restrained a reckless exercise of this power, and we find a senator degraded for divorcing his wife without taking advice of the family council.[1] They also punished bad husbandry, neglect of property,[2] and luxurious living,[3] and enforced good faith (fides) in the execution of informal contracts which were not yet protected by the sanctions of the civil law. This was especially the case with guardianship (tutela),[4] but their scrutiny extended to all legal relations that were held to involve bona fides, such as those of partnership, mandate, and deposit.[5]
(ii.) Disqualifications were pronounced as a consequence of certain modes of life, trades, or professions. Actors were perpetually disqualified from all civic privileges,[6] and gladiators were probably subject to a similar degradation.[7] Amongst dishonourable employments was reckoned that of a money-lender who exacted an excessive rate of interest.[8]
(iii.) Breaches of political duty in any sphere called down the censor's displeasure. The magistrate might be degraded for cruelty or insubordination in the exercise of his office,[9] for the neglect of constitutional formalities,[10] for a misuse of the auspices,[11] or even for the passing of a law likely to injure the morals of the community.[12] The judex might be punished for accepting
- ↑ Val. Max. ii. 9, 2 "M. Val. Maximus et C. Junius Brutus Bubulcus censores . . . L. Annium senatu moverunt, quod, quam virginem in matrimonium duxerat, repudiasset, nullo amicorum in consilio adhibito."
- ↑ Plin. H.N. xviii. 3, 11.
- ↑ Plut. Ti. Gracch. 14; Val. Max. ii. 9, 4. For excessive taxation imposed on articles of luxury see Liv. xxxix. 44; Plut. Cat. Maj. 18; and p. 221.
- ↑ Cf. Gell. v. 13 "M. Cato in oratione, quam dixit apud censores in Lentulum, ita scripsit: 'quod majores sanctius habuere defendi pupillos quam clientem non fallere.'"
- ↑ Greenidge Infamia in Roman Law p. 67.
- ↑ Even amateur performances might call down the nota. See Suet. Dom. 8 (Domitian) "suscepta correctione morum . . . quaestorium virum, quod gesticulandi saltandique studio teneretur, movit senatu."
- ↑ The lex Julia Municipalis excludes them, like actors, from the municipal senate; the lex Acilia repetundarum from the bench of judices.
- ↑ Suet. Aug. 39 "notavitque aliquos quod, pecunias levioribus usuris mutuati, graviori foenore collocassent."
- ↑ Plut. Cat. Maj. 17; C. Gracch. 2.
