So when the senate, to mortify Cæsar, had decreed as provinces to him and his colleague Bibulus, the care of the woods and roads, Suet. Jul. 19., Cæsar, by means of the tribune Vatinius, procured from the people, by a new and extraordinary law, the grant of Cisalpine Gaul, with the addition of Illyricum, for the term of five years, Ibid. 22. Cic. pro Dom. 9. in Vatin. 15., and soon after also Transalpine Gaul from the senate, Suet. ib. Dio. xxxviii. 8.; which important command was afterwards prolonged to him for other five years by the Trebonian law, Liv. Epit. 105. Cic. de Prov. Cons. 8. Epist. Fam. i. 7. (See page 19.)

No one was allowed to leave his province without the permission of the senate, Liv. xxix. 19.; which regulation, however, was sometimes violated upon extraordinary occasions, Liv. x. 18. xxvii. 43.

If any one had behaved improperly, he might be recalled from his province by the senate, but his military command could only be abolished (abrogari) by the people, Liv. xxix. 19.

The senate might order the consuls to exchange their provinces, Liv. xxvi. 29., and even force them to resign their command, Id. v. 32. Pompey, in his third consulship, to check bribery, passed a law that no one should hold a province till five years after the expiration of his magistracy, Dio. xl. 46., and that for these five years, while the consuls and prætors were disqualified, the senators of consular and prætorian rank, who had never held any foreign command, should divide the vacant provinces among themselves by lot. By which law the government of Cilicia fell to Cicero against his will, Cic. Ep. Fam. iii. 2. Cæsar made a law, that the prætorian provinces should not be held longer than a year, nor the consular more than two years. But this law, which is much praised by Cicero, was abrogated by Antony, Cic. Phil. i. 8.

5. FROM WHAT ORDER THE CONSULS WERE CREATED.

THE Consuls were at first chosen only from among the patricians but afterwards also from the plebeians. This important change, although in reality owing to weightier causes, was immediately occasioned by a trifling circumstance. M. Fabius Ambustus, a nobleman, had two daughters, the elder of whom was married to Sulpicius, a patrician, and the younger to C. Licinius Stolo, a plebeian. While the latter was one day visiting her sister, the lictor of Sulpicius, who was then military tribune, happened to strike the door with his rod, as was usual when that magistrate returned home from the forum. The young Fabia, unacquainted with that custom, was frightened at the noise, which made her sister laugh, and express surprise at her ignorance. This stung her to the quick; and upon her return home, she could not conceal her uneasiness. Her father, seeing her dejected, asked her if all was well; but she at first would not give a direct answer; and it was with difficulty he at last drew from her a confession that she was chagrined at being connected with a man who could not enjoy the same honours with her sister's husband. For although it had been ordained by law that the military tribunes

* Niebuhr thinks otherwise. - Vol. i. p. 458.

should be created promiscuously from the patricians and plebeians, Liv. iv. 6., yet for forty-four years after the first institution, A. U. 311, to A. U. 355, no one plebeian had been created, Liv. v. 12. vi. 37., and very few afterwards, Liv. v. 13. 18. vi. 30. Ambustus, therefore, consoled his daughter with assurances that she should soon see the same honours at her own house which she saw at her sister's. To effect this, he concerted measures with his son-in-law, and one L. Sextius, a spirited young man of plebeian rank, who had every thing but birth to entitle him to the highest preferments.

Licinius and Sextius being created tribunes of the commons, Liv. vi. 35., got themselves continued in that office for ten years, ibid. 42.; for five years they suffered no curule magistrates to be created, ibid. 35., and at last prevailed to get one of the consuls created from among the plebeians, ibid. 42.

L. SEXTIUS was the first plebeian consul, Liv. vii. 1., and the second year after him, C. Licinius Stolo, ibid. 2., from whom the law ordaining one of the consuls to be a plebeian, was called LEX LICINIA, ibid. 21.* Sometimes both consuls were plebeians, Id. xxiii. 31., which was early allowed by law, vii. 42. But this rarely happened; the patricians for the most part engrossed that honour, Liv. vii. 18, 19. et alibi passim. Sall. Jug. 63. Cic. in Rull. ii. 1. The Latins once required, that one of the consuls should be chosen from among them, Liv. viii. 4, 5., as did afterwards also the people of Capua, Id. xxxiii. 6.; but both these demands were rejected with disdain.

The first foreigner who obtained the consulship was Cornelius Balbus, Plin. viii. 43. s. 44. Vell. ii. 51., a native of Cadiz; who became so rich, that at his death, he left each of the citizens residing at Rome, 23 drachmæ, or denarii, i. e. 16s. 1žd., Dio. xlviii. 32.

6. THE LEGAL AGE, AND OTHER REQUISITES FOR ENJOYING THE CONSULSHIP.

THE legal age for enjoying the consulship (Etas CONSULARIS) was forty-three, Cic. Phil. v. 17.; and whoever was made consul at that age, was said to be made in his own year (suo anno), Cic. in Rull. ii. 2.

