FREE BOOKS

Author's List




PREV.   NEXT  
|<   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91  
92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   >>   >|  
ntroduced foreign envoys to the senate. The symbols of their presidency were manifold. It was marked by the twelve lictors (q.v.), a number permitted to no other ordinary magistrate, by the fact that the first act of newly-admitted consuls was to take the auspices, their second to summon the senate, and by the use of their names for dating the year. The consulate was, indeed, as Cicero expresses it, the culminating point in an official career ("Honorum populi finis est consulatus," Cic. _Pro Planco_, 25. 60). In the domestic sphere the consuls retained certain powers of jurisdiction. This jurisdiction was either (i.) administrative or (ii.) criminal. (i.) Their administrative jurisdiction was sometimes concerned with financial matters such as pecuniary claims made by the state and individuals against one another. They acted in these matters in the periods during which the censors were not in office. We also find them adjudicating in disputes about property between the cities of Italy, (ii.) Their criminal jurisdiction was of three kinds. In the first place it was their duty, before the development of the standing commissions which originated in the middle of the 2nd century B.C., to set in motion the criminal law against offenders for the cognizance of ordinary, as opposed to political, crimes. The reference of such cases to the assembly of the people was effected through their quaestors (see Quaestor). Secondly, when the people and senate, or the senate alone, appointed a special commission (see Senate), the commissioner named was often a consul. Thirdly, we find the consul conducting a criminal inquiry raised by a point of international law. It is possible that in this case his advising body (_consilium_) was composed of the _fetiales_ (see Herald, ad fin.). (Cicero, _De republica_, iii. 18. 28; Mommsen, _Staatsrecht_, ii. p. 112, n. 3). During the greater part of the republic the consuls were recognized as the heads of the administration abroad as well as at home. It thus became necessary that departments of administration (_provinciae_) should be determined and assigned. The method of assignment varied. The least usual device was for one consul to take the field at the head of an army, while the other remained at home to transact the civil business of state. More often foreign wars demanded the attention of both consuls. In this case the regular army of four legions was usually divided between them. When it was
PREV.   NEXT  
|<   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91  
92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   >>   >|  



Top keywords:

consuls

 

senate

 

criminal

 
jurisdiction
 
consul
 

Cicero

 

foreign

 
administrative
 

administration

 

matters


people

 

ordinary

 

Herald

 
republica
 

fetiales

 

composed

 

advising

 
consilium
 

inquiry

 
Secondly

Quaestor

 
appointed
 

quaestors

 

assembly

 
effected
 

special

 

commission

 

raised

 

international

 

conducting


Senate

 

commissioner

 

Thirdly

 

assignment

 
method
 

varied

 
assigned
 
determined
 
regular
 

attention


remained

 

transact

 

business

 
device
 

demanded

 

provinciae

 

departments

 
legions
 

divided

 
Mommsen