themselves the six special departments and the consuls
managed the continental non-judicial business—or
prescribing some deviation from it; it might assign
to the consul a transmarine command of especial importance
at the moment, or include an extraordinary military
or judicial commission—such as the command
of the fleet or an important criminal inquiry—among
the departments to be distributed, and might arrange
the further cumulations and extensions of term thereby
rendered necessary. In this case, however, it
was simply the demarcation of the respective consular
and praetorian functions on each occasion which belonged
to the senate, not the designation of the persons to
assume the particular office; the latter uniformly
took place by agreement among the magistrates concerned
or by lot. The burgesses in the earlier period
were doubtless resorted to for the purpose of legitimising
by special decree of the community the practical prolongation
of command that was involved in the non-arrival of
relief;(25) but this was required rather by the spirit
than by the letter of the constitution, and soon the
burgesses ceased from intervention in the matter.
In the course of the seventh century there were gradually
added to the six special departments already existing
six others, viz. the five new governorships of
Macedonia, Africa, Asia, Narbo, and Cilicia, and the
presidency of the standing commission respecting exactions.(26)
With the daily extending sphere of action of the
Roman government, moreover, it was a case of more
and more frequent occurrence, that the supreme magistrates
were called to undertake extraordinary military or
judicial commissions. Nevertheless the number
of the ordinary supreme annual magistrates was not
enlarged; and there thus devolved on eight magistrates
to be annually nominated—apart from all
else—at least twelve special departments
to be annually occupied. Of course it was no
mere accident, that this deficiency was not covered
once for all by the creation of new praetorships.
According to the letter of the constitution all the
supreme magistrates were to be nominated annually
by the burgesses; according to the new order or rather
disorder—under which the vacancies that
arose were filled up mainly by prolonging the term
of office, and a second year was as a rule added by
the senate to the magistrates legally serving for one
year, but might also at discretion be refused—the
most important and most lucrative places in the state
were filled up no longer by the burgesses, but by
the senate out of a list of competitors formed by
the burgess-elections. Since among these positions
the transmarine commands were especially sought after
as being the most lucrative, it was usual to entrust
a transmarine command on the expiry of their official
year to those magistrates whom their office confined
either in law or at any rate in fact to the capital,
that is, to the two praetors administering justice
in the city and frequently also to the consuls; a
course which was compatible with the nature of prorogation,
since the official authority of supreme magistrates
acting in Rome and in the provinces respectively, although
differently entered on, was not in strict state-law
different in kind.