CONSULS AND R E S P U B L I C A
The consulate was the focal point of Roman politics. Both the ruling class and the ordinary citizens fixed their gaze on the republic’s
highest office – to be sure, from different perspectives and with differing expectations. While the former aspired to the consulate as the
defining magistracy of their social status, the latter perceived it as
the embodiment of the Roman state. Holding high office was thus
not merely a political exercise. The consulate prefigured all aspects of
public life, with consuls taking care of almost every element of the
administration of the Roman state. This multifaceted character of the
consulate invites a holistic investigation. The scope of this book is
therefore not limited to political or constitutional questions. Instead,
it investigates the predominant role of the consulate in, and its impact
on, the political culture of the Roman republic.
h a n s b e c k is John MacNaughton Professor and Director of
Classical Studies in the Department of History and Classical Studies
at McGill University. His publications include Central Greece and the
Politics of Power in the Fourth Century bc () with John Buckler.
a n t o n i o d u p l á is Associate Professor in the Departamento de
Estudios Clásicos at the Universidad del Paı́s Vasco in Vitoria-Gasteiz,
where he teaches Ancient History and Classical Reception.
m a r t i n j e h n e is Professor of Ancient History in the Institut für
Geschichte at the Technische Universität Dresden.
f r anc i sc o p ina p o l o is Professor of Ancient History in the
Departamento de Ciencias de la Antigüedad at the Universidad de
Zaragoza. His publications include The Consul at Rome: The Civil
Functions of the Consuls in the Roman Republic ().
CONSULS AND RES PUBLICA
Holding High Office in the Roman Republic
edited by
HANS BECK, ANTONIO DUPL Á ,
MARTIN JEHNE
AND
FRANCISCO PINA POLO
cambridge university press
Cambridge, New York, Melbourne, Madrid, Cape Town,
Singapore, São Paulo, Delhi, Tokyo, Mexico City
Cambridge University Press
The Edinburgh Building, Cambridge cb ru, UK
Published in the United States of America by Cambridge University Press, New York
www.cambridge.org
Information on this title: www.cambridge.org/
c Cambridge University Press
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.
First published
Printed in the United Kingdom at the University Press, Cambridge
A catalogue record for this publication is available from the British Library
Library of Congress Cataloguing in Publication data
Consuls and res publica : holding high office in the Roman Republic /
edited by Hans Beck... [et al.].
p. cm.
Includes bibliographical references and index.
ISBN ----
. Consuls, Roman – History. . Political culture – Rome – History.
. Rome – History – Republic, – b.c. . Rome – Politics and
government – – b.c. . Social classes – Rome – History.
. Social status – Rome – History. . Power (Social sciences) – Rome – History.
. Rome – Social conditions – – b.c. I. Beck, Hans, – II. Title.
dg..cc
′ . – dc
isbn ---- Hardback
Cambridge University Press has no responsibility for the persistence or
accuracy of URLs for external or third-party internet websites referred to
in this publication and does not guarantee that any content on such
websites is, or will remain, accurate or appropriate.
Contents
Preface
List of contributors
page vii
ix
The republic and its highest office: some introductory
remarks on the Roman consulate
Hans Beck, Antonio Duplá, Martin Jehne and Francisco Pina Polo
part i the creation of the consulship
The magistrates of the early Roman republic
Christopher Smith
The origin of the consulship in Cassius Dio’s
Roman History
Gianpaolo Urso
The development of the praetorship in the
third century bc
Alexander Bergk
part ii powers and functions of the consulship
Consular power and the Roman constitution: the case of
imperium reconsidered
Hans Beck
Consuls as curatores pacis deorum
Francisco Pina Polo
The Feriae Latinae as religious legitimation of the
consuls’ imperium
Francisco Marco Simón
v
Contents
vi
War, wealth and consuls
Nathan Rosenstein
part iii symbols, models, self-representation
The Roman republic as theatre of power: the consuls as
leading actors
Karl-Joachim Hölkeskamp
The consul(ar) as exemplum: Fabius Cunctator’s
paradoxical glory
Matthew B. Roller
The rise of the consular as a social type in the third and
second centuries bc
Martin Jehne
Privata hospitia, beneficia publica? Consul(ar)s, local elite
and Roman rule in Italy
Michael P. Fronda
part iv ideology, confrontation and the end of
the republican consulship
Consular appeals to the army in and : the locus of
legitimacy in late-republican Rome
Robert Morstein-Marx
Consules populares
Antonio Duplá
The consulship of bc. Catulus versus Lepidus: an
optimates versus populares affair
Valentina Arena
Consulship and consuls under Augustus
Frédéric Hurlet
Bibliography
Index of persons
Subject index
Preface
This volume is primarily the result of the work carried out by an international research network, which was established in with the main
purpose of studying the consulship in the Roman republic. The editors
formed the core group of this network: Hans Beck (Montreal, Canada),
Antonio Duplá (Vitoria, Spain), Martin Jehne (Dresden, Germany) and
Francisco Pina Polo (Zaragoza, Spain), the last acting as Principal Investigator. The core group met on various occasions in Spain, and a large
international conference was held at the University of Zaragoza in September , where most of the papers presented in this book were delivered.
