Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

CONSUL. CO-NSUL. -355
cients themselves were doubtful as to whether the lots. (Liv. iii. 2, viii. 16, xxxvii. 1; Cic. ad Att. is
term applied to the one who hid the fasces, or to 19; comp. Liv. xxxv. 20, xli. 8.) In the earliest
the one who had been elected first (Fest. p. 161 ); times, it seems to have been the custom for only
and there seems to be good reason for believing one of the consuls to march out at the head of the
that the word major had reference only to the age army, and for the other to remain at Rome for
of the consul, so that the elder of the two was the protection of the city, and to carry on the ad.
called consul major. (Liv. xxxvii. 47; Cic. De ministration of the civic affairs, unless, indeed,
Re Publ. ii. 31; Val. Max. iv. 1. ~ 1; Plut. wars were carried on in two different quarters
Publ. 12; Dionys. vi. 57.) Owing to the respect which rendered it necessary for both consuls to
paid to the elder, he presided at the meeting of take the field. (Dionys. vi. 24, 91; comp. Liv.
the senate which was held immediately after the iii. 4, 22, vii. 38.) Nay, we find that even when
election. (LI. ix. 8; Gellius, ii. 15.) Another Rome had to contend with one formidable enemy,
point which acted as a check upon the exercise of the two consuls marched out together (Liv. ii. 44,
the consular power, was the certainty that after iii. 8, 66, viii. 6, &c.); but the forces were equally
the expiration of their office they might be called divided between them, in such a manner that each
to account for the manner in which they had con- had the command of two legions, and had the
ducted themselves in their official capacity. Many supreme command on every alternate day. (Polyb.
cases are on record, ill which after their abdication iii. 107, 110, vi. 26; Liv. iv. 46, xxii. 27, 41,
they were accused and condemned not only for il- xxviii. 9; comp. iii. 70.)
legal or unconstitutional acts, but also for misfortunes When the Roman dominion extended beyond
in war, which were ascribed either to their care- the natural boundaries of Italy, the two consuls
lessness or want of ability. (Liv. ii. 41, 52, 54, 61, were not enough to undertake the administration
iii. 31, xxii. 40. 49, xxvi. 2, 3, xxvii. 34; Cic. of the provinces, and praetors were appointed to
De XVat. Deor. ii. 3; Val. Max. viii. 1. ~ 4.) The undertake the command in some, while the more
ever increasing arrogance and power of the tribunes important ones were reserved for the consuls.
did not stop here, and we not unfrequently find Hence a distinction was made between provinciae
that consuls, even during the time of their office, consulares and praetorice. (Liv. xli. 8.) [PRowere not only threatened with punishment and VINCIA.] It remained with the senate to deterimprisonment, but were actually subjected to mine into which provinces consuls were to be sent,
them. (Liv. iv. 26, v. 9, xlii. 21, Epit. 48, 55; and inlto which praetors, and this was done either
Cic. De Leg. iii. 9, is Vat. 9; Val. Max. ix. 5. ~ 2; before the magistrates actually entered upon their
Dion Cass. xxxvii. 50, xxxviii. 6, xxxix. 39.) office (Liv. xxi. 17), or after it, and on the proposal
Sometimes the people themselves opposed the of the consuls. (Liv. xxv. 1, xxvi. 28, xxvii. 7, &c.)
consuls in the exercise of their power. (Liv. ii. 55, Upon this, the magistrates either agreed among
59.) Lastly, the consuls were dependent upon the themselves as to which province each was to
senate. [SENATUS.] There occurred, however, undertake, or they drew lots, first, of course, the
times when the power of the consuls thus limited consuls, and after them the praetors. One of the
by republican institutions was thought inadequate laws of C. Gracchus, however, introduced the reto save the republic from perils into which she gulation, that every year the senate, previous to
was thrown by circumstances; and on such occa- the consular elections, should determine upon the
sions a senatus consultum viderent or dauent operam two consular provinces, in order to avoid partiality,
consules, ne quid sespublica detrimenti caperet, con- it being yet unknown wio were to be the consuls.
ferred upon them full dictatorial power not re- It had been customary from the earliest times for
strained either by the senate, the people, or the the consuls to enter their province in the year of
tribunes. In the early times, such senatus con- their consulship1 either at the very beginning or
sulta are rarely mentioned, as it was customary to afterwards; but in the latter period of the republic,
appoint a dictator on such emergencies; but when the ordinary practice of the consuls was to remain
the dictatorship had fallen into disuse, the senate at Rome during the year of their office, and to go
by the above mentioned formula invested the into their province ill. the year following as proconsuls, for the time, with dictatorial power. consulsf until at length in B.c. 53, a senatus con[DICTATOP-] sultum, and the year after a law of Pompey
On entering upon theit office, the consuls, and enacted that a consul or praetor should not go into
afterwards the praetors also, agreed among one any province till five years after- the expiration of
another as to the business which each had to look their office. (Dion Cass. xl. 46, 56.) When a
after, so that every one had his distinct sphere of consul was once in his province, his imperium was
action, which was termed his provincia. The or- limited to it, and to exereise thle same in any other
dinary way in which the provinces were assigned province was, at all times, considered illegal. (Liv.
to each, was by lot (sortiri provincias), unless the x. 37, xxix. 19, xxxi. 48, xliii. i.) In some few
colleagues agreed anong themselves, without any cases, this rule was overlooked for' the good of the
such means of decision (comparure inter se provin. republic. (Liv. xxvii. 43, xxix. 7.) On the other
cias, Liv. xxiv. 10, xxx. 1, xxxii. 8; Cic. ad Fam. hand, a consul was not allowed to quit his proi. 9). The decision by lot was resorted to for no vince before he had Accomphlished the purpose for
other reason than because the two consuls had which he had been sent into it, or before the arrival
equal rights, and not, as some believe, because it of his successor, unless, indeed, he obtained the
was thereby intended to leave the decision to the special permission of the senate. (Liv. xxxvii. 47.)
gods. If it was thought that one of the consuls Other functions also were sometimes divided bewas eminently qualified for a particular province, tween the consuls by lot, if they could not agree,
either on account of his experience or personal for example, which of thern was to preside at the
character, it frequently happened, that a commis- consular elections or those of the censors (Liv.
sion was given to him extra sortem or extra ordinem, xxiv. 10, xxxv. 6, 20, xxxix. 32, xli. 6), which of
i. e. by the senate and without any drawing of them was to dedicate a temple (Liv. ii. 8, 27), or
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