalends and Ides of each month. Otherwise Suet. Auj

ic ' 13io

he senate met at the call of the qualified official. 55.' 3. '

476. A Quorum. The attendance of senators was
equired, but the efforts made to enforce this regulation

vere not effective. In the early part of the reign of Dio, 54. 1

Augustus- a quorum was fixed at 400 members, but later it 16. 22.

vas found necessary to reduce this number and not to Dio, 54. 1

equire a quorum for action on unimportant matters. ^^* •^*

477. The Transaction of Business. The purpose for

vhich the senate was convoked was indicated only in a Tac. Ann
general way in the call which was issued. The subjects
to be considered were laid before the meeting by the pre-
siding officer. Individual senators still lacked theoretically
the right to introduce new business, but in discussing a
matter laid before them they were allowed, as under the
republic, to introduce extraneous questions, and to ask for Tac. Ann
action by the senate. Senators were asked their opinions
in the traditional order (cf. p. 224), except that the Tac. Ann
imperor gave his views first, or, if he chose, last. During
jome reigns at least, when the emperor presided, the
magistrates in office were also called upon in the group Tac. Ann
^o which they belonged. As we have already had occasion ^' ' '''
to notice (p. 350), the business of the emperor, whether
iie was present or not, took precedence, within certain
limits, of all other matters. In any case the princeps con-
trolled the discussion and the action of the senate, and a

384 IMPERIAL PERIOD: DESCRIPTIVE

senator could indicate his disapproval of a measure only
by sta)dng away from the meeting when the bill in question
was to be presented. The discessio was the acceptod |I!
method of voting, even upon candidates for the magis- J^
trades. Trajan introduced the secret ballot for the latter
purpose, but the new arrangement did not become perma-
nent. It was the duty of the presiding officer to appoint a
committee for the formulation of each motion, and decrees
which were intended for the public eye were engraved on ^e
bronze tablets. One of the quaestors, appointed for the a
purpose by the emperor, and known as ab actis senatus^ i
Ann. prepared for the archives the acta senatus, or proceedings i«
tn. Ex. ' of the senate, which comprised the senatus consulta, official w
r. 636, documents submitted to the senate, and the speeches made

by leading senators. From these records such extracts as \\
. Pan. 75. the senate selected were published in the acta diuma.

478. The Senate and the Princeps. In the last years
of the republic, and in the period of transition from the
republic to the dyarchy, the senate had been reduced to
the position which it theoretically held under the consti-
tution, viz., that of an advisory body. Under the new
regime its formal powers were much greater and more
explicitly recognized. It becaine a. Jegislatiye, a judicial,
and an electoral body. Its real influence over affairs had
always depended, however, not on tlie powers which it
had received when the state was organized, but on the
measure of control which it was able to exercise over the
magistrates and over the resources of the commonwealth.
This was still the case under the empire. Bearing this fact
in mind, it is easy to understand how a formal extension

POWERS OF THE SENATE 385

of the powers of the senate by Augustus and Tiberius could

take place simultaneously with a real loss of influence.

The fact that the princeps held his position for life freed

him from the influences which had made the consul amen-.. .

able to it (cf. pp. 67 f.). Furthermore, it lost outright the

management of foreign affairs, the control of the army and

navy (pp. 237 ff., 345 f.), the government of the important

^uvluces (ppi ^83 if.), and consequently in large measure

the management of the finances.

479. The Senate as a Legislative Body. The decadence
of the comitia made the senate the sole legislative body in
the state. Senatus consulta had the force of law, and
touched every field of public activity, subject to the limita- Suet. Tib
tions mentioned in the preceding paragraph. The business
which required the greatest share of its attention was the
financial management and the administration of Rome,

Italy, and the senatorial provinces. Upon all these matters
it heard reports, and took the necessary action. It exer-
cised the right to raise or lower the rate of taxation, but 010,55.2
only on the imperial initiative. The control of the ager
publicus was, however, transferred to the emperor. It
took action with reference to the introduction of foreign Tac. Ann
cults, managed the temples, and provided for extraordinary '^* ^^ ' ^^'
festivals ; but in all religious matters its action must have

been perfunctory, since the emperor was pontifex maximus
an4 a member of all the important priesthoods. Further-
more, it passed measures imposing penalties on those con-
victed of certain offenses, and granting honors, privileges, pun. Ep.
and dispensation from certain laws to favored individuals ^'^'^'
or classes.

480. The Senate as a Judicial Body. The criminal
jurisdiction of the senate was exercised mainly in the case
of serious oifenses, particularly those of a political nature

386 IMPERIAL PERIOD: DESCRIPTIVE

(cf. p. 347), where senators were concerned. Perhaps
those charged with such offenses were at the outset
allowed to have their cases heard either before a quaesiio
or before the senate. Senators would naturally choose the
latter tribunal. When the practice was once established it
developed rapidly. The procedure, as can be seen from
the well-known case of Piso, seems to have been modeled
on that followed in the quaestiones. The consul presided,
and the senate delivered its verdict in the form of a senatus
consultum. Even the penalty of death could be imposed,
and no appeal could be taken from the senate's decision,
although the emperor could virtually grant a pardon by
using his veto power. Appeals could also be taken to the
senate by senators and members of certain other favored
classes from the decisions of senatorial governors in capital
cases. In civil cases also appieals came to the senate from
the senatorial provinces, but they were usually referred by
it to the consuls.

481. The Senate as an Electoral Body. The most
important function of the senate as an electoral body
consisted in choosing the emperor (cf. p. 341), and in
joining with the popular assembly in conferring on him his
constitutional powers (cf. pp. 341 f.). The right to deify a
deceased emperor, or to pass the act known as the damna-
Ho memoriae, was its exclusive prerogative (cf. pp. 343 f.).
Tiberius transferred the election of magistrates to the
senate, but its freedom of choice was in large measure
restricted by the emperor's right to name candidates for
the several offices (p. 351). Notwithstanding this fact,
there was a lively competition for the several magistracies,
and candidates for office gave costly presents and elabo-
rate dinners to their senatorial colleagues in the hope of
winning their suffrages.

POWERS OF THE SENATE 387

Selected Bibliography ^

Caduzac, Decadence du senat rom. depuis Cesar jusqu'a Constantin.

Limoges, 1847.
E. Cuq, Le conseil des empereurs, d'Auguste k Diocletien. Paris,

1884.
Dumeril, De senatu romano sub imp. Augusto Tiberioque. Paris,

1856.
3iirr, Die Majestatsprozesse unter dem Kaiser Tiberius. Heilbronn

Progr., 1880,
hotter, Ueber d. Verhaltniss zwischen Kaisertum u. Senat unter

Aug. u. Tib. Prague, 1875.

Supplementary Literature, 1901-1910
Abele, Der Senat unter Augustus. Paderborn, 1907.

* See also bibliography on pp. 243, 288, 304, 316, 328, 358.

CHAPTER XXI
THE PEOPLE
(a) Citizenship

482. The Methods of Acquiring Citizenship. Citizenship
could be acquired, as under the republic, by birth, by adop-
tion, by manumission, and by a special grant. The son of
a Roman citizen inherited the rights of citizenship. The
son of a Latin acquired them when he was adopted by a
Roman citizen. The other two methods of acquiring them
call for a fuller statement.

483. Citizenship Acquired by Special Grant or by Manu-
mission. Various classes of persons acquired the rights of
citizenship by virtue of having conformed to certain speci-
fied conditions. Thus, for instance, those who received an
honorable discharge, after having served twenty-five years
in the auxiliary force, or twenty-six years in the navy,
became Roman citizens. Latins gained the same privilege
when they were enrolled in the legions, and magistrates in

I. L. II. towns enjoying the Latin rights were honored with Roman

45 ; • 532- citizenship. Freedmen also, after serving a certain number

of years as vigiles, gained full civic rights. The conditions

on which citizenship was granted to individuals or particular

communities cannot be so exactly stated. Personal favor,

or political considerations, or a desire to rfeward those

let. Aug. ^jjQ i^ad rendered a noteworthy service to the community,

0,60. 17; were usually the deciding factors in these cases. Augustus

8,* ' gave the rights of Roman citizenship to few communities,

CITIZENSHIP 389

^ut his successors bestowed them upon towns in all parts
^f the empire. The imperium proconsulare of the emperor
sntitled him to make these grants in the imperial provinces
(cf. p. 245), but, although Augustus may* have consulted
the senate and popular assembly in cases outside the
iuiperial provinces, it is plain that his successors felt free, on
their own authority, to grant Romaii citizenship to any indi-
v^idual or community. The greatest addition to the number dso, 57. i;
Of citizens, however, came by way of manumission, and i"- Galb"
the rapid increase in the number of freedmen which resulted M ; Tac

*^ Ann. I. 58

Seemed so serious a matter to Augustus that he caused a
Series of laws to be passed to restrict it (cf. p. 390).

484. The Loss of Citizenship. As under the republic
(cf. p. 245), those who had been captured in war, turned
over to the enemy, or sold into slavery suffered capitis
deminutio maxima. The third provision just mentioned
underwent a strange interpretation or extension in the case
of those known as senn poenae. The legal fiction involved
in the matter is clearly indicated by Pliny {ad Traianum^
XXXI. 2) : in plerisque civitatibus, maxime Nicomediae et
Nicaeae, quidam 7fel in opus damnati vel in ludum similiaque
his genera poenarum publicorum servorum officio ministerio-
quefunguntur atque etiam ut publici servi annua accipiunt.
Those became servi poenae, qui ad ferrum aut ad bestias
aut in metallum damnantur (Dig. XXVIII. i. 8. 4). Capitis
deminutio media was visited on those who suffered deportatio,
or transportation to an island. Relegatio^ or the penalty of
being obliged to live within a certain section of the empire,
did not bring with it a loss of citizenship.

485. The Rights of Roman Citizens. All Roman citi-
zens, except freedmen, had the full enjoyment of the tra-
ditional iura commercii, conubii^ provocationis, legis actionis,
sujffragii, and the ius honorum. In respect to their private

390 IMPERIAL PERIOD: DESCRIPTIVE

rights freedmen stood essentially on the same plane as
- freemen, except that they were forbidden to marry with
members of the senatorial order and were liable to the
punishment of being obliged to live at least one hundred
miles from Rome for certain offenses against their patrons.
Freedmen thus punished were known as peregrini dediticii.
All freedmen were still restricted to four of the city tribes
(p. 247), but this restriction was of little moment because
of the decadence of the popular assemblies. The most
important limitations put on them were in the matter of the
ius honorum^ and of admission to the equestrian order.
Not only freedmen, but their sons and grandsons, were

lin. N. H. excluded from the equestrian order and from the magis-
^' tracies, and consequently from the senatorial order. It was

within the power of the emperor, however, by a natalium
restitutio to remove this disability. Reference has been
made above to the attempt which Augustus made to restrict
indiscriminate manumission. The most important step
which he took in this direction consisted in securing the

[erz. 11. passage in a.d. 4 of the lex Aelia Sentia^ which provided,

'^ * among other things, that slaves under thirty years of age

who were declared free, and those who were declared free
in the will of a deceased owner, did not become technically
free. Their legal status was more clearly defined by the
lex lunia Norbana oi k,i>. 19, which rendered them incapa-
ble of making a will, and gave them the rights, with certain

fipperdey limitations, oi Latini luniani,

"59 an/""' 486- The Obligations of Citizenship. The two principal

3- 27- obligations resting on Roman citizens w ere the payment^

taxes and service in the army. Roman citizens in Italy
paid no-direct taxes. These -in the provinces were subject

t. R. III. to the tributum soli and the tributum capitis. This exemp-
tion of Roman citizens in Italy was the peculiar privilege

D6f.

THE PLEBEIANS 391

going with the ius Italicum, Military service was incum-
T)ent on every freeman, but, since a sufficient number of
soldiers was usually to be had by voluntary enlistment, it
^as rarely necessary to resort to a draft. In fact, after
the time of the Fla\dan emperors, the legions were never Herz. ii.
recruited from Italy. The legions and the praetorian ^^^
guard were made up exclusively of free-born Roman citi-
zens and of Latins or peregrini belonging to oppida,
Freedmen served in the navy and in the cohortes vigilum.^

(b) ITte Plebeians

487. The Legal Status of the Plebeians. The old dis-
tinction between the plebeians and patricians is lost sight
of under the empire, but by a strange ium of the wheel of
fortune the term ^lebs came to indicate, just as it had
done in the early republic, those who were outside the
—PD^eged classes. It comprised, in fact, all those who were
below the senatorial and equestrian orders. And just as
had been, the case under the early republic, the plebeians
under the empire were essentially without political rights,
and were shut out of the classes above them by legal
restrictions. There was, however, this important difference
between the two cases. The barrier was not an insur-
moun table one. By acquiring the fortune required of a
knight or senator a plebeian freeman could rise into one of
the higher orders. The most important legal difference,
then, between the plebeians on the one hand and the
members of the equestrian and senatorial orders on the
other, was in the matter of political rights. In one respect
their private rights were less, sihce~*f6r a given offense they
were liable to a severer punishment than were those who Dig. 48.
belonged to the two upper classes. * ^' ^'

392 IMPERIAL PERIOD: DESCRIPTIVE

488. The Plebs Urbana. The massing of prope
the hands of the few had practically blotted on
independent middle class, and the great body of fn
outside the two orders were partly or entirely depe
on the state for support. The term p/eds urban

don. Ancyr. practically applied to the 200,000 or more whose :

' L 7 * Dio

5. 10! ' made up the list of recipients of grain.

489. The Plebeians outside Rome. The populati
the Italian municipal towns reproduced in miniatui
state of Things in Rome. A freeman who had a rat
100,000 sesterces, and was eligible in other respects,
by election to one of the local offices secure admissi
the municipal senate. Those who did not have the
site property were not eligible, so that these small
also had their senatorial order and their plebeians, alt
the minimum sum which made one eligible to the senj
order in the municipalities was so small that the me
of that order constituted a middle class in Italy.

490. Admission to the Equestrian Order. The cone
of eligibility to the equestrian^ order were the possess

»lin. Ep. property, valued at 400,000 sesterces, free birth, :
' ^^' respectable standing in the community. It wasT^io^

in the power of the emperor to pass over the condit
>uet. Aug. free birth, and to elevate freedmen to the equestrian
list. 1. 13. Admission to the order rested with the emperor, who
lished a bureau, known as a censibu^ equestribus, to r
applications and collect the necessary information,
property of a member of the order fell below the re<
minimum, or if his mode of life was objectionable, his
was dropped from the list.

THE EQUESTRIAN ORDER , 393

491. Limits put on the Order. Although up to the
«gn of Tiberius the term ordo equester technically included

>iily the equites equo publico^ it seems probable, while still St. R. III.
i- matter of dispute, that there was a body of men, who n.^q6i' n. T
perhaps may be called equites equo privatOy who satisfied ^ifi^Dr"\^«
tlie requirements of the equestrian order, but had not tech-
tiically been admitted to it. The members of this group
c3id not have certain privileges conceded to the equites equo
publico, but they received some official recognition until
^hey were formally excluded from the order by the legislation
of Tiberius.

492. Seviri Equitum Romanorum. The way in which
the equites were organized into turtnae is not clear. Men-
tion is made of six turmae of thirty men each under seviri,
E^ossibly only six of the turmae had special leaders. The
^^Diri were usually the sons of senators or the younger
xiembers of the imperial family.

493. Insignia and Titles. The members of the eques-
trian order were distinguished by the anulus aureus^ the
tunica angusticlavia, and by the right to reserved seats in Tac. Hist.
the theatre and at the circus. From the time of M. Aurelius suetGalbaj
the members of the order who were procurators bore the ^ H*^^^ 2c
title of viri egregiiy the equestrian prefects were styled znri Liv. Ep. 99.
J>erfeciissifniy with the exception of the prefect of the prae- wilm. Ex.
torian guard, who was called vir eminentissimus. The title ^^' l^^'

iTtr splendidus was probably applied to the knights living ^^57-
outside Rome who had held no office.