These papers were significantly revised for publication. Other contributions were added as this volume took shape, to fill in the most significant
gaps. The result is by no means a comprehensive study of the consulship,
let alone a complete one. Rather, we look at the present volume as a contribution to an ongoing debate on Roman republican politics. That debate is
more vibrant than ever. Branching out into the realms of other societies in
the ancient Mediterranean, we feel that its applied models, concepts and
thought paradigms are also relevant to the general discussion of elite power
in antiquity.
We are grateful to the Ministerio de Ciencia y Educación of Spain for
its sponsorship of two consecutive funding cycles of “Consuls, Consulars
and the Government of the Roman Republic” (HUM– and
HUM–/HIST), which was vital to the work of our team. When
the volume entered the publishing pipeline, Margherita Devine and Brahm
Kleinman helped with the challenge of editing the work of scholars from
so many different linguistic backgrounds and academic cultures. Special
thanks go to them, as to Fabian Knopf, who took on the laborious task of
compiling the index of persons. As so often, the editorial work took longer
than anticipated, and the editors would like to thank the contributors not
vii
viii
Preface
only for their willingness to participate, but also for their patience. Finally,
we are grateful to Michael Sharp, Commissioning Editor for Classics at
Cambridge University Press, for his support and guidance in bringing this
publication to light.
Contributors
valentina arena, Lecturer in Roman History, Department of History,
University College London
hans beck, John MacNaughton Chair of Classics, Department of History
and Classical Studies, McGill University
alexander bergk, Philosophische Fakultät, Technische Universität
Dresden
antonio duplá, Associate Professor, Departamento de Estudios
Clásicos, Universidad del Paı́s Vasco
michael p. fronda, Assistant Professor, Department of History and
Classical Studies, McGill University
karl-joachim h ölkeskamp, Professor of Ancient History, Historisches
Institut, Universität Köln
frédéric hurlet, Professor of Roman History, Département d’Histoire,
Université de Nantes
martin jehne, Professor of Ancient History, Institut für Geschichte,
Technische Universität Dresden
francisco marco sim ón, Professor of Ancient History, Departamento
de Ciencias de la Antigüedad, Universidad de Zaragoza
robert morstein-marx, Professor and Chair, Department of Classics,
University of California, Santa Barbara
francisco pina polo, Professor of Ancient History, Departamento de
Ciencias de la Antigüedad, Universidad de Zaragoza
matthew b. roller, Professor, Department of Classics, Johns Hopkins
University
ix
x
List of contributors
nathan rosenstein, Professor of Ancient History, Department of
History, Ohio State University
christopher smith, Professor of Ancient History, School of Classics,
University of St Andrews, Director of the British School at Rome
gianpaolo urso, Università Cattolica del Sacro Cuore Milano
The republic and its highest office:
some introductory remarks on
the Roman consulate
Hans Beck, Antonio Duplá, Martin Jehne
and Francisco Pina Polo
The consulship of the Roman republic is notoriously under-researched.
To be sure, the republican “constitution,” and with it the consulate, have
been addressed to a certain extent. Examples in English include Andrew
Lintott’s The Constitution of the Roman Republic and T. Corey Brennan’s
and John North’s more recent syntheses. In some sense, these studies
provide a comprehensive summary of a long series of scholarly contributions on the republic’s institutional apparatus, starting with Theodor
Mommsen’s contribution and explored further in the works of Ettore de
Ruggiero, Francesco de Martino, Jochen Bleicken, Wolfgang Kunkel and
Roland Wittmann. This scholarship deals with the Roman “constitution” in general terms, and all of these essays focus, more or less, on the
supreme magistracy in the republic. Furthermore, the consulship has been
studied in research on Roman chronology and on the Roman nobility.
Republican prosopography is roughly based on the Fasti Consulares as a
starting point. In fact, without Broughton’s monumental work it would
be practically impossible to tackle any study on the republican period.
And, of course, the groundbreaking work of Adalberto Giovannini must
be mentioned. Giovannini succeeded in proving the non-existence of the
assumed lex Cornelia de provinciis ordinandis, prompted by Mommsen, and
Lintott b; Brennan ; North .
Mommsen –; de Ruggiero , –; de Martino –; Bleicken ; Kunkel &
Wittmann .
Cf. for instance Hölkeskamp ; Feig Vishnia ; Beck .
Drummond ; Pinsent ; Mora .
Broughton –. The work of Lippold has a more limited purpose, since he analyzes the
political role of the consuls in the period between the years and , as does the work of Badian
b. Badian studies the prosopography of the consuls between the passing of the lex Villia and
the beginning of the civil war, focusing on descent to analyze the importance of noble status for the
recruitment of consuls.
h. beck, a. duplá, m. jehne, f. pina polo
specified the characteristics of the consular imperium. However, there is
no book-length treatment of the office and its competences, or of the tasks
performed by the consuls and their role in the government of Rome during
the republic. The situation is somewhat different in other areas of constitutional research. The senate, the popular assemblies, the aedileship,
the tribunate of the plebs, the censorship, the dictatorship and most
recently the praetorship have all received in-depth treatment and works
of analysis that were at times truly magisterial. In other words, virtually all
republican institutions have, at some point, been the subject of extensive,
although not completely updated, research. To date, the consulship is the
only institution that has not received this attention.
