The office of prætor was supplementary to that of the consuls, and was at first chiefly judicial. The original prætor was called “prætor urbanus,” or president of the city courts. A second was added about the time when Sicily became subject to Rome, and a new court was erected for the decision of cases in which foreigners were concerned: hence the new magistrate was called “prætor peregrinus.” For the government of the two first provinces, Sicily and Sardinia, two more prætors were created, and when Spain was constituted as a double province, two more, so that the whole number amounted to six. In the absence of the consuls the prætors presided in the senate and at the great assembly of the centuries. They often commanded reserve armies in the field, but they were always subordinate to the consuls; and to mark this subordinate position they were allowed only six lictors, whereas each consul was attended by twelve. Of the consuls it is needless to speak in this place. Their position as the supreme executive officers of the state is sufficiently indicated in every page of the history.
To obtain any of these high offices the Roman was obliged to seek the suffrages of his fellow-citizens. They were open to the ambition of every one whose name had been entered by the censors on the register of citizens, provided he had reached the required age. No office, except the censorship, was held for a longer period than twelve months: no officer received any pay or salary for his services. To defray expenses certain allowances were made from the treasury by order of the senate. To discharge routine duties and to conduct their correspondence, each magistrate had a certain number of clerks (scribæ) who formed what we should call the civil service.
But though the highest offices seemed thus absolutely open to every candidate, they were not so in practice. About the time of the First Punic War an alteration was made which, in effect, confined the curule offices to the wealthy families. The ædiles, for the expenses of the public games, had an allowance made them from the treasury. But at the time just mentioned this allowance was withdrawn. Yet the curule ædiles were still expected to maintain the honour of Rome by costly spectacles at the great Roman games, the Megalesian festival, and others of less consequence. Thus the choice of the people was limited to those who could buy their favour.
THE ARMY
The Romans had no standing army. Every Roman citizen between the complete ages of seventeen and forty-five, possessing property worth at least four thousand pounds of copper, was placed on the military roll. From this roll four legions, two for each consul, were enlisted every year, and in cases of necessity additional legions were raised. But at the close of the year’s campaign these legionary soldiers had a right to be relieved. Nor were there any fixed officers. Each legion had six tribunes and sixty centurions; but these were chosen, like the consuls and soldiers, fresh every year. The majority of the tribunes were elected at the comitia of the tribes, and the remainder were nominated by the consuls of the year, the only limitation to such choice being that those appointed should have served in the legions at least five campaigns. The centurions were then nominated by the tribunes, subject to the approval of the consuls.
Hence it appears that the Roman system, both in army and state, was strictly republican, that is, calculated to distribute public offices to as many citizens as possible, and to prevent power being absorbed by any single man or classes of men. There were no professed statesmen or officers, but there was a large number of men who had served for a time in each capacity. There was no standing army, but there was a good militia. There was no regularly trained soldiery, but every citizen had served in his time several campaigns, and every one was something of a soldier.
But no republic, however jealous, can rigidly carry out such a system; necessity will modify it in practice. During the Samnite Wars we find the same eminent men repeatedly elected to the consulship, notwithstanding a provision that no man should hold this high office except at intervals of ten years. Valerius Corvus was chosen consul at three-and-twenty; he held the office four times in fourteen years. So also Papirius Cursor, Fabius Maximus, and others held the same sovereign office repeatedly at short intervals. In the year 326 B.C. another plan was adopted to secure permanency. From this time it became common to continue a consul or prætor in his command for several successive years, with the title of proconsul or proprætor. The proconsul also was allowed to keep part of his old army, with his tribunes and centurions. The hope of booty and the desire to serve out his campaigns (for after a certain number of campaigns served the legionary was exempt, even though he was much under forty-five years) kept many soldiers in the field; and thus the nucleus of a regular army was formed by each commander. In the Punic Wars the ten years’ law was suspended altogether, and proconsuls were ordered to remain in office for years together.[b]
No more vivid picture of the Roman army could be given than that of Polybius, who contrasts the Greek phalanx with the Roman arrangement as follows: