THE HISTORY OF OLD ROME

III. From the Union of Italy to the Subjugation of Carthage and the Greek States

From: The History of Rome, by Theodor Mommsen
Translated with the sanction of the author by William Purdie Dickson

Chapter I - Carthage

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Page 28

Judges

But the gerusia and the magistrates were subordinate to the corporation of the Hundred and Four (in round numbers the Hundred), or the Judges, the main bulwark of the Carthaginian oligarchy. It had no place in the original constitution of Carthage, but, like the Spartan ephorate, it originated in an aristocratic opposition to the monarchical elements of that constitution. As public offices were purchasable and the number of members forming the supreme board was small, a single Carthaginian family, eminent above all others in wealth and military renown, the clan of Mago,(8) threatened to unite in its own hands the management of the state in peace and war and the administration of justice.

8. Cf. II. IV. Etrusco-Carthaginian Maritime Supremacy

This led, nearly about the time of the decemvirs, to an alteration of the constitution and to the appointment of this new board. We know that the holding of the quaestorship gave a title to admission into the body of judges, but that the candidate had nevertheless to be elected by certain self-electing Boards of Five (Pentarchies); and that the judges, although presumably by law chosen from year to year, practically remained in office for a longer period or indeed for life, for which reason they are usually called "senators" by the Greeks and Romans.

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