This is astonishing, at best. The situation cannot be explained by the
hazards of scholarship alone. Rather, the consulship is a nebulous office,
which makes it an elusive subject of research from a constitutional point of
view. While the tribunate of the plebs and the praetorship have fairly clearcut responsibilities and spheres of authority, the consulship has only an aura
of general leadership with rather blurred limits of competence. Consuls are
allowed to take care of nearly everything in the administration of the res
publica, but often their surveillance remains more or less an abstraction
without much significance in everyday business. To understand Roman
consuls better it is therefore necessary to determine not so much what they
were allowed to do according to constitutional theory, but what they did
in political practice. Or to rephrase it in a more programmatic way: the
analysis of the consulship is better suited to cultural history and historical
anthropology than the classical “Staatsrecht.” And there is much to do in
this approach.
It is precisely the study of the consulship that is the main objective of
the research team formed a few years ago by the authors of this introduction. The research work has been carried out under the sponsorship of the Ministerio de Ciencia y Educación of Spain, which funded
a project entitled “Consuls, Consulars and the Government of the Roman
Giovannini . The maintenance of the imperium militiae by the consuls during their consular
year after Sulla had already been pointed out by Balsdon and by Valgiglio , esp.–.
Girardet , esp.– = Girardet .
Bonnefond-Coudry ; Ryan .
Botsford ; Taylor ; Develin b; Farrell ; Yakobson ; Pina Polo , ; Laser
; Millar ; Sandberg ; Morstein-Marx .
Bleicken ; Lobrano ; Sancho ; Thommen .
Sabbatucci .
Suolahti ; Pieri . Cf. also the papers of Astin ; Astin .
Brennan .
Bandel ; Hartfield ; Hurlet .
The republic and its highest office
Republic” (HUM– and HUM–/HIST). In this
context, an international conference was held at the University of Zaragoza
in September where most of the papers that make up this volume
were presented.
In the traditional account, the consuls are the regular supreme magistrates
of the Roman “constitution” and their image is linked to the politicalmilitary management of the state from the very beginning. During the
conquest of Italy and, later on, the Mediterranean, their military dimension
as commanders of the army became particularly relevant. Finally, during
the late republic, their political dimension is highlighted once again in the
persistence of their office in the troubled times of the last century of the
republic. But the republic’s highest office, like the Roman “constitution”
itself, should be regarded as a “work in progress,” and it cannot be analyzed
without taking into account the changing historical circumstances of the
five centuries of republican history. Roman tradition itself, as opposed to
other historical sources, highlighted the fact that the system developed with
the contributions of many generations, and not as a result of the work of
one particular legislator at a given time. The consulship is, in that sense,
a splendid example of the elements of continuity and change that co-exist
in the “constitution” of the Roman republic.
On the one hand, the picture, firmly anchored in Roman imagery, of
the consuls as the immediate substitutes for the king in the change from
monarchy into republic is a reflection of that continuity. The so-called lex
curiata de imperio may well be another example of this, if the provision
indeed was a genuine archaic relic that became, and continued to be, an
imperative for superior magistrates, although it was reduced to a ritual
formality later on. On the other hand, the various changes that affect
the powers of the consuls with regards to newly created magistracies, or
questions such as the date they took office or, something more essential,
the transformations of the imperium, indicate a dramatic development and
adaptation to the changing needs of each particular time. Consequently,
the development of the consulship is an indication of the flexibility and
creativity of Rome’s ruling class in the republican period.
According to Roman traditions, Livy’s narrative and his predecessors
in particular, two consuls, acting as equal partners in power, replaced the
As the main result of the research project, the coordinator of the team, Francisco Pina Polo, has
published a monograph entitled The Consul at Rome: The Civil Functions of the Consuls in the Roman
republic (Cambridge, ).
h. beck, a. duplá, m. jehne, f. pina polo
king as superior magistrates in bc. However, Livy himself and later
authors, such as Festus, also refer to a praetor maximus, which has led some
to think of a principal magistrate at the head of the newly born republic.
Reports regarding the praetor maximus and the annual fixing of the nail on
the Capitoline temple would support that interpretation. Moreover, the
traditional account of the establishment of a new regime is embellished
with a series of historical-literary items that render it highly implausible.
The stories of Lucretia, the first consuls Brutus and Tarquinius Collatinus,
the Etruscan King Porsenna, the expulsion of the relatives of the gens
of the king, including Collatinus, the conspiracy of Brutus’ sons in favor
of the restoration of the monarchy and their subsequent execution, as well
as other similar events, all suggest tenuous historicity.
