REFERENCES TO CHAPTER IV.

GENERAL REFERENCES:-The Comitia.-Mommsen, Röm. Staatsrecht, III. p. 300, sqq. Lange, Röm. Alterthümer, II. p. 446, sqq. Willems, Droit public Romain, p. 149, sqq. Madvig, Die Verfassung und Verwaltung, I. p. 219, sqq. Herzog, Geschichte und System, &c., I. p. 1053,

sqq.

Soltau, Ueber Entstehung und Zusammensetzung der altröm. Volksversammlungen, Berlin, 1880.

Comitia Curiata.-Mommsen, Röm. Staatsrecht, III. p. 318, sqq. Lange, Röm. Alterthümer, I. p. 396, sqq. Willems, Droit public Romain, p. 154, sqq. Madvig, Die Verfassung und Verwaltung, I. p. 222, sqq. Herzog, Geschichte und System, &c., I. p. 1059, sqq.

Mommsen, Röm. Forschungen, I. p. 134, sqq. Clason, Krit. Erörterungen, Rostock, 1871, p. 1, sqq. Obredzinski, Die Kuriat- und Centuriatkomitien der Römer, Braunsberg, 1874. Genz, Das patrizische Rom, Berlin, 1878, p. 54, sqq. Soltau, Ueber Entstehung und Zusammensetzung, &c., p. 67, sqq.

Comitia Centuriata.-Mommsen, Röm. Staatsrecht, III. p. 240, sqq. Lange, Röm. Alterthümer, II. p. 494, sqq. Willems, Droit public Romain, p. 155, sqq. Madvig, Die Verfassung und Verwaltung, İ. p. 109, sq Herzog, Geschichte und System, I. p. 1066, sqq. Ullrich, Die Centuriatcomitien, Landshut, 1873. Soltau, Ueber Entstehung und Zusammensetzung, &c., p. 229, sqq. Kappeyne van de Coppello, Abhandlungen zum rồm. Staats- und Privatrecht, I. Stuttgart, 1885.

Centuria Praerogativa.—Belot, Histoire des chevaliers, I. p. 295, Backmund, in Blätter für bayer. Gymn., 1874, p. 231, sqq.

sqq.

Incorporation of the Centuries with the Tribes.-Plüss, Die Entwickelung der Centurienverfassung, &c., Leipzig, 1870. Clason, Zur Frage über die reform. Centurienverfassung (Heidelb. Jahrbücher, 1872, p. 221, sqq,) Preu in Blätter für die bayer. Gymn., 1877, II. fasc. Lange, De magistratuum Rom. renuntiation, &c., Lipsiae, 1879. Guiraud, De la réforme des comices centuriates (Revue histor. 18, p. 1, sqq.) Genz, Die Centuriatcomitien nach der Reform, Freienwalde, 1882. Klebs, in Zeitschrift der Savigny-Stiftung, &c., XII., p. 181, sqq.

Business transacted in the Comitia Centuriata.-Gentile, Le elezioni e il broglio, &c., Milano, 1878. Morlot, Les comices électoraux sous la république rom., Paris, 1884.

Comitia Tributa.-Lange, Röm. Alterthümer, 2, p. 459, sqq.; 533, sqq.; 565, sqq.; 613, sqq. Willems, Droit public Romain, p. 164, sqq. Madvig, Die Verfassung und Verwaltung, I. p. 234, sqq. Herzog, Geschichte und System, I. p. 1128, sqq.; 1169, sqq.

Mommsen, Röm. Forschungen, I. p. 151, sqq.; 177, sqq. Clason, Krit. Erörterungen, Rostock, 1871, p. 71, sqq. Ihne, Die Entwickelung der Tributkomitien (Rhein. Museum, 1873, p. 353, sqq.) Berns, De comitiorum tributorum et conciliorum plebis discrimine, Wetzlar, 1875. Genz, Die Tributkomitien (Philologus, 1876, p. 83, sqq.) Blasel, Die allmähliche staatsr. Kompetenzerweiterung, &c., Bonn, 1879. Soltau, Ueber Entstehung und Zusammensetzung, &c., p. 473, sqq. Ruppel, De comitiorum tributorum et conciliorum plebis discrimine, Wiesbaden, 1884.

Laws.-Mommsen, Röm. Staatsrecht, III. p. 150, 155, sqq.; 1010, 1039, 1045, II. p. 312. Henschel, De iure comitiorum tributorum, &c., Hildesheim, 1871. Soltau, Die Giltigkeit der Plebiscite, Berlin, 1884.

Comitia Tributa.-Urlichs, Ueber das Verfahren bei der Abstimmung (Rhein. Museum, 1842, p. 702, sqq.)

Comitia Calata.-Mommsen, Röm. Staatsrecht, II. pp. 34, 37, sqq.; III. pp. 39, 318, sqq. Lange, Röm. Alterthümer, I. p. 399, sqq. Düntzer, Der Ausruf an den Kalenden (Philologus, 1861, p. 361, sqq.) Herzog, Geschichte und System, I. p. 1062, sqq. Gruber, Ueber die comitia calata (Zeitschr. f. Alt., 1837, n. 20).