494. The Equestrian Cursus Honorum. The members
of the equestrian order were especially employed by the
crnperor as his representatives in the imperial service, and

in the first century of our era a fixed equestrian cursus c.l. L. v.
^onorum developed. At the bottom of the series were the vi.^1625 b-
^nilitiae equestres^ including the praefectura cohortis, the ^^- 5439-

394 IMPERIAL PERIOD: DESCRIPTIVE

tribunatus legionis, the tribunatus cohortis vig>
cohortis urbanae or cohortis fraeioriae, the pr
alae, and the praefeciura castrorum. An aspi
higher honors served in the early period in thr
in four of these positions. After the bureaucratic
of government had been fully developed by Ha
preliminary civil career could be substituted for the
service just mentioned. After these preliminary m
civil positions came the various procuratorships, wl
be classified according to the salaries received
genarii (/.^., recipients of 60,000 sesterces), d
(100,000 sesterces), ducenarii (200,000 sesterc<
irecenarii (300,000 sesterces). The highest offic
tions of the equestrian career were the prefecturi
for instance, as the praefeciura ingilutn or the pr
annonae. The knights gained in prestige under G
who transferred to the equestrian order all the ir
military positions. Membership in certain priesthc
also reserved for the knights, and the most distu
equites were from time to time admitted to the
In the nature of things, the ordo equester could nc
hereditary aristocracy, but the sons of knights who
the conditions governing admission to the ord
naturally preferred to others.

(d) The Senatorial Order

495. Admission to the Senatorial Order. The p

of tKe nobilitas under the republic had depended
organization of society (cf. pp. 47 f.). The exclusr
of the senatorial order under the empire had a le^
The conditions governing admission to the order
same as in the case of the knights (cf. p. 3512}^ exc

THE SENATORIAL ORDER 395

the property requirement was 1,000,000 sesterces. For
those who satisfied these conditions admission was to be had
by birth, or through an imperial grant of the latus clavus
to those who were not the sons of senators. Exclusion
from the senatorial order was governed by the same prin-
ciples as those which led to exclusion from the equestrian
order (p. 392).

496. Insignia and Titles. The insignia of the order

were the anulus aureus^ the calceus senaioriuSj and the Suet. Aug.
latus clavus. Like the knights, members of the senatorial 5.2. 271./
order were entitled to reserved seats at the theatre and at ^'^^' ^' ^3-
the circus. From the close of the first century of our era
they bore the title viri clarissimi, and even the younger
members of a senator's family were styled clarissimi pueri
or Claris simae puellae,

497. The Senatorial Cursus Honorum. The main privi-
lege which they enjoyed, however, was the exclusive right
to become candidates for the republican magistracies (cf.
p. 374), and thereby to gain admission to the senate.
Certain important imperial oflftces also were open only to
members of the order. The republican magistracies and
the imperial offices open only to senators constituted the
senatorial cursus honorum^ which is illustrated in so many c. i. L. v.
inscriptions. ^"l^eooe.

(i) Laiinitas and Peregrinitas

498. Latinitas. As a result of the Social war the rights
of Roman citizenship had been granted to the people of
Italy living south of the river Po (cf. p. 102). Julius
Caesar extended the same rights to the communities of
Transpadane Gaul (p. 122), so that there were no com-
munities with Latin rights in the peninsula at the begin-
ning of the imperial period. The ius Latii was, however,

396 IMPERIAL PERIOD: DESCRIPTIVE

conferred by Vespasian, Domitian, and other emperors
upon many cities in the provinces (p. 315). The citizens
of the municipia or oppida civiutn Latinorum or coloniat
avium Latinorum^ as these Latin communities were vari-
ously called, had the ius commercii^ and the prospect of
acquiring the rights of Roman citizenship, in case they
were elected to a local magistracy or admitted to the
local senate. They acquired Roman citizenship also if
they were enrolled in a legion, and individuals who had
rendered a noteworthy service to the state were rewarded
in the same way. Their right to vote in one of the
tribes at Rome (cf. p. 248) amounted to little under the
empire. In general they were subject to taxes and to mili-
tary service. Mention has already been made (p. 390) of
the Latini luniani,

499. The Peregrin!. Even those with Latin rights are
av. 8. 5. 8. sometimes spoken of as peregrinij but the term is usually
applied only to freemen who had neither Roman nor Latin
citizenship. Into this category fell citizens of independent
states, and members of communities which Rome had con-
quered. Such legal rights as the peregrini had they gained
by treaties between their own states and Rome, or in the
court of the praetor, or through the charter of the province
in which they lived.

They were allowed to acquire property, to buy and to
sell, but they did not have the ius conubiij nor the right
to wear the toga, except as a specially granted privilege.
The peregrini dediticii (cf. p. 390) belonged to a special
category. A large addition was made by Marcus Aurelius
and some of his successors (p. 326) to the number of
the peregrini dediticii by the settlement of barbarian
colonists, especially on the banks of the Rhine and the
Danube.

POPULAR ASSEMBLIES 397

500. The Edict of Caracalla. The edict of Caracalla in
the year 212 granted Roman citizenship to all freemen
living^ in the Roman empire. This measure did not affect
tfie £atini luniani or the peregrini dediticiiy nor did it
preclude the possibility of establishing new colonies of
peregrini. In point of fact, the first two classes are found
after Caracalla's time, but probably no new colonies of
peregrini were established.

(/) Political Divisions and Popular Assemblies

501. Tribes, Centuries, and Classes. The division of the
people into thirty-five tribes continued under the empire,
but, since citizens were no longer subject to the tributum
or to military service, it served no other political purpose
than to indicate the citizenship of those whose names
appeared in the list. The one practical purpose which
the tribal list did serve was to give the names of those
who were entitled to gratuities of grain, or to such other
largesses as the state saw fit to dispense. Membership in
a tribe was usually hereditary. Almost all freemen were
assigned to the thirty-one country tribes ; freedmen to the St. R. 1
four urban tribes. Up to a late period the tribes were still ^^^
divided into centuries of seniores and iuniores. Even the C. 1. L.
division of the people into classes continued for a time,

but it ultimately disappeared before the new property
J*ating on which the equestrian and senatorial orders were
based.

502. The Comitia Curiata. After the fall of the republic
'we hear nothing of the lex curiata de imperio (p. 14), the
one political measure upon which the comitia curiata had

the right to act. That body still met, however, to pass on SuetAi
family affairs which required formal action.

398 IMPERIAL PERIOD: DESCRIPTIVE

503. The Comitia Centuriata. The machinery of the

comitia centuriata was still in existence, and the external

forms were still observed, such as the taking of auspices |A-

*an.63; and the displaying of a red flag on the Janiculum while
7. 28

the assembly was in session ; but the centuriate comitia had

lost its meaning, and for the sake of convenience almost
all the measures which were submitted to a popular assem-
bly were brought before the comitia tributa. The one \ B.
legislative matter over which it had held exclusive control
under the republic, viz., the declaration of an offensive war,
was now within the competence of the emperor ; the elec-
tions were transferred to the senate by Tiberius, and,
although the assembly was called together a few days aftcf
the senate had elected the magistrates, to hear the renun-

tiatio, that ceremony was a simple act of confirmation by
the multitude. The qucustiones had already supplanted
the centuriate comitia in judicial matters.

504. The Comitia Tributa. The comitia tributa assem-
bled for the renuntiatio in the case, of the curule aediles,

,8. 20, the quaestors, and the XX viriy just as the centuriate
assembly met to hear the announcement made of the newly
elected consuls and praetors. In the field of legislation it
played a more important part for a time than the centuriate
comitia. Several of the important laws of Augustus were
II. passed in this body, and ever in the reign of Domitian
' ^' there is evidence of its activity, although, since most of the
bills brought before it were probably drawn up by the
princepSy its action can hardly have been free.

505. The Concilium Plebis. A similar state of things
robbed the concilium plebis of all significance. It was still
in existence under the early empire, but the measures
which it passed were submitted to it by the princeps by
virtue of his tribunician power.

POPULAR ASSEMBLIES 399

Selected Bibliography ^

A. V. Brinz, Alimentenstiftungen d. rom. Kaiser, Sitzungsber. d. k.

bayr. Akad. d. Wiss. 1887, Hist. Klasse, pp. 209 &.
L. Cantarelli, I latini luniani. Bologna, 1883.
G. Cothenet, De la condition des peregrins. Dijon, 1885.
L. M. Hartmann, De exilio apud Romanos usque ad Severi Alexandri

principatum. Berlin, 1887.
H. Lemonnier, ]£tude hist, sur la condition privee des affranchis,

etc. Paris, 1887.
F. Lindet, De Tacquisition et de la perte du droit de cit^ rom.

Paris, 1880.
N. li. Michel, Droit de cite rom. Paris, 1885.
Stobbe, Ueber die Komitien unter den Kaisem, Philol. XXXI.

288-295.

^ See also bibliography on pp. 265, 288, 304, 316, 328, 35S.

SUPPLEMENT

THE ROMAN JUDICIAL SYSTEM

506. Administration of Justice by the State. Among
primitive peoples the individual who has suffered an injury
at the hands of another relies largely upon his own efforts,
or those of his kindred, to regain his rights or to punish the
offender. But this method of securing justice disturbs the
peace, and often leads to excesses. Many offenses too, like
theft or dishonesty, are a menace to the community. It is
in the interest of the community, therefore, to compose
differences between citizens, and to assist them in securing
their rights. These considerations lead the state to take
upon itself the administration of justice.

507. The Roman Judicial System under the King. The
function is of course exercised by some official or officials
representing the state. Since in the earliest period of Rome
of which we have any positive knowledge the supreme power
lay in the hands of the king, it was he, or some one dele-
gated by him, who acted as judge in both civil and criminal
cases. He was assisted by the quae store s parricidi (sec. 18),
the duumviri perduelHonis y and the pontiffs, and a decision
was rendered in accordance with the ancestral customs.
The pontiffs played an important part in such matters,
because they alone knew the exact methods of procedure,
and they were more familiar than any one else with the mores
maiorum. They held this exceptional position until the
Twelve Tables were published in 450 B.C., and the "forms
of actjon " in 304 B.C. (cf. sec. 51). So far as procedure in

400

CRIMINAL COURTS 4OI

the regal period was concerned, probably the case was insti-
tuted before the king, and the finding of facts delegated to
thQ duumvirs or the quaestors. If a capital sentence was
imposed, an appeal to the people could be asked, but a
citizen does not seem to have had the right to it.

508 • Division into Civil and Criminal Actions. All civilized
;>eoples think of wrongful acts as directed primarily either
igainst the state or against the individual. Acts of the first
cind constitute crimes ; those of the second kind give rise
to civil cases. Under the republic they were carefully dis-
tinguished, and courts were established for both classes of
cases. In discussing the Roman judicial system, therefore,
it will be our object to find out how these civil and crimi-
nal courts were organized and to study their method of
procedure.

(a) Criminal Courts

509. Jurisdiction of the Family, the Church, and the
State. In the early period there were three classes of crimi-
nal offenses, of which the family, the church, and the state
respectively took cognizance. The father of a family had
the right to inflict a punishment, even that of death, upon
any member of his household ; the pontiff sat in judgment
on such offenses against the gods as the lapse from chastity
of a vestal virgin, and these two kinds of jurisdiction con-
tinued throughout republican history. But we are concerned
here only with the administration of justice by the state.

510. Officials who had Criminal Jurisdiction. In its de-
velopment the history of the Roman criminal courts of the
republic falls into two periods, Jthat of the early and middle
republic, and that of the late 'republic. The dividing line
is 149 B.C., when the first standing court, or quaestio per-
petua, was established. The right to sit in judgment was

402 SUPPLEMENT

inherent in the imperium, and consequently all the repub-
lican magistrates with the imperium enjoyed it. Besides
officials who had the imperium, quaestors, aediles, tribunes,
and triumviri capitales had criminal jurisdiction in certain
classes of cases. In the early period the conduct of criminal
cases which would have been heard by the consul was usually
delegated by him to the quaestor. The aediles prosecuted
for usury and similar offenses. The tribunes brought charges
against those who had violated the rights of the plebeians
or had committed political offenses. The triumviri capitales
were police magistrates, and especially heard charges of dis-
orderly conduct. They also inquired into serious offenses
committed by slaves or foreigners.

511. The Popular Assemblies acquire Judicial Power. The
laws which gave citizens the right of appealing to a popular
assembly in case the death sentence or a fine of 3020 asses
was involved (cf. sees. 27, 30) brought about a great change
in the conduct of criminal cases. These measures made
the popular assemblies judicial bodies^ and persons sen-
tenced to either of the penalties mentioned were brought
before them for trial. After the passage of the laws of the
Twelve Tables all cases involving the death penalty were
heard by the centuriate comitia ; but this penalty was rarely
inflicted because an accused person could avoid the imposi-
tion of it by going into exile before the final vote was taken.
Cases involving fines above the maximum mentioned were
brought before the tribal assemblies. On occasions the
assembly, at the request of the senate, passed a measure
establishing a special court, or quaestio extraordinaria^ to
hear a given case.

512. The Quaestiones perpetuae and their Composition. It
was probably the advantage which such a small judicial body
of picked men had over a large assembly, which led the

CRIMINAL COURTS 4O3

Romans in 149 B.C. to establish a permanent court, or
quaestio perpetua (de repetundis). This court, as its title
indicates, was intended to try magistrates charged with extor-
tion. On the analogy of it seven or eight others were estab-
lished, each by a special law, to investigate such charges as
those of treason {mates tas), corrupt practices at elections
{ambitus), and peculation in office {peculatus). The system
was rounded out by Sulla (cf. sec. 96), and after his day it
was only in exceptional cases that criminal prosecutions were
brought before a popular assembly or a quaestio extra-
ordinaria. The presidency of these courts was held by
praetors and ex-aediles, who bore the title of iudices quaesti-
onis. Each year a list of several hundred jurors was drawn
up by the praetor and the quaestor, and from this list
{album iudicum) the panel for a particular trial was chosen
by lot. From this panel both the prosecution and the
defense could reject a certain number of unacceptable
jurors, and the renaaining number constituted the jury,
whose size was fixed within certain limits by the laws estab-
lishing the several courts. The smallest jury of which we
have any record numbered thirty- two, the largest seventy-
five. Down to 123 B.C. the jurors were taken from the
senatorial order ; from that date to 70 b.c. they were all
Jcnights, but the lex Aurelia of 70 b.c. introduced a com-
promise under which juries were composed of senators,
knights, and tribuni aerarii,

513. Procedure in Criminal Courts. We do not know
how criminal cases were conducted before a magistrate
or in a special court, but probably the magistrate com-
pelled the attendance of the accused person and exam-
ined him, although before the special tribunals the
practice of allowing private citizens to prosecute doubtless
developed.

404 SUPPLEMENT

The method of procedure before a popular assembly has
already been described (cf. sec. 309). The meetings of the
standing courts were held in the Forum, with the praetor
on his raised tribunal and the jurors seated on benches.
The principal prosecutor (accusaior), who was always a pri-
vate citizen, might be supported by others (subscriptores).
The accused {reus) was commonly represented by advo-
cates {patront) and attended by prominent friends {advo-
cati), who assisted him by their presence and advice. The
personnel of the court also included messengers, heralds,
clerks (viaiares, prae cones, scribae^^ lictors, and a consilium
of three or more jurists to give legal advice to the praetor.
If several persons claimed the right to prosecute the accused
man, as was not infrequently the case, the praetor selected
the prosecutor in a preliminary proceeding (divinatio). The
charge and the names of the accuser and the accused were
then made a matter of record, and ten days or more were
allowed the prosecutor to prepare his case. In the mean-
time the accused person was imprisoned or given his freedom
on bail. At the next meeting the jury was constituted, and
speeches were made by counsel for the prosecution and the
defense. After the pleadings came the evidence, followed
by brief questions and answers (altercaiio) by patroni of
the two parties to the case. The proceedings up to this
point were in iure ; with the active participation of the
indices they became in iudicio. An oath was administered
to the jurors, and they retired to deliberate on their verdict.
Each member of the jury was provided with a wooden tablet,
covered on both sides with wax. In the wax on one side
stood c {ondemno), on the other a {bsolvd). The juror erased
the one or the other of these letters and deposited the
tablet in an urn, or he could erase both letters, if the evi-
dence had not convinced him of the guilt or the innocence

CRIMINAL COURTS 40$

of the accused person, and scratch the two letters n{pn)
l(iquef) on his tablet. A majority of the votes decided the
case. Probably in the later period the tablets upon which
«. /. had been written by jurors were counted for acquittal,
but if these tablets were in the majority, the case could be
instituted anew by a new prosecutor. The vote was counted
and the verdict announced by the presiding magistrate, who
also fixed the penalty under the law. The severest penalty was
4iquae et ignis interdictio. This meant that no one in Italy,
for instance, was allowed to offer fire or water to a person
upon whom this sentence had been passed, and was there-
fore equivalent to a decree of exile. From the decision of
a quaestio perpetua there was no appeal. In case of acquittal
the prosecutor was liable to the charge of calumnia, i.e. of
having made a groundless accusation ; or oi praevaricatio,
i.e. of having conspired with the defense to secure an
acquittal. In case of conviction he received a praemium,
fixed by the magistrate and jury. The decisions of the civil
as well as the criminal courts were based on statutes and
judge-made laws. The Twelve Tables and the actions of the
senate and of the popular assemblies made up the former ;
the edicts of the magistrates, notably of the praetor (cf.
sec. 204), gave rise to the latter.

