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 XI - The Government and the Governed

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Page 13

Remodelling of the Constitution According to the Views of the Nobility - Inadequate Number of Magistrates

In this political position--mainly based on the senate, the equites, and the censorship--the nobility not only usurped in substance the government, but also remodelled the constitution according to their own views. It was part of their policy, with a view to keep up the appreciation of the public magistracies, to add to the number of these as little as possible, and to keep it far below what was required by the extension of territory and the increase of business.

Only the most urgent exigencies were barely met by the division of the judicial functions hitherto discharged by a single praetor between two judges --one of whom tried the lawsuits between Roman burgesses, and the other those that arose between non-burgesses or between burgess and non-burgess--in 511, and by the nomination of four auxiliary consuls for the four transmarine provinces of Sicily (527), Sardinia including Corsica (527), and Hither and Further Spain (557).

The far too summary mode of initialing processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.

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