The complexity of the many problems deriving from the reconstruction
of the beginnings and of the first century and a half of the republic is enormous. There are debates over the names of the first magistrates, whether or
not they had dual character, why tribuni militum consulare potestate existed,
and whether the Fasti are relatively historical or totally false. The possibility
of a historical reconstruction of that period is discussed, considered in the
sources by both believers and non-believers. Without getting bogged down
by specific problems, which are out of place in this short description of the
history of the consulship, we can establish certain starting points.
After the rejection of the monarchy-tyranny, it is logical to suppose
that an absolute ruler was replaced by a series of magistrates, of variable
number, to ensure a better distribution of power. In an open city-state,
like Rome by the end of the sixth century bc, after an oligarchic coup
d’état against a monarch-tyrant, it is reasonable to argue for a joint and
temporary exercise of power by the leaders of the most important clans,
who were endorsed by their election-ratification at the assemblies. These
superior magistrates could be elected by the comitia centuriata, originally
the people in arms, to hold the office for a limited period of time: one year.
The joint and temporary nature of the post seems to be the coherent result
of a new distribution of power among aristocratic families. In fact, joint
magistracies, in variable number and with limited duration of office, are
recurrent in the tradition of the fifth century bc (decemviri, tribuni plebis,
tribuni militum consulare potestate).
The essential element of superior magistrates is the imperium, a civil
and military authority, of sacred nature, exercised domi and militiae. This
imperium is complemented by a series of external signs of power: twelve
lictors with fasces and secures, sella curulis, toga praetexta. They take turns
Livy ...
The republic and its highest office
carrying the fasces to emphasize the joint nature of their power. Regardless
of the debated historicity of the first leges Valeriae de provocatione, it is
probable that there was, from a very early stage, some sort of right of appeal
of the people against the possible arbitrariness of superior magistrates;
thus the balance between imperium and provocatio is one of the defining
characteristics of Rome’s political system. The intercessio from a colleague
or a tribune of the plebs was another mechanism to assure some balance of
power, aimed at preventing abuses and favoring reaching consensus.
Rome’s constitutional structure, certainly quite peculiar, is also well
defined from the beginning in the account that sources give of the origin of
the republic. A rigorous analysis of the information provided by historians
and antiquarians raises many questions that cannot be answered clearly.
Nonetheless, without denying those difficulties, we can outline a historical
reconstruction from the retrievable elements in those sources. For example,
even if we accept the possible existence of eponymous magistrates from the
start, it implies the existence of lists of magistrates from a very early stage,
which in turn supports the plausibility of the Fasti.
Indeed, it is undeniable that only after the enactment of the LicinianSextian laws (/ bc) do we have more detailed and reliable information
about the consulship. The various theories about consuls or praetor maximus and other praetores, or magister populi–magister equitum, about the
tribuni militum consulare potestate, give way to greater certainties. From that
moment on, we have definite knowledge of a double magistracy, linked
to the patrician–plebeian conflict and the plebeian demand for political
parity. Fabius Pictor already pointed out the importance of this milestone
in the history of the Roman constitution. After /, and for over a century, there were to be three superior magistrates cum imperio, with closely
linked powers. It is possible that the so-called lex Licinia Sextia de consule
plebeio enabled the election of a plebeian consul and that later on (lex
Genucia, in bc), this election was made compulsory. The formation of
a new patrician-plebeian ruling class, the nobilitas, was to be, from then on,
closely linked to the exercise of the consulship, maximus honos, as the clearest expression of their prominence and control over the political system.
From the second half of the fourth century bc, once the direct patrician–
plebeian confrontation was over and as the integration of the plebeian elite
within the new Roman aristocracy was in progress, the central feature
of the history of Rome is external expansion. The conquest of Italy first
and later on of the Mediterranean is characteristic of this middle period
of the republic, from the final few decades of the fourth century to the
final decades of the second century bc. This almost uninterrupted series
of military campaigns, increasingly more distant and longer-lasting, was to
h. beck, a. duplá, m. jehne, f. pina polo
be the background for the leading role of consuls as generals of the Roman
legions.
Military needs and the growing complexity of the Roman state brought
about a series of important changes in the Roman “constitution” that
affected the consulship. Its status as a supreme regular magistracy never
wavered but some aspects, in particular regarding the imperium, did
undergo some changes. In this period, almost all the consuls went to
the provinces that had been allotted to them, either in Italy or beyond,
after remaining in Rome just a few weeks, or at most, two or three months
at the beginning of the consular year. As opposed to the more common
practice in the late republic, very few remained in Rome year-round. These
consules-imperatores were famous for their military deeds and became the
essential core of the res gestae of the nobilitas, the backbone of Rome’s
historical narrative.
As previously mentioned, the new military demands resulted in a series of
innovations in the exercise of the magistracy of the consulship. Probably the
most remarkable instance was the prorogatio imperii, which entitled an exmagistrate to hold imperium and, consequently, to continue in command
of the army beyond the annual term of his office. The first instance is
attributed to Q. Publilius Philo, cos. and promagistrate pro consule the
following year, within the context of the Samnite Wars. From the second
half of the third century bc onwards, that prorogatio is increasingly more
frequent. As indicated in this volume, during the Hannibalic War we know
of about eight extensions of the imperium each year, simply by means of a
decree of the senate.
