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by pressing their measure for the opening of the consulship. It was felt that open resistance would be useless; and a device was resorted to which illustrates the Roman genius for adaptability, for dignified political chicanery, and for satisfying at the same time the demands of reason and prejudice. The immediate evil felt was the irruption of the Plebeians into supreme office; but there must have been for some time a growing sense that the executive machinery of the state was by no means equal to the demands made on it. The two consuls were at once military leaders, the sole administrators of the higher civil and criminal jurisdiction, and the sole officials entrusted with the duty of registering and distributing burdens over the citizens. Such a combination of functions could not continue to exist with the widening of Rome's political horizon, and the first attempt was now made at a division of the military, judicial, and registrative duties of the supreme magistrate.

To effect this object, and at the same time to make a concession to the Plebs, it was decided to replace the consulship by the office of military tribune with consular power (tribunus militum consulari potestate).[1] The change, permission for which may have been granted by a special lex,[2] consisted in raising some of the ordinary legionary delegates of the consul to a level with the commanding officer and suppressing the latter.[3] These extraordinary officials were elected at the comitia centuriata under the presidency of one of the chief magistrates, whether consul or consular tribune, for the time being. The normal number, six, was no doubt suggested by the six tribunes of the old legio or army. But this full number was not always appointed. The question how many military tribunes should be created for a given year depended on the exigencies of the state. Sometimes three were elected, sometimes four, at other times six, a number which seems never to have been exceeded.[4] It rested formally with the magistrate who guided the elections, practically perhaps with the Senate, to determine how many of these officers should

  1. Liv. iv. 6.
  2. ib. 35.
  3. Claudius in Tab. Lugd. "quid (commemorem) in pluris distributum consulare imperium tribunosque militum consulari imperio appellatos, qui seni et saepe octoni crearentur."
  4. Livy sometimes speaks of eight (v. 1, vi. 27); cf. Tab. Lugd. cited note 3. It is probable that this number includes the six tribunes and the two censors (Momms. Staatsr. ii. p. 184); e.g. Livy gives eight for the year 403, the Fasti Capitol. for the same year (351 A.U.C. C.I.L. i. p. 428) six and two censors.