Senate,[1] and one of its surest modes of controlling the consuls. This de facto power was formally recognised by a law of the tribune C. Gracchus in 123 B.C., although it scarcely required legal recognition, and the purport of the lex Sempronia was to weaken the discretionary power of the Senate by enacting that the consular provinces should be fixed before the election of the consuls who were to hold them.[2] At this period the consular departments were almost invariably foreign commands; but, after the close of the social war and the reforms of Sulla, they were held by their recipients as proconsuls after their year of office at Rome had expired.
We do not know the exact tenor of the lex Cornelia de provinciis ordinandis. Sulla did nothing to infringe the military imperium of the consuls; after as before his law it was legal for them to "approach any province";[3] but he devised some means of separating home from foreign commands, which, by crystallising the established custom, restricted the consuls and praetors to the civil government of Rome and Italy, and sent them out after their year of office as proconsuls and propraetors to the provinces. The powers conferred by the military imperium[4] were thenceforth lost, and the consul at the close of the Republic had less specific functions than any magistrate; even his criminal jurisdiction had vanished before the establishment of the permanent courts. Yet still the consul, who observed constitutional forms, was the chief interpreter of the Senate's will; while one who, like Caesar in 59 B.C., violated all these forms, might exercise an almost monarchical power. The possession of the consulship was the great annual prize, contested and almost equally secured by the conservative and the reform parties from the time of the Gracchi to the close of the Republic,[5] and the competition was not wholly directed to secure the military imperium which lay beyond it. The civil office might still make
- ↑ Liv. xxi. 17 (218 B.C.) "nominatae jam antea consulibus provinciae erant; tum sortiri jussi." Cf. ib. xxviii. 38.
- ↑ Sall. Jug. 27; Cic. pro Domo 9, 24.
- ↑ Cic. ad Att. viii. 15, 3 "consules quibus more majorum concessum est vel omnes adire provincias." Lucullus went as consul to Asia in 74 B.C.
- ↑ p. 153.
- ↑ That staunch conservative Q. Catulus was wont to reflect with pleasure "non saepe unum consulem improbum, duos vero nunquam, excepto illo Cinnano tempore, fuisse" (Cic. post Red. in Sen. 4, 9). By improbi Catulus meant "radicals."