The dates of the elections and of the assumption of office are also
modified. In the more ancient period, the election was held upon
the consuls’ return from military campaigns or before their term of office
expired; with Sulla, the elections were called in the summer. The date the
consuls took office was March between the years and bc. From
the year onwards, the appointed date was January , thus allowing
a longer period to deal with political duties in Rome and with military
reparations and requirements outside Rome.
The gradual creation of new magistracies also had an historical effect on
the powers of the consulship. The censorship was created in the fifth century
bc, by means of the Licinian-Sextian laws, the praetorship in the fourth century bc, and the second praetorship in the middle of the third century bc.
It was probably at this point that the cursus honorum was established as a
more or less strict sequence in the exercise of the various magistracies. The
cursus became definitively established with the lex Villia annalis of bc.
The consulship was the highest executive rank, the supreme military
The republic and its highest office
command and therefore the major source of prestige. The increase in the
number of praetors did nothing but reinforce the prominent status of the
consulship. This pre-eminence is evident in the res publica through their
leading role in politics and in diplomatic, military and religious matters.
Polybius, in his reconstruction of the Roman “constitution,” says that
the consuls, in their powers and leading roles, are similar to kings. However,
Polybius himself at the same time acknowledges the absolutely central role
of the senate; the balance of power between magistrates, in particular the
consuls and the senate, is the key element in the stability and achievements
of the Roman system in the third and second centuries bc. The break of
that cohesion was a key factor in the unleashing and development of the
late-republican crisis.
In the late republic, there were again changes in the sphere of power of
the consuls and in their political role. We must look at, on the one hand,
the appearance of the so-called extraordinary commands, and on the other
hand, what Millar described as the “politicization” of the consulship.
Through the commands of proconsuls and propraetors, the imperium
had become fragmented and separated from the exercise of the annual
magistracies. At this moment, with the imperium maius granted to Pompey in the years and , a new modification was introduced and along
with it a precedent of immeasurable consequence was set. Socio-political
and military-specific needs caused the introduction of constitutional innovations that affected the traditional hierarchy and distribution of power.
A potential source of conflict between the various holders of imperium
emerged, which contributed to the destabilization of the traditional Roman
“constitution.” The leading role of the popular assemblies in the granting of these extraordinary commands did nothing but exacerbate the
problem.
In an increasingly conflict-ridden context from the last third of the
second century onwards, another change took place regarding the direct
political leadership of the consuls in the Urbs. Whereas in the second century the consulares had been particularly active in Rome’s regular political
life, in the first century the consuls themselves took on a central political
role.
After Sulla, the consuls gradually left the city more frequently at the
end of the year, after remaining in Rome for about ten months, or even
remained in the Urbs their whole year of office. This practice was attributed
by modern historiography, endorsed by the authority of Mommsen’s interpretation, to a supposed lex Cornelia de provinciis ordinandis. A series of
scholars, in particular Giovannini, have demonstrated the non-existence of
that law. Once we accept the absence of any laws in this regard, we must,
h. beck, a. duplá, m. jehne, f. pina polo
however, question what the reason was for this change in the patterns of
behavior of the consuls. The consuls’ growing participation in the politics of Rome can be observed in the contiones, and in the presentation of
rogationes, in the debates of the senate. It could be asserted that this new
and active leading role brought them closer to the tribunes of the plebs in
their political leadership in the city. This change fits well within the overall
contents of the Sullan reform, in that it limited the leadership of tribunes
in the political arena. Nevertheless, whatever the cause, this was another
substantial change in the traditional distribution of political roles in the
“constitution” of the Roman republic.
Apart from the two main events mentioned above, that is, the extraordinary commands and the politicization, the particularly troubled circumstances of the last republican century also affected the exercise of the consulship at different stages. For example, despite the prohibition of iteration,
probably set forth in the second century, we find the successive consulships
of Marius, Cinna or Carbo, although all of them were certainly exceptional
cases. Besides this, different measures were proposed for a better regulation of the exercise of the higher magistracies, such as a possible Sullan
law on the minimum age for the magistracies. The management of the
empire became one of Rome’s main problems and we know of several laws
regarding the government of the provinces that directly affected consuls
and consulars; for instance, the Gracchan law on the allocation of provinces
before the consuls take office, the lex Iulia repetundarum of or the lex
Pompeia de provinciis of , which set forth a lapse of five years between
the magistracies and the government of a province.
Leaving aside all the changes, modifications or new regulations of their
spheres of control and competences, the consulship always remained the
ultimate ambition for any nobilis. Becoming a consul determined one’s
place in the hierarchy of the ruling class. Its joint nature was the permanent expression of the aristocratic concern to prevent an individual from
amassing excessive power through higher magistracies. Pompey’s consulship
sine collega in , for a short period of time, is an extraordinary occurrence
and the fact that it was an exception, and not a regular practice, confirms
a soundly established rule.
The relevance of the consulship, from the point of view of the senatorial
aristocracy, was also confirmed at various critical instances that reoccur in
the last century of the republic. In those circumstances, when the senate
resorts to the so-called senatus consultum ultimum, the consuls are mentioned in the first place in this senatorial appeal, to stress their prominence
and responsibility in the restoration of order and normality in the res
publica.