Comitia under the Empire.-Mommsen, Röm. Staatsrecht, II. p. 881, sqq.; p. 913, sqq.; III. p. 1228. sqq. Lange, Röm. Alterthümer, II. p. 723, sqq. Willems, Droit public Romain, p. 447, sqq. Madvig, Die Verwaltung und Verfassung, I. p. 276, sqq. Herzog, Geschichte und System, II. p. 905, sqq.

Schmidt, Ueber den Verfall der Volksrechte in Rom (Zeitschr. für d. Geschichtswiss., 1844, p. 37, sqq.; 1878, p. 326, sqq.) Göll, Ueber die Wahlkomitien in der Kaiserzeit (Zeitschr. f. d. Alterth., 1856, p. 509, sqq Stobbe, Ueber die Komitien unter den Kaisern (Philologus, 31, p. 288, sqq

CHAPTER V.

MAGISTRATES OF THE REGAL AND REPUBLICAN PERIODS AND UNDER THE EARLY EMPERORS.

REGES.

For two hundred and forty-four years after the foundation of the city, the administration of public affairs was in the hands of one supreme magistrate, who held his office for life, with the title of Rex.

Duties discharged by the King. The functions of the King were threefold

1. He was the supreme civil magistrate, the upholder of order and the laws; he alone had the right to summon meetings of the Senate and of the Comitia and to guide their deliberations, and he presided in all courts of justice. 2. He was commander-in-chief of the armies of the state.

3. He was chief priest, and as such, exercised a guiding influence over all matters connected with public religion.

Mode of Election. Although the office of King was held for life, it was not a hereditary but an elective monarchy. When a King died, the supreme power (summa potestas) having proceeded from the Patricians, who constituted the Populus, was supposed to return to them (res ad patres rediit.) They were forthwith summoned (convocabantur) by the Senate; they assembled in the Comitia Curiata, and proceeded at once to choose, out of their own body, a temporary King (prodere interregem) to discharge the duties of the regal office until matters were ripe for a new election. This Interrex remained in office for five days, and then himself nominated (prodidit) his successor, who continued in office for a like period. It was understood that the Comitia for the choice of a new King was not to be held by the first Interrex, but the second might proceed to the election; if a longer period was required for deliberation, a number of Interreges might follow in succession. At length the Interrex and the Senate naving, in all probability, made arrangements as to the person to be proposed, and the Comitia Curiata, consisting entirely of Patricians, having been regularly summoned by the Interrex, the individual nominated by a majority of the Curiae was chosen (creatus est) King; but the Curiae were restricted to those candidates who had received the sanction of the Senate, and were proposed by the Interrex-Tullum Hostilium populus Regem, interrege rogante, Comitiis Curiatis creavit. When the result had been announced by the Interrex who presided, the monarch elect was conducted by an Augur to the Arx, and there seated on a stone called the Auguraculum, with his face to the south. The omens

REGES TRIBUNUS CELERUM-PRAEFECTUS URBI-QUAESTORES.

2

3

166 were then observed, and if favourable, the fact was announced by the augur to the multitude assembled in the Forum below; and the choice of the Curiae, in so far as the priestly character of the monarch was concerned, was declared to be ratified by the approval of the gods. Finally, the new King summoned the Comitia Curiata, and submitted to them a law conferring Imperium upon himself, and this having been passed, 3 the ceremonies were held to be complete. Such, as far as we can gather, from the indistinct and inconsistent statements of those writers who have touched upon this obscure period, were the forms anciently observed. The accounts with regard to the Interrex are especially contradictory, and the authors who speak with the greatest precision, evidently took it for granted that all the rules and usages connected with the Interrex of the republican times were identical with those in force in regard to the functionary who bore the same appellation in the days of the Kings.

4

Servius Tullius was, we are told, the first King who seated himself upon the throne without having been duly elected by the Comitia Curiata, (iniussu populi,) but he obtained their sanction to a Lex Curiata de imperio (Cic. de R. 21.)

Insignia of the Kings.

5-These were

1. Twelve attendants, called Lictores, each bearing a bundle of rods, with an axe in the midst, (fasces cum securibus,) emblematic of the power of scourging and of life and death.

2. Sella Curulis, a chair of state ornamented with ivory.

3. Toga Praetexta, a white cloak or mantle with a scarlet border, or sometimes a Toga Picta, a cloak embroidered with figures.

4. Trabea, a tunic striped with scarlet or purple.

TRIBUNUS CELERUM.

The Tribunus Celerum or commander of the cavalry, occupied the second place in the state, being a sort of aid-de-camp to the King, and his representative in military affairs; on the other hand, the

was an officer

quit the city. 7

6

CUSTOS URBIS S. PRAEFECTUS URBI

appointed by the King to act as his deputy when compelled to There were also

QUAESTORES;

but we shall reserve our remarks upon these until we discuss the Quaestors of the commonwealth.

