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