The republic and its highest office
With the advent of the principate a profound change in the nature of the
consular imperium took place. The magistracy remained as the culmination
of the cursus but there was a substantial alteration in its nature, parallel to the
gradual concentration of actual power in the hands of Octavian-Augustus.
Then the “demilitarization of the consulship” occurred. However, the political system was then different from the republic, and the res publica was
shadowed by the princeps.
Up until that moment and throughout five centuries, at least as it is
recorded by the Roman sources, the consuls had been not only the supreme
magistrates but the very personification of the republic itself.
The main purpose of this book is to begin to fill the gap in scholarship
on the consulship by studying the Roman republic. The approach is by
no means limited to “constitutional” questions. Instead, the predominant
role of the consulship in, as well as its impact on, the political culture of
the republic is investigated. As the highest magistracy of the res publica,
the consulate was the focal point of Roman political life. Both the ruling
class and the citizens of the lower social stratum fixed their gazes on the
maximus honos – to be sure, from different perspectives and with differing
expectations. While the former aspired to the consulate as the defining
office of their social rank, the latter perceived it as the embodiment of the
Roman state. Thus the consulship was not merely a political office, but
rather prefigured all aspects of public life. The multifaceted character of the
consulate invites a full-fledged investigation, and the book explores these
various facets with contributions touching on the political, social, cultural,
religious and also economic implications of holding the highest office. It
covers the entire period of the Roman republic, from its beginnings in the
fifth century until the reign of Augustus.
The fifteen chapters are arranged both in a diachronic order and clustered around broader themes. The first section deals with the much-debated
question of the origin of consulship as the supreme magistracy in the
Roman republic. The problem, as is well known, rests on chronologically
establishing the beginning of consulship, whether it existed since the end
of the monarchy or was the result of a process in which other magistracies in charge of the civitas could have existed previously. Ultimately, the
main difficulty lies in whether or not to accept the ancient sources, which
unanimously refer to the existence of the consulship from the year ,
and in particular the reliability of the list of consuls known through the
Fasti Capitolini.
Three chapters refer to these problems and make up the first part of the
book. Christopher Smith (“The magistrates of the early Roman republic”)
h. beck, a. duplá, m. jehne, f. pina polo
leans toward granting credibility to the list of ancient magistrates. While
he is skeptical about the fact that some ancient historians may have simply
invented magistrates for the initial part of the republic, in his opinion,
historians and antiquarians worked simultaneously using the same lists of
magistrates and the same evidence, trying to produce a coherent discourse
regarding a process of creation of the republican institutions that Romans
knew were the result of the work of various generations and not of one single
legislator. Gianpaolo Urso (“The origin of the consulship in Cassius Dio’s
Roman History”) defends the credibility of Cassius Dio as a source for the
early republic. The Greek author was following a source that acknowledges
an original unequal collegiality among the chief Roman magistrates. His
account indicates that the consulship resulted from an evolutionary process
in the first half of the fifth century, as multiple praetors possessing unequal
power were finally replaced by two consuls enjoying equal power during
the decemvirate of –. Finally, Alexander Bergk (“The development
of the praetorship in the third century bc”) rejects the idea that the praetor
had a minor position in relation to the consuls in the fourth and earlier
third century bc. On the contrary, the three chief magistracies created in
the year , two consuls and one praetor, were colleagues. When wars
took place increasingly far away from Rome, the permanent presence of
at least one magistrate with imperium in Rome was required. The praetor
then lost his military function and the city of Rome was his usual field of
action. Only then did the hierarchy of consuls and praetors emerge, and
the cursus honorum was born.
From the time of their creation, the consuls were the chief magistrates
of the Roman state and always acted in close collaboration with the senate.
The consulship’s imperium determined the consuls’ powers and gave the
office numerous functions, in both the military and the civil domains.
In his analysis of the Roman republican institutions, Polybius describes
consuls, above all, as the supreme commanders of the Roman army, and as
such he claims they had absolute power on the battlefield. Between the
fourth and second centuries, the consuls were indeed mainly imperatores,
and as such they left Rome year after year to go to their provinciae, where
they commanded the legions they had previously recruited. In that period
the consuls were the main persons in charge of Roman expansion, first in
Italy, and later throughout the Mediterranean. Yet, as Polybius also says,
the consuls carried out a great number of civil tasks, mainly, but not only,
during their stay in Rome at the beginning of the consular year after taking
Polyb. ..
The republic and its highest office
office, a stay that could last a few weeks or months depending on the
changing circumstances of internal and external politics. The consuls were
the head of Roman diplomacy and as such they had to receive foreign
embassies in the Urbs and introduce them, if necessary, in the senate;
they had legislative initiative, although the number of consular laws passed
during the middle republic was relatively small and unquestionably smaller
than that of tribunician laws; on occasion, the consuls were commissioned
by the senate to conduct extraordinary investigations; the consuls were
responsible for and promoted many public works, such as a large number of
the temples erected in Rome between the fourth and second centuries, and
many roads built in Italy during that period; the consuls were responsible
for appointing a dictator; and finally, they presided over the elections,
which in the pre-Sullan period were held at the end of the consular year.