514. Ancient and Modem Procedure. There are some
interesting points of resemblance and of difference between
the procedure adopted in the Roman court and that fol-
lowed in our own criminal trials. The law in both cases is
the secular law, uninfluenced by any ecclesiastical principles
or religious observances save the administration of an oath.
The case is adjudicated by a magistrate, who confines him-
self in the main to an interpretation of the law, and a jury
which considers the facts and renders a verdict. The panel
is chosen by lot and unacceptable jurors may be challenged.

406 SUPPLEMENT

Both oral and written testimony is admissible. The differ-
ences between the ancient and modern practices are of a
comparatively minor character, but still they are important
A magistrate in modern times has no board of legal advisers,
but the advice of such a body was necessary to a praetor
who held office for a year only, and had no extended legal
experience. The bringing of the action by a private citi-
zen is not in accordance with our practice. A Roman trial
was much shorter than one in modern times, being often
concluded within a day. Under Anglo-Saxon law a majority
vote' of the jury does not settle a case as it did in Rome.
The Romans, under the republic, had no graded series of
courts from one to another of which an appeal could be
taken. The point in the Roman procedure most remarkable
to us lay in the presentation of the main arguments by
counsel before the evidence had been heard, although, of
course, use was made, by anticipation, of the testimony to be
given. The same looseness of procedure which charac-
terized the meetings of Roman legislative bodies (cf. sec.
276) is noticeable in the courts. Thus, for instance, the
jury was not under careful surveillance ; prominent political
friends of the accused occupied conspicuous places in the
court, demonstrations of approval or disapproval occurred,
and the rules of evidence were less strict than with us, so
that even hearsay evidence was admitted.

515. Criminal Trials under the Empire. Under the empire
the popular assemblies ceased to exercise their criminal
jurisdiction. The quaestiones perpetuae continued to exist
up to the third century of our era, but their importance was
lessened even under the early empire by the establishment
of the criminal jurisdiction of the senate and of the emperor.
Under Augustus the album iudicum contained about four
thousand names, under Caligula five thousand. Jurors

CIVIL COURTS 407

were chosen for life from the knights and the ducenarii^ or
citizens who had a fortune of 200,000 sesterces. The pro-
cedure in the quaes tiones continued without essential change,
except that in case there was a majority of one only for con-
viction, the emperor, if he were present in court, could
deposit the calculus Minervae and secure the acquittal of
the accused person.

The criminal jurisdiction of the senate and the emperor
has already been discussed (cf. sees. 412, 480). Of the
r^aore severe penalties the commonest were relegatio, which
involved exile for life, often to a specified place, and deporta-
tioy which included relegatio as well as the loss of citizenship
and confiscation of property. The sources of criminal and
of civil law under the empire were in part senatus consulta,
but more particularly the edicts of magistrates and the
constitutiones principis (cf. sec. 413).

(ft) Civil Courts

516. Officials who had Civil Jurisdiction. Since the
quaestor had general supervision of the state treasury (cf.
sec. 239), and since the censor had charge of farming the
taxes and constructing public works (cf. sec. 213), almost all
civil cases to which the state was a party came under the
jurisdiction of these two officials. Such cases would include
particularly the collection of money due the state and the
enforcement of state contracts. The aediles had charge of
the markets (cf. sec. 234), and consequently disputes with
reference to mercantile transactions were naturally referred
to them. Civil cases other than those mentioned came
before the praetor.

517. Organization of Civil Courts under the Republic.
Under the developed judicial system of the republic the

^ ^jjre in civil cases into the proceed-

djvi'sJoB of ^^J/^ iudivio was carefully observed. The

ings '" '^^ jjducted the former in person ; the latter were

m^P^^^ jjim to a tuc/ex or to indices. The reference

^^^ , QiiYiti to indices^ to recuperatores, to arbitri^ to
^earnviri stlitibus iudicandis, or to the centumviri.

was

r
111

The method of making out the album iudicuniy and of choos
' ff a jury for a particular case has already been discussed
(ct sec. 512). ^\it recuperatores were chosen, in accordance Ik|
^ith treaties with foreign nations, for the trial of civil case^
in which both citizens dsA peregrini were concerned. They
made their appearance, therefore, in the court of the prae-
tor peregrinusy but the procedure before them was so much
more simple than that in other courts that they were not Jei
infrequently employed when citizens only were concerned.
Such a number was selected by lot that after the prosecu-
tion and defense had exhausted their right of challenging,
the board still numbered three or five. When it was neces-
sary to use a large measure of discretion arbitri were called
in. The difference between cases assigned to indices and
to arbitri has been clearly illustrated by Cicero (^pro Rose,
Com. 4) : aliud est indicium^ aliud arbitrium. Indicium est
pecuniae certae ; arbitrium incertae. Ad indicium hoc modo
venimuSy nt totam litem ant obtineamns^ ant amittamus ; ad
arbitrium hoc animo adimns, ut neqne nihil, neque tantum
quantum postulavimus, consequamur. The decemviral
and centumviral courts were permanent courts of great
antiquity. The members were chosen for a year, those of
the former court being elected in the tribal comitia, those
of the latter being appointed by the praetor. Under the
republic the centumviral court contained three representa-
tives from each tribe, which gave it a total of one hun-
dred and five members. The decemvirs considered cases

CIVIL COURTS 409

Etffecting the civil status of citizens ; the centumvirs dealt
^?vith such questions of ownership as those involved in
inheritances and the transfer of land.

518. Procedure by the Legis Actiones. In the early
period of the republic a claim was prosecuted in a civil
court by one of the five legis actiones. These bore the
following technical names : per sacramentum^ per iudicis
Jostulationem^ per condictionem^ per manus iniectionem,

and per pignoris capionem. It will be sufficient for our
purpose to consider the method per sacramentum^ which
was the commonest and is the one best known to us.
Under it each party to the action deposited a guarantee,
which was forfeited to the state by the losing party. The
exact words of the law had to be followed, and any devia-
tion from them caused the loss of the case. After this pre- *
liminary step had been taken before the magistrate, the
case was usually referred to a iudexy who followed the pro-
cedure, borrowed by the quaestiones, which has already
been described (cf. sec. 513).

519. Procedure by the Formulary Method. The technical
difficulties of the old system and its failure to meet the
needs of a more complex civilization led to the gradual
introduction, in the second and first centuries before our
era, of the formulary method, although the old system was
retained in the decemviral and centumviral courts. The
necessary flexibility to meet the growing industrial needs of
the community was obtained through the use of the praetor's
edict. In this document each praetor, at the beginning of
the year, incorporated those maxims of law and forms of
procedure which he would follow during his term of office
(cf. sec. 204). It represented the edict of his predecessor
with such modifications and additions as his own judgment
and the needs of the times required. The growth of legal

4IO SUPPLEMENT

principles and formulae which were thus embodied in the
praetor's edict kept pace with the development of society,
and the formulae of the praetor gradually supplanted the
legis actiones in the civil courts. When the formulary
method was followed the plaintiff summoned the defend-
ant to appear before the magistrate on a certain day,
when the case at issue was presented by the two parties,
and the plaintiff requested the praetor to instruct the iudex
under a certain formula of the edict which he (the plaintiff)
had already picked out. The praetor either refused to
allow the suit to proceed, or he instructed the iudex under*
the desired formula. A formula was made up of three
important parts : (i) the demonstration or grounds of action
on the part of the plaintiff ; (2) the intention or claim of the
plaintiff; and (3) the sentence, which took the form of a
condemnatio or an adiudicatio. These three parts are well
illustrated by a typical case in Gains (IV. 40 ff.) : (i)quod
Aulus Agerius Numeric Negidio hominem vendidit, (2) si
paret Numerium Negidium Aula Agerio sestertium X milia
dare oportere, (3) iudex Numerium Negidium Aula Agerio j
sestertium X milia condemna ; si nan parety absolve. The |
third part of the formula just given applies to a sum already
fixed, and is a condemnatio. If the sum was to be fixed by 1
a iudexy as when property was to be divided between 1
several litigants, the third part of the formula was an adiu-
(iicatioy and took some such form as this : quantum adiudi-
cari oportety iudex Titio adiudicato. The essential portion of
the formula was the intentio, and it could even stand alone
when the iudex was called upon to pass judgment on the
truth or falsity of the statement embodied in it. The for-
mula was presented to the iudex by the two parties to the
action. He fixed a day for the hearing, and with that the
proceedings in iudicio began. After the pleas of both sides

CIVIL COURTS 411

had been made, the evidence heard, and the altercatio fin-
ished, the index with his legal advisers, or with the jurors,
retired to consider the verdict. The plaintiff was assisted
by the magistrates in recovering from the defendant the
award of the court. Under the legis actiones the plaintiff
must plead his own cause, but under the formulary method
advocates could be employed. .

520. Civil Courts under the Empire. Under the empire
the praetors and curule aediles and the decemviri and cen-
tumviri retained their functions, and to these officials and
bodies are to be added the consul, who heard certain cases of
appeal assigned to him by the senate, and the emperor, who
in person or through a delegate heard cases in the first in-
stance and on appeal. The centumviral court, which still kept
the procedure by legis actiones^ now numbered one hundred
arid eighty members and was divided into four chambers.
Some cases in this court were heard successively before
two chambers, others before the four chambers sitting to-
gether. The decemvirs acted as presidents of the chambers,
with a praetor as first president. (Upon the judicial func-
tions of the consul and emperor cf. sees. 464, 410, 411.)
The formulary procedure continued in common use, except
that decisions of the emperor and his delegates were made
without calling in indices. The practice of having a small
board of legal advisers sit with the magistrate continued in
force, and in course of time these assessores, as they were
called, received a salary from the state. The parties to a
civil case could also consult certain designated jurists ; the
advice of these specialists was binding on the index, and
thus the responsa pmdentinm furnished a new and impor-
tant source of law.

521. Courts in the Provinces. The governor of a prov-
ince held court at convenient points, to which cases from

4IO SUPPLEMENT

principles and formulae which were ^ j^ course of time
praetor's edict kept pace with th prom his jurisdiction
and the formulae of the pw obably in other communi-
legis acHones in the civi'^^i^ii ^nd criminal cases were
method was followed tv^ accordance with local law. In
ant to appear befo-^^^gnior or his delegate the Roman
when the case at ^^ proceedings in iure, but the exami-
and the plainti^ ^^ ^^^^ ^^^ indices. Under the empiie
under a cert ^ ^^ ^j^^ ^-^^jA' in senatorial provinces could
naa aire" .'^^^ proconsul and to the senate or emperor;
allow ,/'^rose in imperial provinces could be appealed
. ^ /Jj^ror. A governor had the right of life and death
"^ '•■'if^^^^ ^^^ capital cases where Roman citizens were
.''^;«i<jd were referred to Rome.

General Bibliography

w/ar^f Histoire de I'organlsation judiciaire des Romains, I. Paris,

1901.
^uq, Les institutions juridiques des Romains, etc. Paris, 1902.
lioby, Roman Private Law in the Times of Cicero and of the Anto-

nines/ 2 vols. Cambridge (England), 1902.
Lenel, Essai de reconstitution de Tedit perpetuel. Paris, 1901.
Greenidge, Legal Procedure of Cicero's Time. New York, 1901.

'. APPENDIX I

.r, SENATUS CONSULT A, AND OTHER
DOCUMENTS

^ (a) SenatariaJ Documents

)tion made by Caesar with reference to the Cati-
:onspirators (Sail. Cat 51. 43). Cf. pp. 228 f.

\ censeo, publicandas eorum pecunias, ipsos in vinculis
; per municipia, quae maxume opibus valent, neu quis
►stea ad senatum referat neve cum populo agat ; qui
erit, senatum existumare eum contra rem publicam et
>mnium facturum.

Dtion made by Cicero in 43 B.C. with reference to
soldiers (Cic. Fhil, 8. 33).

)b res ita censeo : eorum, qui cum M. Antonio sunt,
mis discesserint et aut ad C. Pansam aut ad A. Hir-
jules aut ad Decimum Brutum imperatorem, consulem
im, aut ad C. Caesarem propraetore ante Idus Martias
iierint, eis fraudi ne sit, quod cum M. Antonio fuerint.
orum, qui cum M. Antonio sunt, fecerit quod honore
e dignum esse videatur, uti C. Pansa, A. Hirtius
alter ambove, si eis videbitur, de eius honore prae-
imo quoque die ad senatum referant. Si quis post
tus consultum ad Antonium profectus esset praeter
n, senatum existimaturum eum contra rem publicam

e senatus consultum de Bacchanalibus^ so-called,
ar 186 B.C. (C /. Z. I. 196 = X. 104).^ In reality

t of the epigraphical documents which follow, the text of Bruns, Pontes
ni A ntt'fui {6ih edition, 1893), has been adopted.

414 APPENDIX 1

it is a letter from the consuls embodying the decree, and
addressed to certain municipal magistrates.

[Q.] Marcius L. f., S(p.) Postumius L. f. cos. senatum con-
soluerunt n(onis) Octob. apud aedem Duelonai.

Sc(ribendo) arf(uerunt) M. Claudi(us) M. f., L. Valeri(us)
P. f., Q. Minuci(us) C. f.

De Bacanalibus quei foideratei esent ita exdeicendum
censuere :

Neiquis eorum ^acanal habuise velet; sei ques esent,
quei sibei deicerent necesus ese Bacanal habere, eeis utei ad
pr(aitorem) urbanum Romam venirent, deque eeis rebus, ubei
eorum v^r^a audita esent, utei senatus noster decemeret, dum
ne minus senatorbus C adesent [quom e'ja, res cosoleretur.

Bacas vir nequis adiese velet ceivis Romanus neve nominus
Latini neve socium quisquam, nisei pr. urbanum adiesent, isque
[^/]e senatuos sententiad, dum ne minus senatoribus C adesent
quom ea res cosoloretur, iousis^t. Ce[«]suere.

Sacerdos nequis vir eset; magister neque vir neque mulier
quisquam eset. Neve pecuniam quisquam eorum comoine[w
^]abuise ve[/]et; neve magistratum, neve pro magistratu//,
neque virum \neque w«/]ierem quiquam fecise velet. Neve
post hac inter sed conioura[j<? nev']Q comvovise neve conspon-
dise neve conpromesise velet, neve quisquam fidem inter sed
dedise velet. Sacra in ^quoltod ne quisquam fecise velet; neve
in poplicod neve in preivatod neve exstrad urbem sacra quis-
quam fecise velet, nisei pr. urbanum adiese t, isque de senatuos
sententiad, dum ne minus senatoribus C adesent quom ea res
cosoleretur, iousis<?t. Censuere.

Homines pious V oinvorsei virei atque mulieres sacra ne
quisquam fecise velet, neve interibei virei pious duobus, mulieri
bus pious tribus arfuise velent, nisei de pr. urbani senatuosque
sententiad, utei suprad scriptum est.

Haice utei in coventionid exdeicatis ne minus trinum noun-
dinum, senatuosque sententiam utei scientes esetis eorum sen-
ten tia ita fuit : • sei ques esent, quei avorsum ead fecisent, quam

SENATORIAL DOCUMENTS 415

suprad scriptum est, eeis rem caputalera f aciendam censuere '
atque utei hoce in tabolam ahenam inceideretis, ita senatus
aiquom censuit, utHsique earn figier ioubeatis, ubei facilumed
gnoscier potisit ; atque utei ea Bacanalia, sei qua sunt, exstrad
quam sei quid ibei sacri est, ita utei suprad scriptum est, in
diebus X, quibus vobeis tabelai datai erunt, faciatis utei dismota
sient.— IN AGRO TEURANO.

4. An extract from the senatus consultum de Thisbaeis^
of the year 170 B.C., preserved on a marble tablet found in
Boeoda (Eph. Epigr. I, p. 278).

