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

DICTATOR. DICTATOR. 407
catio as an infringement of the rights of liis office. and toga praetexta also belonged to the dictator.
We may therefore suppose that the Lex Valeria (Polyb. iii. 87; Dionys. x. 24; Plut. Fab. 4;
Hioratia only applied to the regular magistracies, Appian, B. 0. i. 100; Dion Cass. liv. 1.).
and that the dictatorship was regarded as exempt The preceding account of the dictatorship apfrom it. Whether however the right of provocatio plies more particularly to the dictator rei gerundae
was afterwards given, or the statement in Festus causa; but dictators were also frequently appointed,
is an error, cannot be determined. In connection especially when the consuls were absent from the
with the provocatio there arises another question city, to perform certainacts, which could not be done
respecting the relation of the dictatorship to the by any inferior magistrate. These dictators had
tribunes of the plebs. We know that the tribunes little more than the name; and as they were only
continued in office during a dictatorship; but we appointed to discharge a particular duty, they had!vAe no reason to believe that they had any con- to resign immediately that duty was performed;
trol over a dictator, or could hamper his pro- and they were not entitled to exercise the power
ceedings by their intercessio or auxiliuol, as they of their office in reference to any other matter than
could in the case of the consuls. The few in- the one for which they were nominated. The ocstances, which appear to prove the contrary, are casions on which such dictators were appointed,
to be explained in a different manner, as Becker were principally:- 1. For the purpose of holding
has shown. That the tribunes continued in office as the comnitia for the elections (comnitiorum habenindependent magistrates during a dictatorship, while dortmz cause). 2. For fixing the clavus sannelis in
all the other magistrates became simply the officers the temple of Jupiter (clavifigendi causa) in times
of the dictator, is to be explained by the fact, that of pestilence or civil discord, because the law said
the lex de dictatoee creando was passed before the that this ceremony was to be performed by the
institution of the tribuneship of the plebs, and praetor laxims,;o and after the institution of the
consequently made no mention of it, and that as a dictatorship the latter was regarded as the highest
dictator was appointed in virtue of a senatus con- magistracy in the state (Liv. vii. 3). 3. For
sultum, the senate had no power over the tribunes appointing holidays (feriarum consts2tendarumn
of the plebs, though they could suspend the other causa) on the appearance of prodigies (Liv. vii.
magistrates. 28), and for officiating at the public games (luIt has been already stated that the dictator was dorumzfiwciendorszo cause), the presidency of which
irresponsible, that is, he was not liable after his belonged to the consuls or praetors (viii. 40, ix.
abdication to be called to account for any of his 34). 4. For holding trials (quaestionbi2us exercenofficial acts. This is expressly stated by ancient dis, ix. 36). 5. And on one occasion, for filling up
writers (Zonar. vii. 13, Dionys. v. 70, vii. 56; vacancies in the senate (legendo senatui, xxiii. 22).
Pint. Fab. 3; Appian, B. C. ii. 23), and, even if it Along with the dictator there was always a
had not been stated,' it would follow from the very mcsqister equituzm, the nomination of whom was left
nature of the dictatorship. We find moreover no to the choice of the dictator, unless the senatus coninstance recorded in which a dictator after his re- sultum specified, as was sometimes the case, the name
signation was made answerable for the misuse of of the person who was to be appointed (Liv. viii.
his power, with the exception of Camillus, whose 17, xxii. 57). The magister equitum had, like the
case however was a very peculiar one. (Compare dictator, to receive the imperium by a lex curiata
Becker, RM'?iisceh. Allerth. vol. ii. part ii. p. 172.) (Liv. ix. 38). The dictator could not be without
It was in consequence of the great and irre- a magister equitum, and, consequently, if the latter
sponsible power possessed by the dictatorship, that died during the six months of the dictatorship,
we find it frequently compared with the regal another had to be nominated in his stead. The
dignity, from which it only differed in being held magister equitum was subject to the imperium of
for a limited time. (Cic. de Rep. ii. 32; Zonar. the dictator, but in the absence of his superior he
vii. 13; Dionys. v. 70, 73; Appian, B. C. i. 99; became his representative, and exercised the same
Tac. Ann. i. 1.) There were however a few powers as the dictator. On one occasion, shortly belimits to the power of the dictator. 1. The most fore legal dictators ceased to be appointed, we find
important was that which we have often men- an instance of a magister equitum being invested
tioned, that the period of his office was only six with an imperium equal to that of the dictator, so
months. 2. He had not power over the treasury, that there were then virtually two dictators, but
but could only make use of the money which was this is expressly mentioned as an anomaly, which
granted him by the senate. (Zonar. vii. 13.) 3. had never occurred before (Polyb. iii. 103, 106).
He was not allowed to leave Italy, since he might in The rank which the magister equitum held among
that case easily become dangerous to the republic the other Roman magistrates is doubtful. Nie(Dion Cass. xxxvi. 17); though the case of Ati- buhr asserts (vol. ii. p. 390) " no one ever suplius Calatinus in the first Punic war forms an posed that his office was a curule one;" and if he
exception to this rule. (Liv. Epit. 19.) 4. -He is right in supposing that the consular tribunate
was not allowed to ride on horseback at Rome, was not a curule office, his view is supported by
without previously obtaining the permission of the the account in Livy, that the imperium of the
people (Liv. xxiii. 14; Zonar. vii. 13); a re- magister equitum was not regarded as superior to
gulation apparently capricious, but perhaps that of a consular tribune (vi. 39). Cicero on the
adopted that he might not bear too great a resem- contrary places the magister equitum on a par
blance to the kings, who were accustomed to ride. with the praetor (de Leg. iii. 3); and after the
The insignia of the consuls were nearly the same establishment of the praetorship, it seems to have
as those of the kings in earlier times; and of the been considered necessary that the person who
consuls subsequently. Instead however of having was to be nominated magister equitumn should
only twelve lictors, as was the case with the con- previously have been praetor, just as the dictator,
stls, he was preceded by twenty-four bearing the according to the old law, had to be chosen from the
secures as well as the fasces. The sella cmuru!is consulars (Dion Cass. xlii,. 21). AccordinDgly, we
eD 4