The second part of the book deals with the powers consuls had and
the functions they carried out. Hans Beck (“Consular power and the
Roman constitution: the case of imperium reconsidered”) deals with
the term imperium, the keystone of Roman constitutional hierarchies.
He starts from the observation that imperium gave a spatial distinction
to the spheres where it was exercised. This process was related to various
changes: the development of the magistracies, in both numbers and competences; the growing use of extraordinary commands, which also contributed
to the inherent tensions in the relations between imperium holders; and
finally, as the republic expanded from city-state to Mediterranean empire,
the changing perceptions of the space itself in which imperium was exercised. In examining these changes from a diachronic perspective, Beck’s
chapter reveals Roman perceptions of space, political power and the nature
of imperium.
Francisco Pina Polo and Francisco Marco Simón offer a complementary
perspective concerning the religious duties and tasks performed by the
consuls. As Pina Polo emphasizes (“Consuls as curatores pacis deorum”),
religious tasks were integral to the consuls’ power, as well as the Roman
civitas: such tasks included religious ceremonies conducted in the civic
realm, namely public vows, the expiation of prodigies, and the appointment
of the date for the celebration of the Feriae Latinae, as well as presidency
over the festival at the Mons Albanus, presidency over the public games,
and especially responsibility for the proper performance of a ver sacrum.
Such tasks were obviously of a religious nature, but they should also be
considered as political functions, because consuls, as supreme magistrates,
acted on behalf of the state with the ultimate purpose of preserving the res
publica, thus adopting the role of curatores of the pax deorum. Marco Simón
h. beck, a. duplá, m. jehne, f. pina polo
(“The Feriae Latinae as religious legitimation of the consuls’ imperium”)
stresses the dual importance of the Feriae Latinae, a ceremony that was held
for over a thousand years. This ritual, celebrated on the Mons Albanus, a
space of augural nature, expressed the differentiated identity of Rome and
its supremacy within the Latin league; additionally, compulsory attendance
at the annual ceremonies, where the consul acted as high priest of the city,
worked to legitimize consular authority.
This part ends with the chapter by Nathan Rosenstein “War, wealth and
consuls,” which analyzes the close relation between the role of the consuls
as imperatores and the supply of funds to the aerarium due to the wars of
expansion directed by them. Rosenstein starts from the difference between
praeda and manubiae and goes on to propose a series of questions on the
extent to which the spoils generated by consular victories were a boost to
Rome’s public economy, fueled her military expansion by funding future
wars and could be a source of personal wealth for consuls.
As supreme magistrates of the civitas the consuls were at the core of the
political scene. They were the top executors of the orders of the senate
and the leaders of Rome’s government. At the same time, as supreme
commanders of the army, both Rome’s survival and her capacity to expand
rested in their hands. Thus, the consuls were the primary, visible authority
in Roman society during their term of office, but their reputation went
beyond the magistracy itself and automatically turned the ex-consuls, the
consulares, into individuals whose auctoritas granted them influence in
the senate and in society as a whole. The consuls represented Rome before
the rest of the world and they had to be role models for their fellow
citizens. On the other hand, the Italian aristocracies created a vast network
of friendships and personal relations between cities. Roman aristocracy was
obviously aware of this behavior. It was important for them to promote
these relations with Italian notables as much as possible, as it was convenient
for the latter to have connections with the families who had decisionmaking capacity in Rome. In this context, the reputation of the consuls
and the consulars no doubt served to attract the attention of many Italian
aristocrats willing to maintain ties with them and their families. These
questions are dealt with in the third section of contributions.
The paper by Karl-Joachim Hölkeskamp (“The Roman republic as theatre of power: the consuls as leading actors”) presents the consuls as leaders
in the republican “theatre of power,” and explores the symbolic role of the
consulship within Roman society. Consuls personified institutionalized
power through their protagonistic participation in civic rituals and public
spectacles, for instance in the different political and social processions that
The republic and its highest office
took place in Rome throughout the year, namely the inauguration ritual
at the beginning of the consular year and the procession on the day of
consuls’ departure to their provinces.
Good and bad exempla were decisive in the creation of the collective memory of the Roman citizens and its historiographical reflection.
Matthew B. Roller (“The consul(ar) as exemplum: Fabius Cunctator’s paradoxical glory”) emphasizes how consuls were the figures most likely to be
presented as exempla in the Roman tradition, since they were the chief
magistrates, supreme military commanders, and, consequently, the most
visible members of the Roman aristocracy, at least during their year in
office. Roller specifically analyzes the tradition around Q. Fabius Cunctator, elevated to a model to later generations of Romans for preserving
Rome with his delaying tactics during the Hannibalic War.