{a) Koiirro9 Matvtos Tirov vtos a-Tparrfyo^ t^i <rvvxX^T<oi crvvc-
/3ovX€'V(raTO iv KOfieriwi irpo i^/x,ep[]ci)]]v CTrra oZvlav Oxro>/x)3pi(ov.

Tpa<l>Ofi€v<tiL iraprjo'av Mavtos ' AkiAios Mavtov vtos OXrc^iviJa,
Titos ^ofiiaio^ Ttrou vios.

Uepl wv ©ttrf/SJcis Xoyous ^ironjaavTO vepl t5>v Ka6* avfrjovs
ir/oay/xar<ov, oirtvcs cv rrji <l>iXtai riji ^/xercpai cvc/xccvav, oirois
avTOK 3o^a)<riv, [o]]!? ra Kaff avrous Trpaypuara iirfyi^awvrai,

irtpl TovTOv Tov irpdypjaro^ ovtws cSo^cv ottws Koivros
Mamos a-rpa.T'qyo^ twv ex t^s o-vvkXi/tou [ttJcVtc airoraiTji, ot
av avrwi ck twv SrffioaiiDV Trpafy/xjarcov xal r^s i3tas TriitrTcws
^tvcDvrai. *E8ofc.

(^) Q. Maenius T. f. praetor senatum consuluit in comitio
a. d. VII idus Octobres.

Scribendo adfuerunt M'. Acilius M'. f. Vol(tinia), T. Numi-
sius T. f.

Quod Thisbaei verba fecerunt de rebus ad se pertinentibus
ii qui in amicitia nostra permanserunt, ut sibi darentur, quibus
res ad se pertinentes exponerent,

de ea re ita censuerunt : ut Q. Maenius praetor ex senatu
quinque delegaret, qui sibi e re publica fideque sua viderentur.
Censuere.

5. A senatus consultum, passed in 5 1 B.C. with reference
to Caesar's provinces (Gic. ad Fam, 8. 8. 5).

4i6 APPENDIX I

Pr. Kal. Octobris in aede ApoUinis scrib. adfuerunt L
Domitius Cn. f. Fab. Ahenobarbus, Q. Caecilius Q. f. Fab.
Metellus Pius Scipio, L. Villius L. f. Pom.* Annalis, C. Sep-
timius T. f. Quir., C. Lucilius C» f. Pup. Hirrus, C. Scri-
bonius C. f. Pop. Curio, L. Ateius L. f. An. Capito, M. Eppius
M. f. Ter. Quod M. Marcellus cos. v(erba) f(ecit) de pro-
vinciis consularibus, d(e) e(a) r(e) i(ta) c(ensuere), uti L
Paulus, C. Marcellus coss., cum magistratum inissent, ex Kal.
Mart, quae in suo magistratu futurae essent, de consularibus
pro vinciis ad senatum referrent, neve quid prius ex Kal. Mart,
ad senatum referrent, neve quid coniunctim, utique eius rei
causa per dies comitialis senatum haberent senatique consul-
tum facerent, et, cum de ea re ad senatum referretur, a con-
siliis, qui eorum in CCC. iudicibus essent, s(ine) f(raude)
s(ua) adducere liceret ; si quid de ea re ad populum plebemve
lato opus esset, uti Sen Sulpicius, M. Marcellus coss., praetores
tribunique pi., quibus eorum videfetur, ad populum plebemve
ferrent ; quod si ii non tulissent, uti, quicumque deinceps essent,
ad populum plebemve ferrent. C(ensuere).

6. A senatus auctoritas (cf. pp. 198 f., 229 f.) of the
year 51. Four tribunes interposed their vetoes (Cic. ad
Fam, 8. 8. 6).

Pr. Kal. Octobris in aede ApoUinis scrib. adfuerunt L
Domitius Cn. f. Fab. Ahenobarbus, Q. Caecilius Q. f. Fab.
Metellus Pius Scipio, L. Villius L. f. Pom. Annalis, C. Septi-
mius T. f. Quir., C. Lucilius C. f. Pup. Hirrus, C. Scribonius
C. f. Pop. Curio, L. Ateius L. f. An. Capito, M. Eppius M. f.
Ter. Quod M. Marcellus cos. v(erba) f(ecit) de pro vinciis,
d(e) e(a) r(e) i(ta) c(ensuere), senatum existimare neminem
eorum, qui potestatem habent intercedendi, impediendi, moram
adferre oportere, quo minus de r(e) p(ublica) p(opuli)
R(omani) q(uam) p(rimum) ad senatum referri senatique con-
sultum fieri possit: qui impedierit, prohibuerit, eum senatum
existimare contra rem publicam fecisse. Si quis huic s. c.
intercesserit, senatui placere auctoritatem prescribi et de ea

SENATORIAL DOCUMENTS 417

re ad senatum p(rimo) q(uoque) t(empore) referri. Huic s. c.
intercessit C. Caelius, L. Vinicius, P. Cornelius, C. Vibius
Pansa, tribuni pi.

7. The senatus consultum de nundinis saltus Beguensis,
found at Henschir Begar in Africa. Its date is a.d. 138
(C /. Z. VIII. 270 and Suppl. 11451).

SC. de nundinis saltus Beguensis in t(erritorio) Casensi,
descriptum et recognitum ex libro sententiarum in senatu
dic[/tf]rum k(apite) VI T. luni Nigri, C. Pomponi Camerini
co(n)s(ulum),vin quo scripta erant A\^frica'\m iura et id quod
i(nfra) s(criptum) est.

In comitio in curia

[6Vr]ibundo adfuerunt Q. Sa[/]onius Q. f. Ouf. [X^]ngus,
. . . [-<4]ni Quar[/]inus, C. Oppius C. f. Vel. Severus, C.
For(/) . . C. f. . . . [Sex. ^r«]ciu[j], M. f. Quir. Clarus, P.
Cassius L. f. Aem. Dexter q(uaestor), P. Nonius M. f. Ou[/*].
Macrinus q(uaestor). In senatu fuerunt C.

SC. per discessionem factum.

Quod P. Cassius Secundus, P. Delphius Peregrinus Aleius
Alennius Maximus Curtius Valerianus Proculus M. Nonius
Mucianus coss. verba fecerunt de desiderio amicorum Lucili
Africani c(larissimi) v(iri), qui petunt: ut ei permittatur in
provincia Afric(a), regione Beguensi, territorio Musulamiorum,
ad Casas, nundinas 1 1 II nonas Novemb. et XII k. Dec, ex eo
omnibus mensibus I III non. et XII k. sui cuiusq(ue) mensis
instituere habere, quid fieri placeret,

de ea re ita censuerunt: permittendum Lucilio Africano,
c. v., in provincia Afric(a), regione Beguensi, territorio Musu-
lamiorum, ad Casas, nundinas II 1 1 non. Novemb. et XII k.
Decembr. et ex eo omnibus mensibus III I non. et XII k. sui
cuiusq(ue) mensis instituere et habere, eoque vicinis adve-
nisq(ue) nundinandi dumtaxat causa coire convenire sine iniuria
et incommodo cuiusquam liceat.

Actum idibus Octobr. P. Cassio Secundo, M. Nonio Muci-
ano. Eodem exemplo de eadem re duae tabellae signatae

41 8 APPENDIX I

sunt Signatores: T. Fl. Comini scrib(ae), C. luli Fortunati
scrib(ae), M. Caesi Helvi Euhelpisti, Q. MetiH Onesimi,
C. luli Periblepti, L. Verani Philerotis, T. Flavi Crescentis.

{b) Actions of the Popular Assemblies

8. Selections from the fragments preserved in literature
of the Laws of the Twelve Tables, dating from 45 1-450 B.C.
Cf. pp. 30 f.

Tabula I

1. Si in ius vocat, ito. Ni it, antestamino : igitur em
capito. Si calvitur pedemve struit, manum endo iacito. Si
morbus aevitasve vitium escit, iumentum dato. Si nolet,
arceram ne stemito.

2. Assiduo vindex assiduus esto; proletario iam civi quis
volet vindex esto.

3. Rem ubi pacunt, orato. Ni pacunt, in comitio aut in
foro ante meridiem caussam coiciunto. Com peroranto ambo
praesentes. Post meridiem praesenti litem addicito. Si ambo
praesentes, solis occasus suprema tempestas esto.

Tabula II

1 . ... Morbus sonticus . . aut status dies cum hoste . . quid
horum fuit unum iudici arbitrove reove, eo dies diffissus esto.

2. Cui testimonium defuerit, is tertiis diebus ob portum
obvagulatum ito.

Tabula HI

I. * Aeris confessi rebusque iure iudicatis xxx dies iusti sunto.
Post deinde manus iniectio esto. In ius ducito. Ni iudicatum
facit aut quis endo eo in iure vindicit, secum ducito, vincito aut
nervo aut compedibus xv pondo, ne minore, aut si volet maiore
vincito. Si volet suo vivito. Ni suo vivit, qui eum vinctum
habebit, libras farris endo dies dato. Si volet, plus dato.

LEGES 419

2. Tertiis nundinis partis secanto. Si plus minusve secue-
runt, se fraude esto.

3. Ad versus hostem aetema auctoritas [esto].

9. The first paragraph of the lex Quinctia de aqttaeduC"
tibus of 9 B.C. (Frontin. de Aq, 129). This is 2^ plebisci-
tum. On the method of voting in the two tribal assemblies,
cf. pp. 262 f.

T. Quinctius Crispinus consul populum iure rogavit popu-
lusque iure scivit in foro pro rostris aedis divi lulii pr(idie)

[]k.] lulias. Tribus Sergia principium fuit, pro tribu Sex

L. f. Virro [primus scivit].

10. The lex de imperio Vespasiani (cf. pp. 270, 307,
341 f., 345). It is of the year 69, and was found on a
bronze tablet at Rome (C /. Z. VI. 930).

.... foedusve cum quibus volet facere liceat ita, uti licuit
divo Aug(usto), Ti. lulio Caesari Aug(usto), Tiberioque
Claudio Caesari Aug(usto) Germanico;

utique ei senatum habere, relationem facere, remittere, sena-
tus consulta per relationem discessionemque facere liceat ita,
uti licuit divo Aug(usto), Ti. lulio Caesari Aug(usto), Ti.
Claudio Caesari Augusto Germanico;

utique cum ex voluntate auctoritateve iussu mandatuve eius
praesenteve eo senatus habebitur, omnium rerum ius perinde
habeatur servetur, ac si e lege senatus edictus esset habe-
re turque ;

utique quos magistratum potestatem imperium curationemve
cuius rei petentes senatui populoque Romano commendaverit
quibusque suffragationem suam dederit promiserit, eorum
comitis quibusque extra ordinem ratio habeatur;

utique ei fines pomerii proferre promovere cum ex re
publica censebit esse, liceat ita, uti licuit Ti. Claudio Caesari
Aug(usto) Germanico;

utique quaecunque ex usu rei publicae maiestate<7«^ divina-
rum huma;/«rum publicarum privatarumque rerum esse censebit,

420 APPENDIX I

ei agere facere ius potestasque sit, ita uti divo Aug(usto),
Tiberioque lulio Caesari Aug(usto), Tiberioque Claudio
Caesari Aug(usto) Germanico fuit;

utique quibus legibus plebeive scitis scriptum fuit, ne divus
Aug(ustus), Tiberiusve lulius Caesar Aug(ustus), Tiberiusque
Claudius Caesar Aug(ustus) Germanicus tenerentur, iis legibus
plebisque scitis imp(erator) Caesar Vespasianus solutus sit;
quaeque ex quaque lege rogatione divum Aug(ustum), Tibe-
riumve lulium Caesarem Aug(ustum), Tiberiumve Claudium
Caesarem Aug(ustum) Germanicum facere oportuit, ea omnia
imp(eratori) Caesari Vespasiano Aug(usto) facere liceat; —

utique quae ante banc legem rogatam acta gesta decreta
imperata ab imperatore Caesare Vespasiano Aug(usto) iussu
mandatuve eius a quoque sunt ea perinde lusta rataq(ue) sint,
ac si populi plebisve iussu acta essent

Sanctio.

Si quis hiiiusce legis ergo ad versus leges rogationes plebfeve
scita senatusve consulta fecit fecerit, sive quod eum ex lege
rogatione plebisve scito s(enatus)ve c(onsulto) facere oportebit,
non fecerit huius legis ergo, id ei ne fraudi esto, neve quit ob
earn rem populo dare debeto, neve cui de ea re actio neve
iudicatio esto, neve quis de ea re apud [jje agi sinito.

II. Two sections from the edictum perpetuum praetoris
urbani, entitled respectively (A) De vi turba incendio reij
and (B) De iniuriis, Cf. pp. 190, 318.

A. De vi turba incendio reL

I. Vi bonorum raptorum et de turba. Si cui dolo
malo hominibus coactis damni quid factum esse dicetur sive
cuius bona rapta esse dicentur, in eum, qui id fecisse dicetur,
indicium dabo. Item si servus fecisse dicetur, in dominum
indicium noxale dabo. Cuius dolo malo in turba damn/
quid factum esse dicetur, in eum in anno, quo primum de ea

EDICTS

421

re experiundi potestas fuerit, in duplum, post annum in sim-
plum iudicium dabo.

2. De incendio ruina naufragio rate nave expugnata. In
eum, qui ex incendio ruina naufragio rate nave expugnata
quid rapuisse recepisse dolo malo damnive quid in his rebus
dedisse dicetur : in quadruplum in anno, quo primura de ea re
experiundi potestas fuerit, post annum in simplum iudicium
dabo. Item in servum et in familiam iudicium dabo.

B. De iniuriis. i Qui autem iniuriarum agit,

certiun dicat, quid iniuriae factum sit, et taxationem ponat non
TCiaiorem quam quanti vadimonium fuerit.

2. Qui adversus bonos mores convicium cui fecisse cuiusve
opera factum esse dicetur, quo adversus bonos mores convicium
fieret ; in eum iudicium dabo.

3. Ne quid infamandi causa fiat. Si quis adversus ea fece-
rit, prout quaeque res erit, animadvertam.

4. Qui servum alienum adversus bonos mores verberavisse
deve eo iniussu domini quaestionem habuisse dicetur, in eum
iudicium dabo. Item si quid aliud factum esse dicetur, causa
cognita iudicium dabo.

5. Si ei, qui in alterius potestate erit, iniuria facta esse
dicetur et neque is, cuius in potestate est, praesens erit neque
procurator quisquam existat, qui eo nomine agat : causa cognita
ipsi, qui iniuriam accepisse dicetur, iudicium dabo.

12. An extract from an edict of the curule aediles. Cf.
pp. 204 ff.

r. De mancipiis vendundis. Qui mancipia vendunt,
certiores faciant emptores, quid morbi vitiive cuique sit, quis
fugitivus errove sit noxave solutus non sit : eademque omnia,
cum ea mancipia venibunt, palam recte pronuntianto. Quod si
mancipium adversus ea venisset sive adversus quod dictum
promissumve fuerit, cum veniret, fuisset, quod eius praestari
oportere dicetur : emptori omnibusque, ad quos ea res pertinet,
(/« sex mensibuSy quibus primum de ea re experiundi potestas
fuerit) iudicium dabimus, ut id mancipium redhibeatur, si

422 APPENDIX I

quid autem post venditionem traditionemque deterius emptoris
opera familiae procuratorisve eius factum erit, sive quid ex eo
post venditionem natum adquisitum fuerit, et si quid aliud in
venditione ei accesserit, sive quid ex ea re fructus pervenerit
ad emptorem, ut ea omnia restituat, item, si quas accessiones
ipse praestiterit, ut recipiat. Item si quod mancipium capi-
talem fraudem admiserit, mortis consciscendae sibi causa quid
fecerit, inve harenam depugnandi causa ad bestias intromissus
fuerit, ea omnia in venditione pronuntianto : ex his enim causis
indicium dabimus. Hoc amplius, si quis adversus ea sciens
dolo malo vendidisse dicetur, indicium dabimus.

13. An edict of the censors of the year 92 b.c.
(Gell. 15. 11). Cf. pp. 192 ff.

Renuntiatum est nobis esse homines, qui novum genus
disciplinae instituerunt, ad quos inventus in ludum conveniat;
eos sibi nomen imposuisse Latinos rhetoras ; ibi homines adu-
lescentulos dies totos desidere. Maiores nostri, quae liberos
suos discere et quos in ludos itare vellent, instituerunt. Haec
nova, quae praeter consuetudinem ac morum maiorum fiunt,
neque placent neque recta videntur. Quapropter et iis, qui eos
ludos habent, et iis, qui eo venire consuerunt, videtur faciundum,
ut ostenderemus nostram sententiam, nobis non placere.

