9. II. II. Legislation of the Twelve Tables.
10. II. III. Equivalence Law and Plebiscitum.
11. The statements as to the poverty of the consulars of this period, which play so great a part in the moral anecdote-books of a later age, mainly rest on a misunderstanding on the one hand of the old frugal economy - which might very well consist with considerable prosperity - and on the other hand of the beautiful old custom of burying men who had deserved well of the state from the proceeds of penny collections - which was far from being a pauper burial. The method also of explaining surnames by etymological guess-work, which has imported so many absurdities into Roman history, has furnished its quota to this belief (
12. II. II. The Valerio-Horatian Laws.
13. II. III. Equivalence Law and Plebiscitum.
14. II. I. Restrictions on the Delegation of Powers.
15. II. III. Increasing Powers of the Burgesses.
16. Any one who compares the consular Fasti before and after 412 will have no doubt as to the existence of the above-mentioned law respecting re-election to the consulate; for, while before that year a return to office, especially after three or four years, was a common occurrence, afterwards intervals of ten years and more were as frequent. Exceptions, however, occur in very great numbers, particularly during the severe years of war 434-443. On the other hand, the principle of not allowing a plurality of offices was strictly adhered to. There is no certain instance of the combination of two of the three ordinary curule (Liv. xxxix. 39, 4) offices (the consulate, praetorship, and curule aedileship), but instances occur of other combinations, such as of the curule aedileship and the office of master of the horse (Liv. xxiii. 24, 30); of the praetorship and censorship (Fast. Cap. a. 501); of the praetorship and the dictatorship (Liv. viii. 12); of the consulate and the dictatorship (Liv. viii. 12).
17. II. I. Senate.
18. Hence despatches intended for the senate were addressed to Consuls, Praetors, Tribunes of the Plebs, and Senate (Cicero, ad Fam. xv. 2, et al.)
19. I. V. The Senate.
20. II. I. Senate.
21. II. III. Censorship.
22. This prerogative and the similar ones with reference to the equestrian and burgess- lists were perhaps not formally and legally assigned to the censors, but were always practically implied in their powers. It was the community, not the censor, that conferred burgess-rights; but the person, to whom the latter in making up the list of persons entitled to vote did not assign a place or assigned an inferior one, did not lose his burgess-right, but could not exercise the privileges of a burgess, or could only exercise them in the inferior place, till the preparation of a new list. The same was the case with the senate; the person omitted by the censor from his list ceased to attend the senate, as long as the list in question remained valid - unless the presiding magistrate should reject it and reinstate the earlier list. Evidently therefore the important question in this respect was not so much what was the legal liberty of the censors, as how far their authority availed with those magistrates who had to summon according to their lists. Hence it is easy to understand how this prerogative gradually rose in importance, and how with the increasing consolidation of the nobility such erasures assumed virtually the form of judicial decisions and were virtually respected as such. As to the adjustment of the senatorial list undoubtedly the enactment of the Ovinian
23. II. III. The Burgess-Body. Its Composition.
24. II. III. Complete Opening Up of Magistracies and Priesthoods.
25. II. III. Restrictions as to the Accumulation and the Reoccupation of Offices.
26. II. III. Partition and Weakening of Consular Powers.
CHAPTER IV
Fall of the Etruscan Power - The Celts
1. I. X. Phoenicians and Italians in Opposition to the Hellenes.
2.
3. I. X. Home of the Greek Immigrants.