Martin Jehne’s paper (“The rise of the consular as a social type in the
third and second centuries bc”) deals with the political role played by the
consulares. The rank of consulares at the top of the senate seems to have
been established only in the late third or early second century. From that
point on, the military career of a Roman senator usually culminated in
the consulship, with rare exceptions such as Marius, so consulares were free
to care for the res publica in the Urbs as senators. Thus, senatorial activity
compensated for the loss of army commands, while the individual influence
of consulares depended on the senate’s influence as an institution and on
the regular opportunity to decide on the significant problems facing the
community. The new position of the consulares in Roman politics explains
how some sort of common and stable foreign policy was achieved, despite
the frequent changing of generals each seeking spectacular military action.
Current scholarship revisits the relationship between Rome and the
allied communities in Italy, questioning the Mommsenian teleology that
it was Italy’s destiny to become a part of the greater Rome. In his paper,
Michael P. Fronda (“Privata hospitia, beneficia publica? Consul(ar)s, local
elite and Roman rule in Italy”) modifies the old view (cf., for instance,
Münzer) that wealthy families throughout Italy came to Rome and bound
themselves to great patrician clans through marriage and other alliances, in
order to gain political and social influence in the Urbs. Fronda approaches
Roman–Italian aristocratic relations from a different perspective, focusing
not on how Italian elites sought to integrate themselves into the Roman
political system, but rather on how their local status was confirmed by
private and public associations with Roman aristocrats.
During the first century bc, the main change in the consulship as a
magistracy was the fact that the consuls remained in Rome much longer
h. beck, a. duplá, m. jehne, f. pina polo
than in the previous centuries. Those who left for their provinces while
being consuls always did so, except in extraordinary cases, very late in
the year. Many others, such as Pompey in the year , Cicero in and
Caesar in , remained in the city throughout their term of office as
consuls. Some of them even expressly renounced their consular provinces,
as was the case of Cicero. This substantially changed the operations of the
consulship. Whereas up until then the consuls had dedicated most of their
time to military duties, their presence in Rome now made them much
more actively involved in everyday politics. The consuls constantly took
part in debates in the senate or before the people, and they had to openly
state their opinion on topical questions. They were, in short, politicians.
The last part of the book deals with the participation of the consuls in
the political confrontations of the late republican period, emphasizing the
possible support for the two ideological trends defined by Cicero as that of
the optimates and that of the populares.
Starting from Sulla’s appeal to his army in and Cinna’s similar action
in , Robert Morstein-Marx (“Consular appeals to the army in and :
the locus of legitimacy in late-republican Rome”) promotes the thesis that
political legitimacy in late-republican Rome had no single institutional
source. In the cases of the consuls Sulla in and Cinna in the character
and role of the consulship were a central issue in the civil conflicts of
those years. Both episodes show the reverence of Roman citizens, and
perhaps especially soldiers, for the consul and the consulship, and help
us to understand the meaning of the consulship in republican political
culture.
In Cicero’s matrix of politics, politicians of the late Roman republic could
be characterized as either populares or optimates, and the significance of these
terms in relation to the consulship is examined in the papers of Antonio
Duplá (“Consules populares”) and Valentina Arena (“The consulship of
bc. Catulus versus Lepidus: an optimates versus populares affair”). The first
collects and analyzes the sources on consules populares in order to understand
the different historical circumstances and source traditions concerning the
definition of the word popularis as applied to consuls all through the Roman
republic. In particular Duplá focuses on some late-republican consuls.
The political and socio-economic measures undertaken by the so-called
consules populares (agrarian laws, laws concerning new colonies, or the full
restoration of the tribunician potestas) also offer new insights into the failure
of the social and political consensus of the last republican century in Rome.
The existence of consuls who can be related more or less directly to the
populares would have widened the divisions within the ruling class.
The republic and its highest office
Arena argues that there was not just one idea of optimates in the republic,
but rather multiple concepts were in circulation. Some of these concepts
were based on conscious re-elaborations on the part of individual thinkers
(such as Cicero, in the pro Sestio), some on the absorption of Greek political
and ethical philosophy, and some on the simple use of the term in daily
political discourse. In particular Arena states that Stoicism provided the
basis for many of the conventional ethical assumptions held by the Roman
optimates, but was also actively present in the real political conflicts of the
time. Arena focuses her attention on the example of the political career of
Catulus, especially his consulship in the year , when he confronted his
colleague Lepidus.
The establishment of the principate under Augustus meant an end to the
republic and the foundation of a real monarchy with a republican façade,
under the banner of restoration of the res publica. Certain republican
institutions remained in force, adjusting themselves to the new political
regime. What happened to the consulship? Frédéric Hurlet (“Consulship
and consuls under Augustus”) tries to find the answer in the closing chapter
of the book. First, there was continuity with the republic, as no argument
proves decisively that the consulate underwent one or more institutional
modifications under Augustus. One should not, however, ignore the fact
that the Augustan principate accelerated certain developments that had
emerged toward the end of the republic. In particular, the consuls were
de facto deprived of the possibility to exercise an imperium militiae. As a
matter of fact, the consulship suffered an undeniable devaluation under
Augustus, but the competition for the consulship certainly persisted and
consular rank remained the key criterion for a high-ranking position in the
hierarchy of Rome’s strictly stratified society.