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See also:CONSUL (in Gr. generally ihraros,ashortened See also:form of errpavgybs 8hraeos, i.e. See also:praetor See also:maximus)
, the See also:title See also:borne by the two highest of the See also:ordinary magistrates of the whole See also:Roman community during the See also:republic
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In the imperial See also:period these magistrates had ceased practically to be the heads of the See also:state, but their technical position remained unaltered
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(For the See also:modern commercial See also:office of See also:consul see the See also:separate See also:article below.)
The consulship arose with the fall of the See also:ancient See also:monarchy (see further See also:RoME: See also:History, II
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" The Republic ")
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The Roman reverence for the abstract conception of the magistracy, as expressed in the imperium and the auspicia, led to the preservation of the See also:regal See also:power weakened only by See also:external limitations
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The two new officials who replaced the See also: 3) . This first example of the collegiate principle assumed the See also:form that soon became See also:familiar in the Roman See also:commonwealth . Each of the pair of magistrates could See also:act up to the full See also:powers of the imperium; but the dissent of his colleague rendered his decision or his See also:action null and void . At the same See also:time the principle of a merely See also:annual See also:tenure of office was insisted on . The two See also:magistrate's at the See also:close of their See also:year of office were See also:bound to transmit their power to successors; and these successors whom they nominated were obliged to seek the suffrages of the See also:people . The only See also:body known to us as electing the consuls during the republican period was the See also:comitia centuriata (see See also:Comm) . The consulate was originally confined to See also:patricians . During the struggle for higher office that was waged between. the orders the office was suspended on fifty-one occasions between the years 444 and 367 B.C. and replaced by the military tribunate with consular power, to which plebeians were eligible . The struggle was brought to an end by the Licinio -Sextian See also:laws of 367 B.C., which enacted that one consul must be a plebeian (see PATRICIANS) . Most of the See also:internal history of Rome down to the beginning of the third See also:century B.C. consists in a See also:series of attacks, whether intentional or accidental, on the power of the executive . As the consuls are the See also:sole representatives of higher executive authority in See also:early times, this history is one of a progressive decline in the originally wide and arbitrary powers of the office . Their right of See also:summary criminal See also:jurisdiction was weakened by the successive laws of See also:appeal (provocatio); their capacity for interpreting the See also:civil See also:law at their See also:pleasure by the publication of the Twelve Tables and the Forms of Action . The growth of the tribunate of the See also:plebs hampered their activity both as legislators and as judges . They surrendered the duties of See also:registration to the censors in 443 B.C., and the rights of civil jurisdiction and See also:control over the See also:market and See also:police to the See also:praetor and the See also:curule aediles in 367 B.C . The result of these limitations and of this specialization of functions in the community was to leave the consuls with less specific duties at See also:home than any magistrates in the state . But the See also:absence of specific functions may be of itself a sign of a See also:general See also:duty of supervision . The consuls were in a very real sense the heads of the state . See also:Polybius describes them as controlling the whole See also:administration (Polyb. vi . 12 rravcov eiai Kbpt.ot i i' Si7poaim) lrp i ewv) . This control they exercised in See also:concert with the See also:senate, whose See also:chief servants they were . It was they who were the most See also:regular consultants of this See also:council, who formulated its decrees as edicts, and who brought before the people legislative See also:measures which the senate had approved . It was they also who represented the state to the See also:outer See also:world and introduced See also:foreign envoys to the senate . The symbols of their See also:presidency were manifold . It was marked by the twelve See also: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 See also:official career (" Honorum populi finis est consulatus," Cie . See also:Pro Planco, 25 . 6o) . In the domestic See also:sphere the consuls retained certain powers of jurisdiction . This jurisdiction was either (i.) administrative or (ii.) criminal . (i.) Their administrative jurisdiction was some-times concerned with See also: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 See also:property between the cities of See also:Italy . (ii.) Their criminal jurisdiction was of three kinds . In the first See also:place it was their duty, before the development of the See also:standing commissions which originated in the See also:middle of the 2nd century B.C., to set in See also:motion the criminal law against offenders for the See also:cognizance of ordinary, as opposed to See also:political, crimes . The reference of such cases to the See also:assembly of the people was effected through their quaestors (see See also:QUAESTOR) . Secondly, when the people and senate, or the senate alone, appointed a See also:special See also:commission (see SENATE), the See also:commissioner named was often a consul .
Thirdly, we find the consul conducting a criminal inquiry raised by a point of See also:international law
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It is possible that in this See also:case his advising body (consilium) was composed of the fetiales (see See also:HERALD, ad fin.)
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(Cicero, De republics, iii
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18
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28; See also:Mommsen, Staatsrecht, ii. p
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112, n
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3)
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During the greater See also:part of the republic the consuls were recognized as the heads of the administration abroad as well as at home
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It thus became necessary that departments of administration (provinciae) should be determined and assigned
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Themethod of See also:assignment varied
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The least usual See also:device was for one consul to take the See also:
In this case the regular army of four legions was usually divided between them
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When it was necessary that both armies should co-operate, the principle of rotation was adopted, each consul having the command for a single See also:day—a practice which may be illustrated by the events preceding the See also:battle of See also:Cannae (Polybius iii
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11o; See also:Livy xxii
.