14. A proclamation of the proconsul of Farther Spain
of the year 189 B.C. (C /. Z. II. 5041).

L. Aimilius L. f. inpeirator decreivit, utei quei Hastensium
servei in turri Lascutana habitarent, leiberei essent; agrum
oppidumqu(e), quod ea tempestate posedisent, item possidere
habereque iousit, dum poplus senatusque Romanus vellet
Act(um) in castreis a. d. XII k. Febr.

15. T\i<t praescriptio of a proclamation of the proconsul
of Sardinia of the year 69 (C /. Z. X. 7852).

Imp. Othone Caesare Aug. cos. XV k. Apriles descriptum
et recognitum ex codice ansato L. Helvi Agrippae procons(ulis),

EDICTS 423

quern protulit Cn. Egnatius Fuscus scriba quaestorius, in quo

scriptum fuit it quod infra scriptum est tabula Vc VIII

et Villi etX, etc.

16. An extract from an edict of the Emperor Claudius
of the year 46, bearing the title de civitate Anaunorum
(C /. Z. V. 5050). Cf. p. 349.

M. lunio Silano Q. Sulpicio Camerino cos. idibus Martis
Bais in praetorio edictiim Ti. Claudi Caesaris Augusti Ger-
manici propositum fuit id quod infra scriptum est :

Ti. Claudius Caesar Augustus Germanicus, pont(ifex) maxi-
m(us), trib(unicia) potest(ate) VI, imp(erator) /XI, p(ater)
p(atriae), co(n)s(ul) designatus IIII, dicit:

Cum ex veteribus controversis pe«</entibus aliquamdiu
etiam temporibus Ti. Caesaris patrui mei, ad quas ordinandas
Pinarium Apollinarem miserat; quae tantum modo inter
Comenses essent, quantum memoria refero, et Bergaleos,
isque primum apsentia pertinaci patrui mei, deinde etiam
Gai principatu quod ab eo non exigebatur referre, non stulte
quidem, neglexserit, et posteac detulerit Camurius Statu tus ad
me, agros plerosque et saltus mei iuris esse : in rem praesentem
misi Plantam lulium amicum et comitem meum, qui cum
adhibitis procuratoribus meis qu/'que in alia regione quique in
vicinia erant, summa cura inquisierit et cognoverit, cetera
quidem, ut mihi demons trata commentario facto ab ipso sunt,
statuat pronuntietque ipsi permitto.

17. An oath of allegiance to the Emperor Gaius, on a
bronze tablet found in Lusitania (C L L. II. 172).

C. Ummidio Durmio Quadrato, leg(ato) C. Caesaris Ger-
manici imp(eratoris) pro pr(aetore).

Jus iurandum Aritiensium.

Ex mei animi sententia, ut ego iis inimicus ero, quos
C. Caesari Germanico inimicos esse cognovero, et si quis
periculum ei salutiq(ue) eius in/er/ in/er^tque armis bello
internicivo terra mariq(ue) persequi non desinam, quoad

424 APPENDIX I

poenas ei persolverit: neq(ue) me [^ne^ue"] liberos meos eius
salute cariores habebo, eosq(ue), qui in eum hostili animo
fuerint, mihi hostes esse ducam: si sciens fallo fefellerove,
turn me liberosq(ue) meos luppiter optimus maximus ac divus
Augustus ceteriq(ue) omnes di immortales' expertem patria
incolumitate fortunisque omnibus faxint.

^A. d."] V idus Mai[^zj] in Aritiense oppido veteri Cn. Acer-
ronio Proculo, C. Petronio Pontio Nigrino cos., mag(istris)
Vegeto Tallici, . . . ibio . . . arioni.

i8. A tabula patronatus by which the pagus Gurzen-
sium in Africa makes L. Domitius Ahenobarbus, the grand-
father of Nero, its patron (C /. Z. VIII. 68).

P. Sulpicio Quirinio, C. Valgio cos. senatus populusque
civitatium stipendiariorum pago Gurzenses hospitium fecerunt
quom L. Domitio Cn. f. L. n. Ahenobarbo procos., eumque et
postereis eius sibi posterisque sueis patronum coptaverunt,
isque eos posterosque eorum in fidem clientelamque suam
recepit.

Faciundum coeraverunt : Ammicar Milchatonis £., Cynasyn-
(ensis) ; Boncar Azzrubalis f., Aethogursensis, Muthunbal
Saphonis f., Cui. Nas. Uzitensis.

{d) Inscriptions illustrating the Cursus Hanarum

19. • Two inscriptions illustrating the cursus honorum
of a member of the senatorial order under the empire
(C 7. Z. VI. 1333 and VI. 332). Cf. pp. 374, 395.

L. Aemilio L. f. Cam. Karo cos., leg. Aug. pr. pr. provinciae
Cappadociae, leg. Aug. pr. pr. censitori provinciae Lugdunen-
sis, leg. Aug. pr. pr. provinciae Arabiae, curatori viae Flami-
niae, leg. leg. XXX U. V., praet., trib. pleb., quaest. Aug.,
trib. militum leg. VIII Aug., trib. militum leg. Villi His-
panae, X viro stlitib. iudic, sodali Flaviali, XV viro s. f.,
C. lulius Erucianus Crispus praef. alae primae Ulpiae Daco-
rum amico Optimo.

THE CURSUS HONORUM 42$

[/ftfr]cul[i] Victori P. Plotius Romanus cos., sod. Aug. CI.,
leg. Aug. pr. pr. prov. Arab, item Gal., praef. aer. Sat., leg.
Aug. cens. ace, Hisp. Cit., iur. per Aem. Lig., cur. viae Labic,
cur. Verc, pr. urb., trib. pi., q. kand., VI vir eq. R. tur. II,
trib. mil. legg. I Min. et II Adiut, I III v. v. cur., aedem cum
omni cultu consecravit.

20. An inscription illustrating the cursus honor um of a
member of the equestrian order under the empire (C /. Z.
VIII. 9990). Cf. pp. 393 f.

P. Besio P. £. Quir. Betuiniano C. Mario Memmio Sabino
praef. coh. I Raetorum, trib. leg. X G. p. f., praef. alae
Dardanorum, procuratori imp. Caesaris Nervae Traiani Aug.
Germ. Dacici monetae, proc. provinc. Baeticae, proc. XX
hered., proc. pro leg. provinc. Mauretaniae Tingitanae, donis
donato ab imp. Traiano Aug. bello Dacico corona murali
vallari hastis pur. vexillo argent, exacti exercitus.

21. An inscription illustrating the official career of a
member of the third class (C. 7. L, VI. 1808). Cf. pp.

391 f-

Sex. Caecilio Epagatho scrib. libr. tribunicio, apparitori
Caesarum, scrib. libr. q. Ill decur., viat. Ill vir. et II 1 1 vir.,
scrib. libr. aed. cur., patri Optimo, Sex. Caecilius Sex. f. Quir.
Birronianus et M. Caecilius Sex. f. Quir. Statianus.

APPENDIX II

SOME PASSAGES, DEALING WITH POLITICAL mSTITUTIOirS,

FOUND IN LATIN WRITERS

(a) The Magistracies

z. The aediles, censors, praetors, and consuls.

Sunto aediles curatores urbis, annonae ludorumque sollem-
nium ; ollisque ad honoris amplioris gradum is primus ascensus
esto. — Censores populi aevitates, suboles, familias pecuniasqae
censento ; urbis tecta templa, vias, aquas, aerarium, vectigalia
tuento ; populique partes in tribus discribunto ; exin pecunias,
aevitates, ordines partiunto ; equitum peditumque prolem descri-
bunto ; caelibes esse prohibento ; mores populi regunto ; probrum
in senatu ne relinquunto. Bini sunto ; magistratum quinquen-
nium habento [reliqui magistratus annui sunto] eaque potestas
semper esto. — luris disceptator, qui privata iudicet iudicarive
iubeat, praetor esto. Is iuris civilis custos esto. Huic pote-
state pari quotcumque senatus creverit populusve iusserit, tot
sunto. — Regio imperio duo sunto ; iique praeeundo, iudicando,
consulendo praetores, indices, consules appellamino ; militiae
summum ius habento ; nemini parento ; ollis salus populi
suprema lex esto. Eumdem magistratum, ni interfuerint decern
anni, ne quis capito. Cic. de Legg. 3. 7-9.

2. Collegiality; magistratus maiores and minores. Cf.

pp. 1 54 ff .

In edicto consulum, quo edicunt, quis dies comitiis cen-
turiatis futurus sit, scribitur ex vetere forma perpetua : ne quis
magistratus minor de caelo servasse velit. Quaeri igitur solet,
qui sint magistratus minores. Super hac re meis verbis nil

, THE MAGISTRACIES 4:27

opus fuit, quoniam liber M. Messalae auguris de auspiciis

primus, cum hoc scriberemus, forte adfuit. Propterea ex eo

libro verba ipsius Messalae subscripsimus : Patriciorum auspi-

cia in duas sunt divisa potestates. Maxima sunt consulum,

praetorum, censorum. Neque tamen eorum omnium inter se

eadem aut eiusdem potestatis, ideo quod conlegae non sunt

censores consulum aut praetorum, praetores consulum sunt

Ideo neque consules aut praetores censoribus neque censores

consulibus aut praetoribus turbant aut retinent auspicia; at

censores inter se, rursus praetores consulesque inter se et vitiant

et obtinent. Praetor, etsi conlega consulis est, neque prae-

torem neque consulem iure rogare potest, ut quidem nos a

superioribus accepimus aut ante haec tempora servatum est et ut

in Commentario tertio decimo C. Tuditani patet, quia imperium

minus praetor, mains habet consul, et a minore imperio mains

aut maior [a minore] conlega rogari iure non potest. Nos

his temporibus praetore praetores creante veterum auctoritatem

sumus secuti neque his comitiis in auspicio fuimus. Censores

aeque non eodem rogantur auspicio atque consules et praetores.

Reliquorum magistratuum minora sunt auspicia. Ideo illi

* minores,' hi * maiores ' magistratus appellantur. Minoribus

creatis magistratibus tributis comitiis magistratus, sed iustus

curiata datur lege ; maiores centuriatis comitiis fiunt.

Ex his omnibus verbis Messalae manifestum fit, et qui sint
magistratus minores et quamobrem * minores ' appellentur. Sed
et conlegam esse praetorem consuli docet, quod eodem auspicio
creantur. Maiora autem dicuntur auspicia habere, quia eorum
auspicia magis rata sunt quam aliorum. Gell. N. A. 13. 15.

3. The right of appeal. Cf. pp. 27, 31, 98, 240 if.

(P. Valerius Publicola) legem ad populum tulit eam, quae
centuriatis comitiis prima lata est, ne quis magistratus civem
Romanum adversus provocationem necaret neve verberaret.
Provocationem autem etiam a regibus fuisse declarant ponti-
ficii libri, significant nostri etiam augurales, itemque ab
omni iudicio poenaque provocari licere indicant XII Tabulae

4218 APPENDIX II

compluribus legibus, et,quod proditum memoria est, decern viros,
qui leges scripserint, sine provocatione creates, satis ostenderit
reliquos sine provocatione magistratus non f uisse ; Luciique
Valerii Potiti et M. Horatii Barbati, hominum concordiae
causa sapienter popularium, consularis lex sanxit ne quis
magistratus sine provocatione crearetur. Neque vero leges
Porciae, quae tres sunt trium Porciorum, ut scitis, quidquam
praeter sanctionem attulerunt novi. Itaque Publicola, lege
ilia de provocatione perlata, statim secures de fascibus demi
iussit postridieque sibi collegam Sp. Lucretium subrogavit,
suosque ad eum, quod erat maior natu, lictores transire iussit,
instituitque primus ut singulis consulibus altemis mensibus
lictores praeirent, ne plura insignia essent imperii in libera
populo quam in regno fuissent. Cic. de Re Publ. 2. 53-5.

4. History of the quaestorship. Cf. pp. 206 f.

P. Dolabella censuit spectaculum gladiatorum per omnes
annos celebrandum pecunia eorum qui quaesturam adipisce-
rentur. Apud maiores virtutis id praemium fuerat, cunctisque
civium, si bonis artibus fiderent, licitum petere magistratus; ac
ne aetas quidem distinguebatur, quin prima iuventa consulatum
et dictaturas inirent. Sed quaestores regibus etiam tum impe-
rantibus instituti sunt: quod lex curiata ostendit, a L. Bruto
repetita. Mansitque consulibus potestas deligendi, donee eum
quoque honorem populus mandaret Creatique primum Vale-
rius Potitus et Aemilius Mamercus, sexagesimo tertio anno post
Tarquinios exactos, ut rem militarem comitarentur. Dein,
gliscentibus negotiis, duo additi, qui Romae curarent. Mox
duplicatus numerus, stipendiaria iam Italia, et accedentibus
provinciarum vectigalibus. Post lege Sullae viginti creati
supplendo senatui, cui indicia tradiderat. Et, quamquam
equites indicia recuperavissent, quaestura tamen ex dignitate
candidatorum aut facilitate tribuentium gratuito concedebatur,
donee sententia Dolabellae velut venundaretur. Tac. Ann.
II. 22.

THE SENATE 429

ib) The Senate

5. Rules governing meetings of the senate. Cf. pp.
225 ff.

Gnaeo Pompeio consulatus primus cum M. Crasso desi-
gnatus est. Eum magistratum Pompeius cum initurus foret,
quoniam per militiae tempora senatus habendi consulendique,
rerum expers urbanarum fuit, M. Varronem, familiarem suum
rogavit, uti commentarium faceret ci<ray(oytxov — sic enim
Varro ipse appellat — , ex quo disceret, quid facere dicereque
deberet, cum senatum consuleret. Eum librum commentarium,
quern super ea re Pompeio fecerat, perisse Varro ait in litteris,
quas ad Oppianum dedit, quae sunt in libro Epistolicarum
Quaestionum quarto, in quibus litteris, quoniam quae ante
scripserat non comparebant, docet rursum multa ad eam rem
ducentia.

Primum ibi ponit, qui fuerint, per quos more maiorum sena-
tus haberi soleret eosque nominat : * dictatorem, consules, prae-
tores, tribunos plebi, interregem, praefectum urbi,* neque alii
praeter hos ius fuisse dixit facere senatusconsultum, quoti-
ensque usus venisset, ut omnes isti magistratus'eodem tempore
Romae essent, tum quo supra ordine scripti essent, qui eorum
prior aliis esset, ei potissimum senatus consulendi ius fuisse
ait, deinde extraordinario iure tribunos quoque militares, qui
pro consulibus fuissent, item decemviros, quibus imperium
consulare tum esset, item triumviros rei publicae constituendae
causa creatos ius consulendi senatum habuisse.

Postea scripsit de intercessionibus dixitque, intercedlndi, ne
senatusconsultum fieret, ius fuisse iis solis, qui eadem potestate,
qua ii, qui senatusconsultum facere vellent, maioreve essent.

Tum adscripsit de locis, in quibus senatusconsultum fieri
iure posset, docuitque confirmavitque, nisi in loco per augurem
constituto, quod * templum ' appellaretur, senatusconsultum
factum esset, iustum id non fuisse. Propterea et in curia
Hostilia et in Pompeia et post in lulia, cum prof ana ea loca

430 APPENDIX II

fuissent, templa esse per augures constituta, ut in lis senatus-
consulta more maiorum iusta fieri possent. Inter quae id
quoque scrip turn reliquit, non omnes aedes sacras templa esse
ac ne aedem quidem Vestae templum esse.

Post haec deinceps dicit, senatusconsultum ante exortum
aut post occasum solem factum ratum non fuisse, opus etiam
censorium fecisse existimatos, per quos eo tempore senatus-
consultum factum esset.

Docet deinde inibi multa: quibus diebus habere senatum
ius non sit; immolareque hostiam prius auspicarique debere,
qui senatum habiturus esset, de rebusque divinis prius quam
humanis ad senatum referendum esse ; tum porro referri opor-
tere aut infinite de re publica aut de singulis rebus finite ; sena-
tusque consultum fieri duobus modis : aut per discessionem, si
consentiretur, aut, si res dubia esset, per singulorum sententias
exquisitas; singulos autem debere consuli gradatim incipique
a consulari gradu. Ex quo gradu semper quidem antea primum
rogari solitum, qui princeps in senatum lectus esset; tum
autem, cum haec scriberet, novum morem institutum refert
per ambitionem gratiaihque, ut is primus rogaretur, quern
rogare vellet qui haberet senatum, dum is tamen ex gradu
consulari esset. Praeter haec de pignore quoque capiendo
disserit deque multa dicenda senatori, qui, cum in senatum
venire deberet, non ad esset. Haec et alia quaedam id genus
in libro, quo supra dixi, M. Varro epistula ad Oppianum scripta
executus est.