Before one could be made consul, it was requisite to have gone through the inferior offices of quæstor, ædile, and prætor. It behoved candidates for this office to be present, and in a private station (see p. 81.), and no one could be created consul a second time till after an interval of ten years, Liv. vii. 42. x. 13.

But these regulations were not always observed. In ancient times there seem to have been no restrictions of that kind, and even after they were made, they were often violated. Many persons were created consuls in their absence, and without asking it, Cic. Amic. 3.,

* In the year of Rome 397, the comitia chose two patricians to the consulship, in violation of this law; but when the tribunes opposed the proceeding, the interrex, who presided in the assembly, answered, "That by a law of the twelve tables, whatever the people decreed last was law; and that the votes of the people were their decree.- Ut quodcunque postremum populus jussissel, id jus ratumque esset, jussum

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and several below the legal age; thus, M. Valerius Corvus at twenty-three, Liv. vii. 26.; Scipio Africanus the elder, at twentyeight, Id. xxv. 2. xxvi. 18. xxviii. 38., and the younger at thirtyeight, Id. Epit. xlix. [“ Cic. de Amic. § 3." T.]; T. Quinctius Flaminius, when not quite thirty, Plutarch; Pompey, before he was full thirty-six years old, (ex S. C. legibus solutus consul antè fiebat, quàm ullum magistratum per leges capere licuisset, i. e. before by law he could be made ædile, which was the first office properly called Magistratus, although that title is often applied also to the quæstorship and tribuneship,) Cic. pro Leg. Manil. 21.

To some the consulship was continued for several years without intermission; as to Marius, Liv. Epit. 67., who was seven times consul, and once and again created in his absence, ibid. et 68. 80. Several persons were made consuls without having previously borne any curule office, Liv. xxv. 42. xxxii. 7. Dio. xxxvi. 23. Many were re-elected within a less interval than of ten years, Liv. passim. And the refusal of the senate to permit Cæsar to stand candidate in his absence, or to retain his province, gave occasion to the civil war betwixt him and Pompey, which terminated in the entire extinction of liberty, Cas. de Bell. Civ. i. 2, 3.

7. ALTERATIONS IN THE CONDITION OF THE CONSULS UNDER THE EMPERORS.

JULIUS CESAR reduced the power of the consuls to a mere name. Being created perpetual dictator, Suet. 76., all the other magistrates were subject to him. Although the usual form of electing consuls was retained, he assumed the nomination of them entirely to himself, Cic. Phil. ii. 32. Suet. Jul. 41. 76. * He was dictator and consul at the same time, Dio. xliii. 1., as Sylla had been before him; but he resigned the consulship when he thought proper, and nominated whom he chose to succeed him. When about to set out against the Parthians, he settled the succession of magistrates for two years to come (Consules et tribunos plebis in biennium, quos voluit), Cic. Att. xiv. 6. Dio. xliii. 51. He introduced a custom of substituting consuls at any time, for a few months or weeks; sometimes only for a few days, or even hours, Lucan. v. 397. Suet. Jul. 76. Cic. Fam. vii. 30. Dio. xliii. 36.; that thus the prince might gratify a greater number with honours. Under Commodus, there were twenty-five consuls in one year, Lamprid. 6. The usual number in a year was twelve. But the consuls who were admitted on the first day of January gave name to the year, and had the title of ORDINARII, the others being styled SUFFECTI, or Minores, Dio. xlviii. 35.

The consuls, when appointed by the emperor, Plin. Ep. ix. 13., did not use any canvassingt, but went through almost the same

Sylla had set Cæsar the example in the nomination of consuls; for when, during bis dictatorship, Lucretius Ofella offered himself as a candidate, Sylla forbade him to stand, and upon his refusal to obey the mandate, sent a centurion, who killed him upon the spot. After this he caused M. Tullius Decula and Cn. Cornelius Dolabella to be elected consuls. This took place A. U. 672.

+ Cicero, Phil. ii. 30., says, that in the times before Cæsar, consulatus petebatur, non rogabatur; it was canvassed for, not solicited at the hauds of an individual.

formalities in other respects as under the republic, Plin. Pan. 63, 64, 65.69. 77.92. In the first meeting of the senate after their election, they returned thanks to the emperor in a set speech, Plin. Ep. iii. 13. 18. Paneg. 2. 90, 91. 93., when it was customary to expatiate on his virtues ; which was called, HONORE, vel IN HONOREM PRINCIPIS CENSERE, Id. Pan. 54., because they delivered this speech, when they were first asked their opinion as consuls elect. (See p. 11. et Plin. Ep. vi. 27.) Pliny afterwards enlarged on the general heads, which he used on that occasion, and published them under the name of PANEGYRICUS (i. e. λóyos navnyupinòs, oratio in conventu habita, a mavýyvpis, conventus, Cic. Att. i. 14.) Nervæ Trajano Augusto dictus.

