least very early, there were
associated with them standing assistants in that duty, namely, those
quaestors who, doubtless, had in exercising this function absolutely
to obey them, but without whose previous knowledge and co-operation
the consuls could not act.

Where on the other hand such directions were not in existence, the
president of the community in the capital had personally to intervene;
as indeed, for example, at the introductory steps of a process he
could not under any circumstances let himself be represented by
deputy.

This double restriction of the consular right of delegation subsisted
for the government of the city, and primarily for the administration
of justice and of the state-chest. As commander-in-chief, on the
other hand, the consul retained the right of handing over all or any
of the duties devolving on him. This diversity in the treatment of
civil and military delegation explains why in the government of the
Roman community proper no delegated magisterial authority (-pro
magistrate-) was possible, nor were purely urban magistrates ever
represented by non-magistrates; and why, on the other hand, military
deputies (-pro consuls-, -pro praetore-, -pro quaestore-) were
excluded from all action within the community proper.

Nominating a Successor

The right of nominating a successor had not been possessed by the
king, but only by the interrex.(7) The consul was in this respect
placed on a like footing with the latter; nevertheless, in the event
of his not having exercised the power, the interrex stepped in as
before, and the necessary continuity of the office subsisted still
undiminished under the republican government. The right of
nomination, however, was materially restricted in favour of the
burgesses, as the consul was bound to procure the assent of the
burgesses for the successors designated by him, and, in the sequel,
to nominate only those whom the community designated to him. Through
this binding right of proposal the nomination of the ordinary supreme
magistrates doubtless in a certain sense passed substantially into the
hands of the community; practically, however, there still existed a
very considerable distinction between that right of proposal and the
right of formal nomination. The consul conducting the election was by
no means a mere returning officer; he could still, e. g. by virtue of
his old royal prerogative reject particular candidates and disregard
the votes tender