Sed quod ait, senatusconsultum duobus modis fieri solere,
aut conquisitis sententiis aut per discessionem, parum convenire
videtur cum eo, quod Ateius Capito in Coniectaneis scriptum
reliquit. Nam in libro IX. Tuberonem dicere ait, nullum
senatusconsultum fieri posse non discessione facta, quia in
omnibus senatusconsultis, etiam in iis, quae per relationera
fierent, discessio esset necessaria, idque ipse Capito veruin esse
adfirmat. Sed de hac omni re alio in loco plenius accuratius-
que nos memini scribere. Cell. JV. A. 14. 7.

THE SENATE 43 1

6. The expression of opinion and obstructive methods in
the senate. Cf. pp. 227 ff.

Ante legem, quae nunc de senatu habendo observatur, ordo
rogandi sententias varius fuit. Alias primus rogabatur qui
princeps a censoribus in senatum lectus fuerat, alias qui desi-
gnati consules erant ; quidam e consulibus, studio aut necessi-
tudine aliqua adducti, quem is visum erat honoris gratia extra
ordinem sententiam primum rogabant. Observatum tamen est,
cum extra ordinem fieret, ne quis quemquam ex alio quam ex
consulari loco sententiam primum rogaret. C. Caesar in con-
sulatu, quem cum M. Bibulo gessit, quattuor solos extra ordi-
nem rogasse sententiam dicitur. Ex his quattuor principem
rogabat M. Crassum ; sed, postquam filiam Cn. Pompeio
desponderat, primum coeperat Pompeium rogare.

Eius rei rationem reddidisse eum senatui Tiro TuUius,
M. Ciceronis libertus, refert, itaque se ex patrono suo audisse
scribit Id ipsum Capito Ateius in libro, quem De Officio
Senatorio composuit, scriptum reliquit.

In eodem libro Capitonis id quoque scriptum est ; C, inquit,
Caesar consul M. Catonem sententiam rogavit. Cato rem,
quae consulebatur, quoniam non e re publica videbatur, perfici
nolebat. Eius rei ducendae gratia longa oratione utebatur
eximebatque dicendo diem. Erat enim ius senatori, ut sen-
tentiam rogatus diceret ante quicquid vellet aliae rei et quoad
vellet. Caesar consul viatorem vocavit eumque, cum finem
non faceret, prendi loquentem et in carcerem duci iussit.
Senatus consurrexit et prosequebatur Catonem in carcerem.
Hac, inquit, invidia facta Caesar destitit et mitti Catonem
iussit. Cell. JV. A. 4. jo.

7. Pedarii senatores. Cf. pp. 223 f.

Non pauci sunt, qui opinantur, * pedarios senatores ' appel-
latos, qui sententiam in senatu non verbis dicerent, sed in
alienam sententiam pedibus irent. Quid igitur? cum senatus-
consultum per discessionem fiebat, nonne universi senatores

432 APPENDIX II

sententiam pedibus ferebant ? Atque haec etiam vocabuli istius
ratio dicitur, quam Gavius Bassus in Commentariis suis scriptam
reliquit. Senatores enim dicit in veterum aetate, qui curulem
magistratum gessissent, curru solitos honoris gratia in curiam
vehi, in quo curru sella esset, super quam considerent, quae
ob earn causam * curulis ' appellaretur ; sed eos senatores, qui
magistratum curulem nondum ceperant, pedibus itavisse in
curiam ; propterea senatores nondum maioribus honoribus
* pedarios ' nominatos. M. autem Varro in satira Menippea,
quae 'hnroKwov inscripta est, equites quosdam dicit * pedarios'
appellatos, videturque eos significare, qui nondum a censoribus
in senatum lecti senatores quidem non erant, sed, quia honori-
bus populi usi erant, in senatum veniebant et sententiae ius
habebant. Nam et curulibus magistratibus functi, si nondum
a censoribus in senatum lecti erant, senatores non erant et, quia
in postremis scripti erant, non rogabantur sententias, sed, quas
principes dixerant, in eas discedebant. Gell. N,A, 3. 18. i-^.

8. The praefectus urbi and the tribune as presiding officers
in the senate. Cf. pp. 225 f.

Praefectum urbi Latinarum causa relictum senatum habere
posse lunius negat, quoniam ne senator quidem sit neque ius
habeat sententiae dicendae, cum ex ea aetate praefectus fiat,
quae non sit senatoria. M. autem Varro in quarto Epistoli-
carum Quaestionum et Ateius Capito in Coniectaneorum IX.,
ius esse praefecto senatus habendi dicunt ; deque ea re adsen-
sum esse Capito [Varro] nem Tuberoni contra sententiam lunii
refert : Nam et tribunis, inquit, plebis senatus habendi ius erat,
quamquam senatores non essent, ante Atinium plebiscitum.
Gell. N. A. 14. 8.

9. Secret voting in the senate. Cf. p. 384.

Excesseramus sane manifestis illis apertisque suffragiis
licentiam contionum. Non temp us loquendi, non tacendi
modestia, non denique sedendi dignitas custodiebatur. Magni
undique dissonique clamores, procurrebant omnes cum suis

THE SENATE 433

candidatis, multa agmina in medio, multique circuli ct indecora
confusio: adeo desciveramus a consuetudine parentum, apud
quos omnia disposita, moderata, tranquilla, maiestatem loci
pudoreraque retinebant! Supersunt senes, ex quibus audire
soleo hunc ordinem comitiorum. Citato nomine candidati
silentium summum. Dicebat ipse pro se, explicabat vitam
suam, testes et laudatores dabat, vel eum sub quo militaverat,
vel eum cui quaestor fuerat, vel utrumque, si poterat ; addebat
quosdam ex suffragatoribus ; illi graviter et paucis loquebantur.
Plus hoc quam preces proderat. Nonnumquam candidatus aut
natales competitoris, aut annos, aut etiam mores arguebat.
Audiebat senatus gravitate censoria. Ita saepius digni quam
gratiosi praevalebant. Quae nunc immodico favore corrupta,
ad tacita suffragia quasi ad remedium decucurrerunt. Plin.
Ep, 3. 20. 3-7.

10. The frivolity of certain senators.

Scripseram tibi verendum esse ne ex tacitis suffragiis vitium
aliquod exsisteret. Factum est. Proximis comitiis in qui-
busdam tabellis multa iocularia atque etiam foeda dictu, in
una vero pro candidatorum nominibus suffragatorum nomina
inventa sunt. Excanduit senatus, magnoque clamore ei qui
scripsisset iratum principem est comprecatus. Ille tamen
fefellit et latuit, fortasse etiam inter indignantes fuit. Quid
hunc putamus domi facere, qui in tanta re, tam serio tempore,
tam scurrihter ludat? qui denique omnino in senatu dicax et
urbanus et bellus est? Tantum licentiae pravis ingeniis adicit
ilia fiducia : " Quis enim sciet ? " Poposcit tabellam, stilum
accepit, demisit caput : neminem veretur, se contemnit. Inde
ista ludibria, scaena et pulpi^o digna. Quo te vertas? quae
remedia conquiras? Ubique vitia remediis fortiora. *AAAA
Tavra tw virkp rnjuas; fieX-i^a-ei,, cui multum cotidie vigiliarum,
multum laboris adicit haec nostra iners et tamen effrenata petu-
lantia. Plin. Ep, 4. 25.

434 APPENDIX II

iz. Popular assemblies in Athens and Rome.

O morem praeclarum, disciplinamque, quam a maioribus
accepimus, si quidem teneremus! sed nescio quo pacto iam
de manibus elabitur. Nullam enim illi nostri sapientissimi et
sanctissimi viri vim contionis esse voluerunt. Quae scisceret
plebes, aut quae populus iuberet, summota condone, distributis
partibus, tributim et centuriatim discriptis ordinibus, classibus,
aetatibus, auditis auctoribus, re multos dies promulgata et
cognita, iuberi vetarique voluerunt. Graecorum autem totae
res publicae sedentis contionis temeritate adrainistrantur.
Itaque, ut banc Graeciam, quae iam diu suis consiliis perculsa
et adflicta est, omittam, ilia vetus, quae quondam opibus,
imperio, gloria floruit, hoc uno malo concidit, libertate immo-
derata ac licentia contionum. Cum in theatro imperiti homines,
rerum omnium rudes' ignarique, consederant, turn bella inutilia
suscipiebant, tum seditiosos homines rei publicae praeficiebant,
tum optime meritos cives e civitate eiciebant. Cic. pro Flacco^
15 f.

12. The ius cum populo agendi. Cf. p. 164.

Idem Messala in eodem libro de minoribus magistratibus ita
scripsit : Consul ab omnibus magistratibus et comitiatum et
contionem avocare potest. Praetor et comitiatum et contionem
usquequaque avocare potest, nisi a consule. Minores magi-
stratus nusquam nee comitiatum nee contionem avocare possunt
Ea re, qui eorum primus vocat ad comitiatum, is recte agit,
quia bifariam cum populo agi non potest nee avocare alius alii
potest. Set, si contionem habere volunt, uti ne cum populo
agant, quamvis multi magistratus simul contionem habere
possunt. Ex his verbis Messalae manifestum est, aliud esse
*cum populo agere,' aliud * contionem habere.' Nam *cum
populo agere ' est rogare quid populum, quod suffragiis suis aut
iubeat aut vetet, * contionem ' autem * habere ' est verba facere
ad populum sine ulla rogatione. Gell. N, A, 13. 16.

POPULAR ASSEMBLIES 435

13. Some points concerning the comitia and the concilium.

Cf. pp. 25 T ff.

In libro Laelii Felicis ad Q. Mucium prime scrip turn est,
Labeonem seribere, * calata ' comitia esse, quae pix) corilegio
pontificum habentur aut regis aut flaminum inaugurandorum
causa. Eorum autem alia esse ' curiata,' alia * centuriata ' ;

* curiata ' per lictorem curiatum * calari,' id est * convocari,*

* centuriata ' per cornicinem,

Isdem comitiis, quae * calata ' appellari diximus, et sacrorum
detestatio et testamenta fieri solebant. Tria enim genera testa-
mentorum fuisse accepimus: unum, quod calatis comitiis in
populi contione fieret, alterum in procinctu, cum viri ad proe-
lium faciendum in aciem vocabantur, tertium per familiae
emancipationem, cui aes et libra adhiberetur.

In eodem Laelii Felicis libro haec scripta sunt : Is qui non
ut universum populum, sed partem aliquam adesse iubet, non

* comitia,' sed * concilium' edicere debet. Tribuni autem
neque advocant patricios neque ad eos referre uUa de re
possunt. Ita ne 'leges' quidem proprie, sed *plebiscita'
appellantur, quae tribunis plebis ferentibus accepta sunt, qui-
bus rogationibus ante patricii non tenebantur, donee Q. Horten-
sius dictator legem tulit, ut eo iure, quod plebs statuisset,
omnes Quirites tenerentur. Item in eodem libro hoc scriptum
est: Cum ex generibus hominum suifragium feratur, * curiata*
comitia esse, cum ex censu et aetate * centuriata,' cum ex regio-
nibus et locis, * tributa ' ; centuriata autem comitia intra
pomerium fieri nefas esse, quia exercitum extra urbem imperari
oporteat, intra urbem imperari ius non sit. Propterea centu-
riata in campo Martio haberi exercitumque imperari praesidii
causa solitum, quoniam populus esset in sufifragiis ferendis
occupatus. Gell. iV. y4. 15. 27.

14. Definition of a rogatio, a lex, and similar technical
terms. Cf. pp. 255 ff.

Quaeri audio, quid * lex ' sit, quid * plebiscitum,' quid

* rogatio,' quid *privilegium.' Ateius Capito, publici privatique

436 APPENDIX II

iuris peritissimus, quid *lex' esset, hisce verbis definivit:
Lex, inquit, est generale iussum populi aut plebis, rogante
magistratu. Ea definitio si probe facta est, neque de imperio
Cn. Pompei neque de reditu M. Ciceronis neque de caede
P. Clodi quaestio neque alia id genus populi plebisve iussa
•leges' vocari possunt. Non sunt enim generalia iussa neque
de universis civibus, sed de singulis concepta ; quocirca *privi-
legia' potius vocari debent, quia veteres *priya* dixerunt, quae
nos * singula' dicimus. Quo verbo Lucilius in primo Satira-
rum libro usus est:

abdomina thynni
Advenientibus priva dabo cephalaeaque acarnae.

* Plebem ' autem Capito in eadem definitione seorsum a
populo divisit, quoniam in populo omnis pars civitatis omnes-
que eius ordines contineantur, *plebes' vero ea dicatur, in qua
gentes civium patriciae non insunt. * Plebiscitum ' igitur est
secundum eum Capitonem lex, quam plebes, non populus,
accipit.

Sed totius huius rei iurisque, sive cum populus sive cum
plebs rogatur, sive quod ad [singulos sive quod ad] universos
pertinet, caput ipsum et origo et quasi frons * rogatio ' est. Ista
enim omnia vocabula censentur continenturque *rogationis'
principali genere et nomine ; nam, nisi populus aut plebs
rogetur, nullum plebis aut populi iussum fieri potest.

Sed quamquam haec ita sunt, in veteribus tamen scriptis
non magnam vocabulorum istorum differentiam esse animad-
vertimus. Nam et *plebiscita' et *privilegia' translaticio
nomine *legis' appellaverunt eademque omnia confuso et
indistincto vocabulo * rogationes ' dixerunt. Sallustius quo-
que, proprietatum in verbis retinentissimus, consuetudini con-
cessit et privilegium, quod de Cn. Pompei reditu ferebatur,
* legem' appellavit. Verba ex secunda eius Historia haec sunt:
Nam Sullam consulem de reditu eius legem ferentem ex con-
posito tr. pi. C. Herennius prohibuerat. Gell. N, A, lo. 20.

{

MISCELLANEOUS 437

id) Miscellaneous

15. Origin of Roman law.

Necessarium nobis videtur ipsius iuris originem atque pro-
cessum demonstrare. £t quidem initio civitatis nostrae populus

•

sine lege certa, sine iure certo primum agere instituit, omnia-
que manu a regibus gubernabantur. Postea, aucta ad aliquem
modum civitate, ipsum Romulum traditur populum in triginta
partes divisisse, quas partes curias appellavit propterea, quod
tunc rei publicae curam per sententias partium earum expedie-
bat, et ita leges quasdam et ipse curiatas ad populum tulit ; *
tulerunt et sequentes reges, quae omnes conscriptae exstant in
libro Sexti Papirii. ... Is liber appellatur lus Civile Papiri-
anum, non quia Papirius de suo quidquam ibi adiecit, sed quod
leges sine ordine latas in unum coraposuit. Exactis deinde
regibus lege tribunicia omnes leges hae exoleverunt iterumque
coepit populus Romanus incerto magis iure et consuetudine
aliqua uti quam per latam legem, idque prope viginti annis
passus est. Postea, ne diutius hoc fieret, placuit publica
auctoritate decern constitui viros per quos peterentur leges a
Graecis civitatibus et civitas fundaretur legibus ; quas in
tabulas eboreas perscriptas pro rostris composuerunt. Digest^
I. 2. 2.

16. The laws of the twelve tables. Cf. pp. 30 f.

Fremant omnes licet, dicam quod sentio : bibliothecas meher-
cule omnium philosophorum unus mihi videtur XII Tabularum
libellus, si quis legum fontes et capita viderit, et auctoritatis
pondere et utilitatis ubertate superare. Ac si nos, id quod
maxime debet, nostra patria delectat, cuius rei tanta est vis ac
tanta natura ut Ithacam illam in asperrimis saxulis, tamquam
nidulum affixam, sapientissimus vir immortalitati anteponeret ;
quo amore tandem inflammati esse debemus in eius modi
patriam, quae una in omnibus terris domus est virtutis, imperii,
dignitatis. Cuius primum nobis mens, mos, disciplina nota

438 APPENDIX II

esse debet, vel quia est patria parens omnium nostrum, vel quia
tanta sapientia fuisse in iure constituendo putanda est, quanta
fuit in his tantis opibus imperii comparandis. Percipietis etiam
illam ex cognitione iuris laetitiam et voluptatem, quod quantum
praestiterint nostri maiores prudentia ceteris gentibus turn
facillime intellegetis, si cum illorum nostras leges conferre
volueritis. Incredibile est enim quam sit omne ius civile,
praeter hoc nostrum, inconditum ac paene ridiculum; de quo
multa soleo in sermonibus cotidianis dicere, cum hominum
nostrorum prudentiam ceteris omnibus et maxime Graecis
antepono. Cic. de Or. i. 195-7.