We now proceed to treat of the magistrates under the republic, commencing with the

CONSULES.

Origin of the Office. Upon the expulsion of the Kings, it was resolved, in accordance, we are told, with a suggestion contained in the commentaries of

1 Liv. I. 18. Plut. Num. 7. Paul. Diac. s.v. Auguraculum, p. 18.

2 Cic. de. R. II. 13. 17. 18. 21.

This last sanction was expressed by the phrase Patres auctores fiunt-Patres auctores fuerunt. See Liv. I. 17.

4 The chief authorities are, Cic. de R. II. 12. Liv. I. 17. 32. III. 40. IV. 7. V. 31. VL 41 VII. 17. 21. VIII. 23. Dionys. II. 57. 60. III. 36. IV. 34. 40. 80. VIIL 90. Plut. Num. 2 Appian. B.C. L. 98. Dion Cass. XL. 45. Ascon. et Schol. Bob. in Cic. pro Milon. 5.

The whole of these seem to have been of Etruscan origin. Liv. L. 8. Cic. de R. II. 17. Plin. H.N. VIIL 48. IX. 39. Macrob. S I. 6. Ovid. Fast. I. 37. II. 501. Juven. S. VIIL 259. e Dionys. IV. 71. Lyd. de magist. I. 14. Pompon. de orig. iuris, Digest. I. ii. 15.

7 Tacit. Ann. VI. 11.

Servius Tullius, who, it was believed, contemplated the establishment of a republican constitution, to place the executive in the hands of two supreme magistrates, who might act as presidents of the infant commonwealth.1

4

These two magistrates were originally designated PRAETORES, 2 that is, leaders, (quod populo praeirent,) and sometimes Iudices; but both of these appellations were superseded at an early period by the title of CONSULES, bestowed, it would seem, because it was their duty to deliberate for the welfare of the state, (consulere reipublicae,) while the names of Praetor and Iudex were eventually transferred to other functionaries.

Original Jurisdiction of the Consuls.-The Consuls at first exercised precisely the same powers, both civil and military, as the Kings-Uti consules potestatem haberent tempore dumtaxat annuam, genere ipso et iure regiam— Regio imperio duo sunto; but from the immutability believed to attach to things sacred, it was held that certain holy rites, which in times past had been performed by the Kings, could not be duly solemnised by persons bearing a different title and holding office according to a different tenure. Accordingly, a priest was chosen for the special purpose of discharging these duties, and was designated Rex Sacrorum or Rex Sacrificulus.

But although the civil and military functions of the Kings were transferred to the Consuls, the power wielded by the latter was very different in consequence of numerous important limitations and restrictions

1. The Consuls were always two in number (imperium duplex.) When both were in the city or in the camp together their power was equal, and neither could take any step without the consent of the other. Moreover, an appeal lay from the judicial sentence pronounced by the one to the other (appellatio collegae) who had the right of cancelling the decision (intercessio collegae.) If a Consul died or resigned while in office, the remaining Consul was obliged to summon the Comitia for the election of a colleague (subrogare s. sufficere collegam) to fill the vacant place for the remainder of the year; and a Consul so chosen was termed Consul suffectus, in contradistinction to Consules ordinarii, elected in usual manner.

There are only four, or rather two, instances upon record of this rule having been violated during the period of the republic-one in B.C. 501, soon after the institution of the office, when the death happened so near the close of the official year that a new appointment was considered unnecessary-the other in B.C. 68, when L. Caecilius Metellus having died, and the Consul suffectus chosen to fill his place having also died before entering upon office, a second election was regarded as ominous, and Q. Marcius Rex remained sole Consul. Cn. Papirius Carbo, after the death of his colleague Cinna, (B.C. 84,) remained sole Consul for nearly a year; but this was during a period of civil war, when the forms of the constitution were altogether disregarded; and again, in B.C. 52, Cn. Pompeius was deliberately elected Consul sine collega; but this was at a juncture when the extraordinary disorders in the state called for extraordinary remedies, and

1 Liv. I. 48. 60. Dionys. IV. 40.

2 Liv. VII. 3. where the Consul is styled Praetor Maximus. Plin. H.N. XVIII. 3. Varro L.L. V. §. 80. Fest. s.v. Maximum Praetorem, p. 161. Aul. Gell. XX. 1.

3 Varro L.L. VL. § 88. Liv. III. 55. Cic. de legg. III. 3. It may be doubted, however, whether the term ludices, which manifestly refers to their judicial functions, was ever applied as a general title.

4 According to Zonaras (VII. 19.) the title Consul was introduced in B.C. 449, upon the expulsion of the Decemvirs.

Cic. de R. II. 32. de legg. III. 3.

6 Dionys. X. 17. Liv. IL 18. 27. IIL 34. JE