Under the emperors there were persons dignified merely with the title, without enjoying the office, of consuls (CONSULES HONORARII); as, under the republic, persons who had never been consuls or prætors, on account of some public service, obtained the right of sitting and speaking in the senate, in the place of those who had been consuls or prætors (loco consulari vel prætorio, Cic. Phil. i. 6. v. 17. Liv. Epit. 118.), which was called auctoritas vel sententia consularis aut prætoria, Cic. in Vatin. 7. in Balb. 25. So, allectus inter prætorios, Plin. Ep. i. 14. Pallanti senatus ornamenta prætoria decrevit, Id. vii. 29. viii. 6.

Those who had been consuls were called CONSULARES, Cic. Fam. xii. 4., &c.; as those who had been prætors, were called PRÆTORII; ædiles, ÆDILITII; Quæstors, QUÆSTORII.

Under Justinian, consuls ceased to be created, and the year, of consequence, to be distinguished by their name, A. U. 1293. But the emperors still continued to assume that office the first year of their sovereignty. Constantine created two consuls annually; whose office it was to exercise supreme jurisdiction, the one at Rome, and the other at Constantinople.

II. PRÆTORS.

1. INSTITUTION AND POWER OF THE prætor.

THE name of PRÆTOR (is qui præit jure et exercitu, Varro, σrpaτnyos,) was anciently common to all the magistrates, Liv. iii. 55. Ascon. in Cic. Thus the dictator is called Prætor maximus, Liv. vii. 3. But when the consuls, being engaged in almost continual wars, could not attend to the administration of justice, a magistrate was created for that purpose, A. U. 389, to whom the name of PRÆTOR was thenceforth appropriated. He was at first created only from among the patricians, as a kind of compensation for the consulship being communicated to the plebeians; but afterwards, A. U. 418, also from the plebeians, Liv. viii. 15. The prætor was next in dignity to the consuls, and was created at the Comitia Centuriata with the same auspices as the consuls, whence he was called their colleague, Liv. vii. 1. viii. 32. Gell. xiii. 14. Plin. Pan. 77. The first prætor was Sp. Furius Camillus, son to the great M. Furius Camillus, who died the year that his son was prætor, Liv. vii. 1.

When one prætor was not sufficient, on account of the number of

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PRÆTOR PEREGRINUS, URBANUS DIES FASTI.

to administer justice to them, or between citizens and them (qui inter cives Romanos et peregrinos jus diceret, Liv. Epit. xix.—xxii. 36.) hence called PRÆTOR PEREGRINUS.

The two prætors, after their election, determined, by casting lots, which of the two jurisdictions each should exercise.

The prætor who administered justice only between citizens, was called PRÆTOR URBANUS, and was more honourable; whence he was called PRÆTOR HONORATUS, Ovid. Fast. i. 52., MAJOR, Festus in voce MAJOR CONSUL; and the law derived from him and his edicts is called JUS HONORARIUM. In the absence of the consuls he supplied their place (munus consulare sustinebat), Cic. Fam. x. 12. He presided in the assemblies of the people, and might convene the senate; but only when something new happened, Cic. Fam. xii. 28. He likewise exhibited certain public games, as the Ludi Apollinares, Liv. xxvii. 23.; the Circensian and Megalesian games, Juvenal. xi. 192.; and therefore had a particular jurisdiction over players, and such people; at least under the emperors, Tacit. Ann. i. 77. When there was no censor, he took care, according to a decree of the senate, that the public buildings were kept in proper repair (sarta tecta exigebat), Cic. in Verr. i. 50. On account of these important offices, he was not allowed to be absent from the city above ten days, Cic. Phil. ii. 13.

The power of the prætor in the administration of justice was expressed in these three words, DO, DICO, ADDICO. Prætor DABAT actionem et judices; the prætor gave the form of a writ for trying and redressing a particular wrong complained of, and appointed judges or a jury to judge in the cause; DICEBAT jus, pronounced sentence; ADDICEBAT bona vel damna, adjudged the goods of the debtor to the creditor, &c.

The days on which the prætor administered justice were called DIES FASTI (a fando, quod iis diebus hæc tria verba fari licebat). Those days on which it was unlawful to administer justice, were called NEFASTI.

Ille NEFASTUS erit, per quem TRIA VERBA silentur :
FASTUS erit, per quem lege licebit agi.

2. EDICTS OF THE PRÆTOR.

Ovid. Fast. i. 47.

THE Prætor Urbanus, when he entered on his office, after having sworn to the observance of the laws, published an edict (EDICTUM), or system of rules (Formula), according to which he was to administer justice for that year; whence it is called by Cicero, LEX ANNUA, Cic. in Verr. i. 42. Having summoned an assembly of the people, he publicly declared (EDICEBAT) from the Rostra (cùm in concionem adscendisset) what method he was to observe (quæ observaturus esset) in administering justice, Cic. de Fin. ii. 22. This edict he ordered, not only to be recited by a herald, Plaut. in Prolog. Panuli, 11., but also to be publicly pasted up in writing, (Scriptum in ALBO (i. e. in tabula dealbata, vel, ut alii dicunt, albis literis notatâ), publicè proponi, unde de PLANO (i. e. de humo,) rectè legi posset; in large letters (literis majusculis), Suet. Calig. 41. These words