But with their magnifying the glory of the censorship
the government combined a characteristic distrust
of this, their most important and for that very reason
most dangerous, instrument. It was thoroughly
necessary to leave to the censors absolute control
over the personal composition of the senate and the
equites; for the right of exclusion could not well
be separated from the right of summoning, and it was
indispensable to retain such a right, not so much for
the purpose of removing from the senate capable men
of the opposition—a course which the smooth-going
government of that age cautiously avoided—as
for the purpose of preserving around the aristocracy
that moral halo, without which it must have speedily
become a prey to the opposition. The right of
ejection was retained; but what they chiefly needed
was the glitter of the naked blade—the
edge of it, which they feared, they took care to blunt.
Besides the check involved in the nature of the office—under
which the lists of the members of the aristocratic
corporations were liable to revision only at intervals
of five years —and besides the limitations
resulting from the right of veto vested in the colleague
and the right of cancelling vested in the successor,
there was added a farther check which exercised a very
sensible influence; a usage equivalent to law made
it the duty of the censor not to erase from the list
any senator or knight without specifying in writing
the grounds for his decision, or, in other words, adopting,
as a rule, a quasi-judicial procedure.
Remodelling of the Constitution According to the Views
of the Nobility Inadequate Number of Magistrates
In this political position—mainly based
on the senate, the equites, and the censorship—the
nobility not only usurped in substance the government,
but also remodelled the constitution according to their
own views. It was part of their policy, with
a view to keep up the appreciation of the public magistracies,
to add to the number of these as little as possible,
and to keep it far below what was required by the
extension of territory and the increase of business.
Only the most urgent exigencies were barely met by
the division of the judicial functions hitherto discharged
by a single praetor between two judges —one
of whom tried the lawsuits between Roman burgesses,
and the other those that arose between non-burgesses
or between burgess and non-burgess—in 511,
and by the nomination of four auxiliary consuls for
the four transmarine provinces of Sicily (527), Sardinia
including Corsica (527), and Hither and Further Spain
(557). The far too summary mode of initialing
processes in Rome, as well as the increasing influence
of the official staff, are doubtless traceable in
great measure to the practically inadequate numbers
of the Roman magistracy.
Election of Officers in the Comitia