41)
.
During the See also:great period of See also:conquest from 264 to 146 B.C
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Italy was generally one of the consular "provinces," some foreign See also:country the other; and when at the close of this period Italy was at See also:peace, this distinction approximated to one between civil and military command
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The consuls . settled their departments amongst themselves by agreement or by See also:lot (comparatio, sortitio), the power of declaring what should be the consular provinciae was usurped by the senate, (see SENATE), and a lex Sempronia passed by C
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See also:Gracchus, probably in 122 B.C., ordained that the two consular provinces should be declared before the See also:election of the consuls
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At this time the consuls entered office on the 1st of See also:January (a practice which commenced in 153 B
.
C.), and their military command began on the 1st of See also: The consul whose command had been prolonged now served abroad as proconsul . It is probable, that See also:Sulla in his legislation of 81 B.C. did something to stereotype this system . Certainly the See also:government by pro-magistrates be-comes the See also:rule after this period (cf . Cicero, De natura deorum, ii . 3 . 9; De divinatione, ii . 36 . 76, 77), although there are several instances of consuls assuming the active command of provinces between the years 74 and 55 n.c . (Mommsen, Rechtsfrage, p . 30), and Cicero declares that the consul has a right to approach every province (" consuies, quibus more majorum concessum est vel omnes adire provincial, Cicero, Ad Atticum, viii . 15 . 3)• Certainly in theory the provinces were still regarded as " consular," not " proconsular," and were technically, although not practically, held from the 1st of March of the consul's tenure of office at Rome (cf . Cicero, De provinciis consularibus, 15 . 37; Mommsen, Rechtsfrage, passim) . It was not until the lex Pompeia of 52 B.C . (Dio See also:Cassius xl . 56) had established a five years' See also:interval between home and foreign command that the theory of the prorogatio imperil vanished and the proconsulate became a separate office . Since the theory of the persistence of the republican constitution was of the essence of the Principate, the consuls necessarily lost little of their outward position and dignity under the rule of the Caesars . The consulship was the only office in which a See also:citizen, other than a member of the imperial See also:house, might have the princeps as a colleague, and in the interval between the See also:death or deposition of one princeps and the See also:appointment of another the consuls resumed their normal position as the heads of the state (cf . Herodian ii . 12) . As the presidents of the senate, who after A.D . 14 elected them to their office, they were the chief See also:personal representatives of those elements of See also:sovereignty that were supposed to attach to that body, and they directed that high criminal jurisdiction which the senate of this period assumed (see SENATE) . A restored power of jurisdiction is indeed one of the features of their position during this time, and it is probable that the civil appeals which came to the senate were delegated to the consuls . They also acted for a time as delegates to the princeps in matters of See also:Chancery jurisdiction such as See also:trusts and guardianship (Mommsen, Staatsrecht, ii. p . 103) . The consulship was also a preparation for certain high commands, such as the government of certain public and imperial provinces (see PROVINCE) and the praefecture of the See also:city . It was probably due to the fact that the consulship was such a See also:prize, and perhaps also to the expense imposed on the office by its association with the celebration of See also:games (Dio Cassius lvi . 46, lix . 20) that the tenure was progressively shortened . In the early principate the consuls hold office for six months, later for four to two months (Mommsen, Staatsrecht, ii. pp . 84-87) . The consuls appointed for the 1st of January were called ordinarii, the others suffecti; and the whole year was dated by the names of the former . This distinction continued in the Empire that was founded by See also:Diocletian and See also:Constantine . The ordinarii were nominated by the See also:emperor, the suffecti were nominated by the senate, and their appointment was ratified by the emperor . The consulship was still the greatest dignity which the Empire had to bestow; and the pomp and ceremony of the office increased in proportion to the decline in its actual power . The entry of the consuls on office was celebrated by a great procession, by games given to the people, by a See also:distribution of gifts, such as the See also:ivory diptychs, a See also:long series of which has been preserved . But the senate, over which they presided until the time of Justinian, was little more than the municipal coyncil of the city of Rome; and the See also:justice which they meted out had dwindled down to the formal and uncontested acts of manumission and the granting of guardians . Sometimes there was a consul of the See also:West at Rome and a consul of the See also:East at See also:Constantinople;. at other times both consuls might be found in either See also:capital . The last consul See also:born in a private station was Basilius in the East in A.D . 541 . But the emperors continued to See also:bear the title for some time longer . For the consular diptychs, cf. besides Daremberg-Saglio, l.c., See also:Gori, See also:Thesaurus velerum diptychorum (See also:Florence, 1759), and Labarte, Histoire See also:des arts industriels au moyen See also:ridge, i. p . 10 See also:foil., 190 foil . (1st ed., See also:Paris, 1864) . (A . H . J .
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