MAGISTRATUS

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Among these the consuls, praetors, and dictator are distinguished from the others by the possession of the imperium (q.v.) derived from the regal power (the interrex had it for five days only); they and the censors, who, without possessing the imperium, derived their duties from the regal power, constitute the higher magistrates, magistratus maiores, while the rest are the lower, minores, with the exception of the tribunes, who have a position of their own. For those offices, which could originally be held by patricians alone, the term patrician was preserved, even after they had become accessible to the plebeians. The plebeian offices also, the tribunate and plebeian aedileship, do not designate any political contrast after plebeians and patricians had been made legally equal, although only plebeians could hold them. Another distinction is that into magistratus curules and non curules, which refers to the right of having a aella curulis (q.v.). This and the toga praetexta, a white toga edged with purple, were accorded to the higher magistrates, the aediles curules and the magister equitum. Only the magistratus cum imperio and the magister equitum were permitted to have lictors with the fasces (q.v.). All the magistrates were elected, except the dictator and the magister equitum; the magistratus maiores at the comitia centuriata, the rest at the comitia tributa. Every magistrate had the right to call the people to a contio (q.v.), to issue edicts, which had the force of laws as long as his authority (potestas) lasted, to take auspices which were binding for the district within his jurisdiction, and to exercise a limited right of punishment; the higher magistrates and the tribunes had the power, generally speaking, of convoking the comitia and the senate (cp. IMPERIUM). The power of the magistrates was limited by the senate, the intercession of the tribunes and of magitrates of equal or higher rank, the right of appeal of the citizens, and the liability to give account after retirement from office; for no charge could be brought, at any rate against the higher magistrates, as long as they held it. The following were the conditions for obtaining an office : (1) Personal application before the election, the right of rejection being in the hands of the magistrate who directed them (a consul in the case of the higher magistrates, a tribune for the plebeian, a consul-afterwards also the praetor of the city-for the rest). (2) Eligibility, dependent on membership of a citizen family, full possession of personal liberty and honorary rights (See INFAMIA), and the absence of bodily blemish (note also that patricians could not hold plebeian offices). (3) A minimum age for each office, at first according to a certain tradition, then regulated by law, so that in Cicero's time a candidate for the quaestorship had to be in his 30th year at least; in his 37th for the curule aedileship; in his 40th for the raestorship; and in his 43rd for the consulship. (4) At this time also the traditional order of the above-mentioned offices was considered law, and a man was compelled to hold the lower office before he could proceed to the higher, except that the aedileship could be neglected, (6) An interval of two years had to elapse between the aedileship, praetorship, and consulate, and of one year between the tribunate and any other office. (6) Ten years had to elapse before the same office could be held again; in this, and with regard to age, order of offices, and intervals between them, exceptions were permitted under special circumstances. The date of the elections was fixed by the senate; in Cicero's time they usually took place in July [Ad Att. i 16; Ad Fam. viii 4]. From B.C. 153 the magistrates, whose names were solemnly announced (renuntiatio) at the end of the elections, mostly entered upon' their office on January 1st. (See articles on the individual magistrates.) Just as on this occasion they swore to keep the laws, so at the end of their term of office, which was a year, except in the case of the censors, the dictator, and the magister equitum, (q.v.), they affirmed on oath before a contio, that they had done nothing contrary to the laws. The officials elected to an office vacated before the end of the year (suffecti) simply held it for the remainder of that year. The only thing that could legally compel a magistrate to resign before the end of his time was a formal error in the taking of the auspices at the elections. The magistrates received no salaries whatsoever, but they were indemnified for official expenses within the town (e.g. for the games) or without it; those officials more especially who were going to the provinces as procurators received a sufficient sum from the treasury for their equipment and the support of themselves and their suite. Under the Empire the old magistracies continued to exist, though their authority was considerably limited; cp, the several articles, and for their election, see COMITIA (end). Besides these, numerous new offices came into existence, especially the various praefecti (q.v.), some of whom received an actual salary. The magistracies were completely remodelled by Diocletian and Constantine, especially with regard to their pay; all imperial officials received salaries, while the municipal did not. Cp. the several articles mentioned in the beginning.