that term de jure, until the successor appeared and
relieved his predecessor of the command; or--which is the same thing--
the commanding consul or praetor after the expiry of his term of
office, if a successor did not appear, might continue to act, and was
bound to do so, in the consul's or praetor's stead. The influence
of the senate on this apportionment of functions consisted in its
having by use and wont the power of either giving effect to the
ordinary rule--so that the six praetors allotted among themselves
the six special departments and the consuls managed the continental
non-judicial business--or prescribing some deviation from it; it
might assign to the consul a transmarine command of especial importance
at the moment, or include an extraordinary military or judicial
commission--such as the command of the fleet or an important criminal
inquiry--among the departments to be distributed, and might arrange
the further cumulations and extensions of term thereby rendered
necessary. In this case, however, it was simply the demarcation of
the respective consular and praetorian functions on each occasion
which belonged to the senate, not the designation of the persons to
assume the particular office; the latter uniformly took place by
agreement among the magistrates concerned or by lot. The burgesses
in the earlier period were doubtless resorted to for the purpose
of legitimising by special decree of the community the practical
prolongation of command that was involved in the non-arrival of
relief;(25) but this was required rather by the spirit than by the
letter of the constitution, and soon the burgesses ceased from
intervention in the matter. In the course of the seventh century
there were gradually added to the six special departments already
existing six others, viz. the five new governorships of Macedonia,
Africa, Asia, Narbo, and Cilicia, and the presidency of the standing
commission respecting exactions.(26) With the daily extending sphere
of action of the Roman government, moreover, it was a case of more
and more frequent occurrence, that the supreme magistrates were
called to undertake extraordinary military or judicial commissions.
Nevertheless the number of the ordinary supreme annual magistrates
was not enlarged; and there thus devolved on eight magistrates to
be annually nominated--apart from all else--at least twelve special
departments to be annually occupied. Of course it was no mere
accident, t