17. The optimates and the populares.

Duo genera semper in hac civitate fuerunt eorum qui versari
in re publica atque in ea se excellentius gerere studuerunt;
quibus ex generibus alteri se populares, alteri optimates et
haberi et esse voluerunt. Qui ea quae faciebant quaeque
dicebant multitudini iucunda volebant esse, populares ; qui
autem ita se gerebant, ut sua consilia Optimo cuique pro-
barent, optimates habebantur. Quis ergo iste optimus quis-
que ? Numero si quaeris, innumerabiles : neque enim aliter
stare possemus. Sunt principes consilii publici ; sunt qui
eorum sectam sequuntur; sunt maximorum ordinum homines,
quibus patet curia ; sunt municipales rusticique Romani ; sunt
negotia gerentes, sunt etiam libertini optimates. Numerus, ut
dixi, huius generis late et varie diffusus est ; sed genus univer-
sum, ut toUatur error, brevi circumscribi et definiri potest.
Omnes optimates sunt, qui neque nocentes sunt, nee natura
improbi, nee furiosi, nee malis domesticis impediti. Est igitur
ut ei sint, quam tu nationem appellasti, qui integri sunt, et
sani, et bene de rebus domesticis constituti. Horum qui
voluntati, commodis, opinionibus in gubernanda re publica
serviunt, defeiisores optimatium ipsique optimates gravissimi
et clarissimi cives numerantur, et principes civitatis. Cic. pro
Sest. 96.

MISCELLANEOUS 439

i8. Municipia and coloniae. Cf. pp. 59 £., 90 f., 281 f.,
299 f.

'Municipes' et * municipia' verba sunt dictu facilia et usu
obvia, et neutiquam reperias qui haec dicit, quin scire se plane
putet, quid dicat. Sed profecto aliud est, atque aliter dicitur.
Quotus enim fere nostrum est, qui, cum ex colonia populi
Romani sit, non se * municipem ' esse et populates suos * muni-
cipes ' esse dicat, quod est a ratione et a veritate longe aver-
sum? Sic adeo et * municipia' quid et quo iure sint quantum-
que a * colonia' differant, ignoramus existimamusque meliore
cgndicione esse * colonias ' quam * municipia.'

De cuius opinationis tarn promiscae erroribus divus Hadri-
anus in oratione, quam de Italicensibus, unde ipse ortus fuit,
in senatu habuit, peritissime disseruit mirarique se ostendit,
quod et ipsi Italicenses et quaedam item alia municipia antiqua,
in quibus Vticenses nominat, cum suis moribus legibusque uti
possent, in ius coloniarum mutari gestiverint. Praenestinos
autem refert maximo opere a Tiberio imperatore petisse orasse-
que, ut ex colonia in municipii statum redigerentur, idque illis
Tiberium pro ferenda gratia tribuisse, quod in eorum finibus
sub Jpso oppido ex capitali morbo revaluisset.

* Municipes ' ergo sunt cives Romani ex municipiis, legibus
suis et suo iure utentes, muneris tantum cum populo Romano
honorari participes, a quo munere capessendo appellati viden-
tur, nullis aliis necessitatibus neque ulla populi Romani lege
adstricti, nisi in quam populus eorum fundus factus est. Pri-
mos autem municipes sine suffragii iure Caerites esse factos
accepimus concessumque illis, ut civitatis Romanae honorem
quidem caperent, sed negotiis tamen atque oneribus vacarent
pro sacris bello Gallic© receptis custoditisque. Hinc * tabu-
lae Caerites' appellatae versa vice, in quas censores referri
iubebant, quos notae causa suffragiis privabant.

Sed * coloniarum ' alia necessitudo est ; non enim veniunt
extrinsecus in civitatem nee suis radicibus nituntur, sed ex
civitate quasi propagatae sunt et iura institutaque omnia populi

440 APPENDIX II

Romani, non sui arbitrii, habent. Quae tamen condicio, cum
sit magis obnoxia et minus libera, potior tamen et praesta-
bilior existimatur propter amplitudinem maiestatemque populi
Romani, cuius istae coloniae quasi effigies parvae simulacraque
esse quaedam videntur, et simul quia obscura oblitterataque
sunt municipiorum iura, quibus uti iam per innotitiam non
queunt. Gell. N, A. i6. 13.

■>

INDEX

Ab actis senatus 477

Ab epistulis 436

Accensus 170

A censibus equestribus 490

A cognitionibus 438

Acta diurna 477

Acta senatus 477

Actitun 142

AdiudicatiOy the 519

Adlectio 22, 425, 473

Adrogatio 22

Advocati 513

Aediles ceriales, instituted 127

Aediles curules, instituted 38,
230 ; plebeians eligible 43 ; re-
lation to plebeian aediles 231 ;
powers 232-236; division of
duties 237 ; under the empire

467
Aediles plebei, instituted 27 ;
early functions 228 ; develop-
ment of office 229 ; relation to
curule aediles 231 ; powers
232-236; division of duties
237 ; under the empire 467
Aelius, L., emperor 377
Aelius Sejanus, L. 347
Aemilius Lepidus, M. 135, 139
Aeraritun militare, the 422, 447
Aerarium Saturni, the 419, 445
Ager publicus, the 9, 29, 36, 85-

86; control of 184
Agrippina, the younger 351-352
Album iudicum, the 512, 515

Album senatorium, the 473

A libellis 437

A memoria 439

Amici Augustiy the 434

Aiitioc;Jius-^7

Antoninus Pius 376

Antonius, M., Caesar's lieutenant
109; consul in 44 B.C. 131;
relations with Octavius 134-
142

Apparitores 170

Appeals, under king 507 ; under
the republic 27, 30, 31, 87, 159,
287, 511, 513; under the em-
pire 515, 520, 521

A rationibus 435

Arbitri 517

Army, the, reformed by Servius
Tullius 23; its officers 159,
186; as a political factor 117,
388; reformed by Augustus
345 ; under the empire 388,
409

Asia 77, 110-112, 114

Assemblies, the popular, as crim-
inal courts 511; procedure 513.
See also comitia centuriata and
tributa^ and concilium plebis

Assessores 520

Auctoritas patrum, the, and legis-
lation 50, 94. See also the
senate

Augusti, the, of the system of
Diocletian 394

^ The numbers refer to the sections.
441

442

INDEX

AugttstaSy restoration of order
by 322 ; legal position from 32
to 27 B.C. 323; receives con-
sular imperium in 29 B.C. 323 ;
Jan. 13, 27 B.C. 324; receives
proconsular imperium 324 ;
controls provinces 324; his
tribunician power 324, 326;
titles of Augustus and 'prin-
ceps 325 ; his proconsular im-
perium extended 326; his
perfected system 326; his
settlement of the succession
327; social reforms 328; financial
reforms 329 ; f rontier policy 341 ;
government of the provinces
342-344 J military reforms 345.
See also emperor and Octavius
AureliuSy M., emperor 377
Auspices 155-157. 304, 317

Barbarians, the, enter the empire
390

Bibliography : (a) historical, pp.
22-23, 40,62, 93, 127-128, 149,
288, 304, 316, 328, 340; \b)
descriptive, pp. 173-174, 219,
243-244, 265, 358, 372-373*
380, 387, 399

Bibulus, M. 105

Brutus, D. 134

Brutus, M. 133, 136

Caesar. Se^ Julius
Caesars, the 395, 400, 432
Calculus Minervae, the 515
Calumnia 513
Candidati Caesaris 416
Capitis deminutio 289, 484
Caracalla, edict of 500
Carthage, first war with 72 ; sec-
ond 74 ; third 80

Cassius Longinus, C. 133

Catiline. See Sergius

Censitores 444

Censorship,' the, established 38;
•open to plebeians 43 ; develop-
ment of 64; collegiate prin-
ciple 206 ; election 207 ; term
of office 207 ; powers 208-213;
the nota 210, 216; the recog-
nitio equitum 211 ; the lectio
senatus2i2; the lustrum 214;
the census outside Rome 215;
decline of the censorship 216;
under the empire 331, 365,
367, 425, 466

Census, the. See censorship

Centenarii, etc. 494

Centum viii, the 442, 517, 519,
520

Centuria praerogativa 306

Centuries, constitution of the 23,
51, 66, 501 ; the centuria prae-
rogativa 306

Cicero. See Tullius

Cimbri, the 88

Cinna. See Cornelius

Citizenship, number having it
57 ; how acquired under the
republic 288 ; how lost 289 ;
content 291 ; restricted citizen-
ship 291 ; how acquired, under
the empire 482-483 ; how lost
484; content 485-486. See also
plebeians^ and Latins

Civil and criminal cases distin-
guished 508

Civitates, sine suffragio 53, 291;
foederatae 53 ; liberae 84 ; sti-
pendiariae 84 ; decumanae 84 ;
censoriae 84. See also citizen-
ship

Classes, the 23, 51, 66, 501

The numbers refer to the sections.

INDEX

443

Claudius, emperor, character 351 ;
reforms 351

Claudius Caecus, Appius 51

Cleopatra, and Caesar 121 ; and
Antony 140-142

Clients i, 9, 20

Clodius Pulcher, P. 106-108

Cohortes urbanae, the 449

Coinage, right of 424

Collegiality. See par potestas

Colonies, 49» S3» 68, 85, 115;
status of 54 ; maritime 55

Comites Augusti, the 434

Comitia, the 295 ; under Augus-
tus 333. See also comitia centu-
riata^ curiata^ tributa

Comitia centuriata, the, Servian
organization of 23; becomes
political 27 ; the com. cent,
and the auctoritas patrum 50 ;
reformed 66; composition 300;
presiding officer 301 ; dies
comitiales 302 ; formalities
303-305 ; method of voting
306 ; powers 307-309 ; as an
electoral body 307 ; as a legis-
lative body 308 ; as a court of
appeal 309 ; relation to other
assemblies 308 ; under the em-
pire 333, 349. 503- See also
courts^ criminal

Comitia curiata, the, under the
monarchy 22 ; admission of
plebeians 298; formalities 299;
the plebeian com. cur. 28 ; the
com. cur. under the empire 502

Comitia tributa, the, origin of
32, 310; become independent
50; composition 311; meetings
312 ; powers 313 ; for election
of priests 314 ; under the em-
pire 333, 349, 504

Commendatio, the 331, 416

Commissioners 254, 255. See also
legati

Commodus, emperor 377-378

Concilia, the 296

Concilia provinciarum, the 361,459

Concilium plebis, the, established
28 ; acquires legislative powers
31 ; becomes independent 50 ;
judicial functions 178; com-
position 315 ; presiding officer
315; place and time of meeting
316; formalities 317 ; method
of voting 318 ; as an electoral
body 319 ; as a legislative body
321 ; under the empire 333,
349» 505- See also courts^
criminal

Condemnatio, the 519

Consilium, the 166; the legis-
lative consilium 332 ; the judi-
cial consilium 375, 389, 411

Constitutiones principis, the 413

Consularis, the, under Diocle-
tian 398

Consulship, the, established 25 ;
open to plebeians 37, 43 ;
titles 179; collegiate principle
180 ; consul maior 180 ; powers
181-189; position under the
empire 464 ; consules suff ecti
and ordinarii 128, 365, 397, 464

Contiones 164, 175, 297

Cornelius Cinna, L. 93

Cornelius Sulla, L., and Mithri-
dates 92, III; his legislation

94-97
Corrector, the 398

Courts, civil, under the republic

182; under the empire 375,

411,442-443,520; officials with

jurisdiction 516; organization

The numbers refer to the sections.

444

INDEX

under the republic 517; pro-
cedure by legis actiones 518 ;
procedure by the formulary
method 519, 520; in the prov-
inces 521
Courts, criminal, under the king
507 ; - under the republic 96,
182, 236, 238, 251, 309, 321 ;
under the empire 350, 412,
440-441, 480; criminal juris-
diction of magistrates 5 1 o, 5 2 1 ;
popular assemblies as courts
511; procedure 513; trials
under the empire 515 ; in the
provinces 521. See also quaes-
tiones extraordinariae^ per-
pettiae
Crassus. See Licinius
Cura alimentorum, the 455
Cura alvei et riparum Tiberis et

cloacarum urbis, the 426, 452
Cura amionae, the 234, 331, 426,

451
Cuza aquarum, the 426, 452

Cura ladorum, the 235
Cura operam tuendorum, the 426
Cura urbis, the 233, 337-339
Curatores aquarum, the 452
Curatores viarum, the 427, 454
Curiae, the 21, 292
Curio. See Scribonius
Cursas honorum, the, under the
republic 60, 95, 172; under
the empire 460; the eques-
trian cursus honorum 494 ; the
senatorial 497

Damnatio memoriae, the 405
[Decern viri] agris dandis adsig-

.nandis 252
Decern viri legibus scribundis, the

30. 256

Decern yiri stlitibus iadicandis,
the 243, 442, 470, 517, 519, 520

Decreta 163, 413

Decoxiones 358

Demonstratio, the 519

Deportatio 484, 515

Detestatio sacrorum 22

Dictatorship, the 25, 31, 63; ap-
pointment 190; the dictator's
powers 191 ; term of office
192 ; Sulla's dictatorship 94,
257; Caesar's 125-126, 257

Dies comitiales 302, 316

Dioceses, the, under Diocletian

398

Diocletian 393-399

Diribitores 306

Domitian, autocratic attitude 367;

reforms 368 ; character 369
Ducatus, the, under Diocletian 398
Duces 398

Duo viri aedilida potestate 358
Duo viri iore dicando 358
Duo viri navales 55, 250
Duo viri perduellionis 18, 253, 507
Duo viri viis, etc. 243

Edicta 163, 204, 37 5» 413
Edictum perpetuum, the 465, 519
Emperor, the, position strength-
ened 367, 385 ; succession
400-401; imperial titles 402;
insignia 403 ; powers 406-430,
515, 520 ; exemption from cer-
tain laws 430; the emperor
and the senate 332, 367, 385,

387, 472-473» 477-479- See
also Augustus

Epistulae 413

Equites, the, placed on juries 87;
removed 96 ; restored 100; the
recognitio equitum 211; the

The numbers refer to the sections.

INDEX

445

equites under the empire 335,
381, 490-494; insignia 493;
equites equo publico and
privato 491 ; seviri equitum
Romanorum 492

Etruria 12, 41

Expansion. See imperialism

Fasces, the 169

Finances, the 184, 213, 239, 280,

329» 365. 384. 417-425 •
Fiscus Caesarls, the 420, 446

Flamen provinciaei the 361

Flavins, Cn. 51

Foreign affairs, control of 57, 59,
83, 117, 186, 188, 281, 283-284,
341-344, 357, 370, 383, 390,
408-409. See also provinces

Formulae, the 519

Freedmen, admitted to the tribes
51; ineligible to office 171;
ineligible to senate 263 ; re-
stricted rights 291 ; under the
empire 484-486. See also
Seviri Augustales

Freemen, classes of 290

Gains, emperor 350

Galba. See Sulpicitis

Gallienus 390

Gaul conquered 115

Gentes, the, government of i, 8 ;

increased in number 9. See

also patricians
Gentiles i
Germanicus 347
Gracchus. See Sempronius
Graecostasis, the 284

Hadrian 375
Hannibal 74
Helvius Pertinax, P. 379

Imperator, the title of 159, 402
Imperial officials classified 431
Imperialism under the kings 9;
under the republic 41, 42, 52,
55, 71-81, 88, 111-115, 117,
34i-345» 357. 359-36i, 37o-
372, 383-384. 390-392, 428,

458-459-
Imperium, definition of the 149,

154, 159; mains imperium 191,

197 ; delegation of 244 ; pri-

vati cum imperio 247

Incolae 358

Intentio, the 519

Intercessio, the 151, 221, 274

Interrez, the 16, 245

Italians, the, and Drusus 90;
the Social war 91 ; the Italians
gain citizenship 91. See also
ius lialicum

Italy, government of, 187, 282,

340, 357, 427, 453
ludez datus, the 441

Indices, method of choosing the
512; challenging 512 ; polling
jury 513; under the empire
515; in the civil courts 517.
See also courts

luniores, the 23

luiidici 457

las auxilii, the 218

Ins coercitionis, the 160, 222

Ins commercii, the 20

Ius connbii, the 20, 33

Ins cumpatribns agendi, the 164,
181, 224, 414

Ins cum plebe agendi, the 164,
223

Ius cum populo agendi, the 164,
181,415

Ins gentilitatis, the 20

Ius honorum, the 20

The numbers refer to the sections.

446

INDEX

las imagiiiam, the i68
las intercedendi, the 221, 331
las Italicum, the 486
las Latii, the. See Latin citizen-
ship
las referendiy the 269
las saffragiit the 20
lastitiam, the 189, 286

Jagartha 88

Jalianus, Didias 379

Jalius Caesar, C, and Catiline
102; consul in 59 B.C. 105;
the lex Vatinia 105 ; the lex
Pompeia Licinia 109; crosses
the Rubicon 109 ; conquest of
Gaul 115; campaigns against
the Pompeians 1 19-122 ; cam-
paigns in Egypt and Asia
Minor 121; assassination 123;
Caesar's policy 124; offices
and titles 125; events after
his assassination 131

Jarors. See indices

Kelts, the 41, 52, 73

King, the 4, 8 ; becomes heredi-
tary 1 3 ; method of choice 16 ;
powers 17; insignia 18

Latin citizenship 365, 372 ; under
the empire 498

Latins, the 41 ; made dependent
52-54 ; contest for Roman citi-
zenship 87 ; political rights
291 ; under the empire 483,
See also Latin citizenship

Law, sources of Roman 513, 515

Legati, 255. See also commis-
sioners

Legati Aagasti pro praetore 344

Legatio libera, the 255

Leges (named after proposer),
1. Aelia Fufia (155) 157, 317;
1. Aelia Sentia (a.d. 4) 485; 1.
Atemia Tarpeia (454) 30, 160,
321 ; plebiscitum Atinium
(2d century) 264; 1. Caecilia
Didia (98) 89, 303 ; 1. Calpur-
nia (149) 65 ; 1. Canuleia (445)
.33; 1. Cassia (137) 61; leges
Clodiae (58) 106, 157; leges
Corneliae (81-80) 94-97, 188,
283; 1. Domitia (104) 97; 1.
Gabinia tabellaria (139) 61 ; 1.
Gabinia de provinciis consu-
laribus (67) loi ; 1. Hortensia
(287) 50; 1. lulia municipalis
(45) 130,340; 1. lulia Augusti
de adul'teriis 328 ; 1. lulia
Augusti de maritandis ordi-
nibus 328 ; 1. lulia Norbana
(a.d. 19) 485 ; leges Liciniae
Sextiae (367) 36 ; 1. Maenia
(287) 50 ; 1. Manilla (66) loi ;
1. Menenia Sestia (452) 30;
plebiscitum Ogulnium (300)
43; plebiscitum Ovinium (339-
312) 47, 259, 261; 1. Papia
Poppaea 328 ; 1. Papiria (131)
61 ; 1. Plautia Papiria (89) 91 ;
1. Pompeia de civitate danda
(89) 91 ; leges Pompeiae (52)
109, 188,. 283 ; 1. Publilia (339)
50 ; 1. Sempronia de provinciis
(123) 283; 1. Sempronia de
provocatione (123) 87, 287; 1.
Valeria de provocatione (509)
27 ; leges Valeriae Horatiae
(449) 31, 50; 1. Vatinia (59) 105;
1. Villia annalis (180) 60, 173

Leges (proposer's name not men-
tioned), 1. curiata de imperio
16, 177; 1. de potestate censoria

The numbers refer to the sections.

INDEX

44;

308 ; 1. de imperio Vespasiani
p. 4 1 9 ; 1. provinciae 83 ; 1.
sacrata militaris 49; leges de
ambit u 61 ; leges X tabularum
30, p. 418 ; leges de provoca-
tione 27, 30-31, 87, 159; leges
frumentariae 87 ; leges tabel-
lariae 61, 86, 306; paternal
laws 49

Legis actiones 518

Legislation, procedure in 306.
See also comitia centuriata^
curiaia, tributUy and concilium
pubis

Lepidus. See Aemilius

Lepidus, M., after Caesar's death
131; member of triumvirate
135; suspected by colleagues
137; loses power 139

Licinius Crassus, M., and the
slave war 99 ; consul in 70 B.C.
100; relation to Catilinarian
conspiracy 102 ; in Parthia
114

Licinius Lucollus, L. 111-112

Lictors 169

Livius Drusus, M. 90

Lucullus. See Licinius

Lustrum, the 214

Macedonia, first war with 75 ;
second 76; third 78; treat-
ment of 79
Magister equitum 1 26, 1 93
Magistracies, the, reelection to
44, 60; plurality of offices 44 ;
relations to the senate 58 ; the
" recall " 85 ; two-year term 95 ;
colleges increased 127; can-
didates nominated by Caesar
128; definition of magistratus
144 ; magistratus, maiores and

minores, patricii and plebeii,
curule and non-curule, ordi-
narii and extraordinarii, cum
imperio and sine imperio 145-
149; term of office 152-153;
vacancies 153; powers 154-
165; emolumentsof office 167;
insignia of office 1 68 ; eligibility
171-173; candidacy 174-175;
elections 176; inauguration
177; retirement from office 177;
responsibility 178; delegation
of the imperium 244 ; position
under the empire 331, 365, 397,
460-463 ; eligibility 461 ; nom-
ination, election, term of office
349, 462; loss of power 463.
See also cursus honorum^ ini'
periutn^ and senate

Magistri militum 398

Maiestas, minuta 348

Mandata 413

Marius, C. 88, 93

Ministerial system introduced

351
Mithridates 92-93, 1 1 i-i 1 2

Monumentum Ancyranum, the 322

Munda 122

Municipal government 130, 358,

456, 489

Municipia 53

Natalium restitutio 485

Nero, accession 352 ; court in-
trigue 353 ; Seneca and Burrus
353; character of reign 354;
last of Julian line 356

Nerva 373

Nobilitas, origin of the 48, 50,
65; influence curtailed 129

Nominatio, the 331

Nota, the 210

The numbers refer to the sections.

448

INDEX

Octavias, C, Caesar's heir 132 ;
relations with Antony 135-142.
See also Augustus

Officials with criminal jurisdic-
tion 510

Orationes principis, the 414

Omamenta triumphalia 409

Otho. See Salvius

Pagus, the 2

Patricians, origin of the i ; rights

20 ; eligibility to office 171;

exclusive privileges 277, 291"
PatronuSi the i, 22, 513
Penalties 511, 513, 515
Peregrin! 291, 499; peregrini

dediticii 485, 499-500
Pertinax. See Helvius
Petitio, the 175
Pharsalus 120
Philippi 136

Piracy 73. "3

Plebeians, origin of the 9, 20;
enrolled in the army, lo-ii;
secure tribunate 27 ; publica-
tion of laws 30 ; right of inter-
marriage 33 ; tribuni militares
34 ; admission to magistracies
36, 43 ; right to legislate 50 ;
members of comitia curiata
298; under the empire 487-
489. See also concilium plebis
and tribuni plebis

Pompeius, Seztus 139

Pompey, and Sertorius 98 ; con-
sul in 70 B.C. 100 ; the pirates
113; conquest of the East 114;
consul in 55 B.C. 107 ; sole con-
sul hi 52 B.C. 108; war with
Caesar 1 19-120

Pontiffs, the, as judges 507, 509

Porcius, M. Cato 106

Postomns, Gallic emperor 391
Potestas, definition of 149 ; msdor

potestas 150; parpotestas 151,

180, 269, 377, 399
Praecones 170
Praefectus, alae, castrorum, co-

hortis, the 494
Praefectus aerarii, the 445
Praefectus alimentonun, the 427,

455
Praefectus annonae, the 441, 451

Praefectus Capaam, etc., the 243
Praefectus iuridicundo, the 65, 161
Praefectus praetorio, the 349, 3S9,

398,411-412, 433.441,443
Praefectus urbi, t^^^ iS ; under
the republic 1 26, 246; under the
empire 339 ; made permanent
official 349; functions 44 1 -442,
449 ; the praefectus urbi feri-
arum Latinarum 470
Praefectus vigilum, the 339, 412,

441, 450
Praeses, the 398

Praetorship, the, established 38;
open to plebeians^43 ; changes
62 ; college enlarged 127, 331;
relation to consulship 197;
method of election 198; title
198; development of office
199-200; praetor urbanus 200,
246, 269, 465 ; praetor pere-
grinus 200, 465 ; assignment of
duties 201 ; powers 202-205 5
the edictum perpetuum 204,
465 ; under the empire 465

Praevaricatio 513

Prefectures, the, under Diocle-
tian 398

Priesthoods 25, 36, 97, 183, 314

Princeps, the 325, 330, 331, 367,
414. See also emperor

The numbers refer to the sections.

IJSDEX

449

Principiom, the 318

Privati cum imperio 247

Procedure, criminal 513; ancient
and modem compared 514;
under the empire 515; civil
procedure 518-520

Procttxatores 446, 448, 458

Professio, the 174, 331

Proletariat, the 23, 29, 35, 49, 51,
68,85

Promagistracy, early instances
45 ; Sulla's system 95

Promulgatio legis 308

Prorogatio imperii, the 152. See
also promagistracy

Provinces, acquisition of the 81 ;
their government 82, 188 ; the
lex provinciae 83 ; condition of
the prpvinces 116; governors*
term limited 126; Caesar's re-
forms 130; under senate 283;
the provinces under Augustus
342-344; local govemment359;
under the Julian emperors 360;
under the Flavian emperors
367, 370-372 ; in the second
century a.d. 383 ; in the third
century 389-392 ; under Dio-
cletian 398 ; imperial and sena-
torial provinces 342, .428;
imperial officers in the prov-
inces 458-459 ; the provincial
assemblies 361, 459

Proyincia, meaning of 151

Punic wars, the. See Carthage

Pyrrhus 71

Quaestiones eztraordinariae, the
189, 511

Quaestiones perpetuae, the 65, 87,
512 ; Sulla's reforms 96 ; com-
position of juries 87, 96, 100,

512; under praetors 162, 203;
political cases 178; presidency
512; under the empire 412,

440, 515

Quaestorship, the 18, 507; open
to plebeians 43 ; college en-
larged 63, 127 ; history of office
238; quaestores urbani 239;
quaestores militares 240 ; pro-
vincial quaestors 240, 246;
Italian quaestors 241; college
reduced 331 ; under the empire
469

Quattuor viri lure dicundo, the

3S8
Quattuor viri viis, etc. 243

Quinquennales, the 358

Recuperatores, the 517

Relegatio 484, 515

Religious affairs 25, 155-157, 183,

279» 326, 407
Renantiatio, the 176, 306
Res privata, the 421, 448
Rescripta 413

Responsa prudentium, the 520
Rome, founding of 3 ; sources of
early traditions 5 ; early city
6 ; its population 7 ; early gov-
ernment 8 ; government under
the empire 337-339. 426, 449-
452 ; the regiones 339. See
also cura urbis

Salvius Otho, M. 355
Samnites, the 52
Saturninus 89
Scribae, the 170
Scribonius Curio, C. 109, 119
Sella curulis, the 168
Sempronius Gracchus, C. 87
Sempronius Gracchus, Ti. 85

The numbers refer to the sections.

4SO

INDEX

Senate, the, under the monarchy
13, 15, 19; the conscript! 26,
261, 267; the senate and the
tribune 39, 46 ; and the popu-
lar assemblies 57, 278; and the
magistrates 40, 58, 278; char-
acter of senatorial government
59; Sulla's reforms 94; the sen-
ate enlarged by Julius Caesar
129; relations to consul 181 ;
control of the finances 184;
the senatus consultum ulti-
mum 189, 287 ; the lectio sena-
tus 212; choice of members
259; number in senate 129,
260, 332 ; composition 261 ;
adlecti 261 ; eligibility 262-266;
age and property requirement
266 ; pedarii 267 ; insignia and
privileges 268; presiding officer
269 ; place and time of meeting
270; quorum 271; procedure
272 ; classes of senators 267,
272 ; method of voting 273 ;
valid senatus consulta 274-
275; the senatus auctoritas 274;
the senate and modern parlia-
ments 276 ; powers of the sen-
ate277-287; senatus consultum
and lex 278; thetumultus 286;
the iustitium 286 ; the appoint-
ment of a dictator 287 ; po-
sition of the senate under
Augustus 332, 471 ; numbers
reduced 332 ; in the second
century a.d. 380 ; in the third
387; under Diocletian 396;
admission to the senate under
the empire 472 ; classes of sena-
tors 473; presidency of the
senate 474 ; place and time of
meeting 475; quorum 476;

procedure 477 ; the senate and
the princeps 4;j8 ; powers of the
senate 479-48 1, 515; municipal
senate 358. See also sena-
torial aristocracy and ius cum
patribus agendi
Senatorial aristQcracy, the, cre-
ated by August us 334; enlarged
by Claudius and Vespasian
365 ; position under the em-
pire 495-497; insignia and titles
496; the senatorial cursus
honorum 497. See also sen-
ate and nobilitas
Seniores, the 23

Sergius Catilina, L. 102 ; effect of
the Catilinarian conspiracy 103;
constitutionality of the execu-
tion of the conspirators 287
Sertorius, Q. 98
Seviri Augustales, the 336
Seviri equitum Romanorum 492
Seztus Pompeius 138-139
Sources, the pp. 40, 61, 92-93,
125-127, 147-149, 286-288,
303-304» 316, 327-328, 340,
-and margins pp. 1 52-262, 341-

398
Sources of traditional narrative

5, 24 ; of early constitutional

history 14
Spain acquired 79; ruled by

Sertorius 98
Stipendium 84
Sulla. See Cornelius
Sulpicius Galba, Ser. 355
Sulpicius Rufus, P. 93
Snpplicatio, the 159
S3rria, war with 77

Taxes. See finances
Thapsus 121

The numbers refer to the sections.

INDEX

451

Tiberiiis, associated in the gov-
ernment 327 ; made emperor
346 ; character 347 ; influence
of Sejanus 347 ; treason trials
348; transfers elections to
senate 349

Titus, emperor 366

Toga, praetexta, the 168; pur-
purea 168

Trajan 374

Ties viri capitales, the 127, 243,
470, 510

Ties viri monetales, the 127, 243,
470

Ties viri rei publicae constitueii-
dae, the 135, 258

Tribuni, cohortis praetoriae, co-
hortis urbanae, cohortis vigi-
lum, legionis 494

Tribuni aerarii, the 100, 293, 440

Tribuni militates consulari potes-
tate, the, instituted 34, 194;
number 195 ; powers 195 ; dis-
appearance of office 196

Tribuni militum, the 194, 249

Tribuni plebis, the, instituted 27 ;
acquire positive powers 31 ;
seat in senate 39; power to
convoke senate 46; powers
limited by Sulla 94-95; re-
stored in 70 B.C. 100; public
prosecutor 178 ; election, num-
ber, insignia, attendants 217;
early powers 218 ; later powers
220-225; as political leaders

226; under the empire 429,
468

Tribunus celernm 18

Tribus, the 4, 7, 23, 41 ; freedmen
and landless freemen admitted
5 1 ; membership in 293 ; list
of the tribes 293 ; the tribes
under the empire 501

Triumph, a 159

Triumvirate, the first, formed
104 ; renewed 107 ; the second
triumvirate 135; discord be-
tween its members 1 38-1 41 ;
legal basis of its powers 258

Tullius Cicero, M., suppresses
Catilinarian conspiracy 102 ;
unites conservatives 103 ; ban-
ished 106-107

Tumultus, the 286

Vatinius, P. 105

Vectigal 84

Vespasian, proclaimed emperor

362; character 364; reforms

365 ; liberal policy 365
Viatores 170
Vicarius, the 398
Viginti sex viri, the, under the

republic 242-243 ; under the

empire 470
Vir, egregius, eminentissimus,

perfectissimus, splendidus 493
Vitellius, A., emperor 355

Zenobia 391

The numbers refer to the sections.

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