16 praetors, 40 quaestors: Dio, XLIII. 47, 49, 51; Suet. Iul. 41.Power to nominate: Dio, XLIII. 47, 51; Cic. Phil. II. 80; Appian, B. C. II. 128; Suet. Iul. 76. -900 senators: Dio, XLIII. 47.Bestowal of Latin rights: Cic. ad Att. XIV. 12. 1; Tac. Ann. XI. 24. - Appointment of provincial governors: Dio, XLII. 20.- - Consules suffecti: Dio, XLIII. 46.-Seizure of Caesar's papers and treasure: Cic. Phil. I. 17; II. 93; Appian, B. C. II. 125. — Meeting of senate, March 17: Appian, B. C. II. 135-6; Dio, XLIV. 22–34; Cic. Phil. I. 1 f.; I. 31 f.; Vell. II. 58. — Antony acquires Cisalpine Gaul: Cic. ad Att. XIV. 14. 4; Appian, B. C. III. 27–30; Vell. II. 60; Appian, B. C. III. 55.- Octavius comes slowly to Rome: Cic. ad Att. XIV. 5. 3; ibid. 10. 3; XV. 2. 3; Appian, B. C. III. 9-23; Dio, XLV. 1–4. · His relations to Antony: Appian, B. C. III. 28-45; Dio, XLV. 5-9; ibid. 11-15; Suet. Aug. 10. — Antony marches north: Cic. Phil. III. 1; V. 24; Appian, B. C. III. 46. – Battle near Mutina: Appian, B. C. III. 66–72; Dio, XLVI. 37. Lepidus joins Antony: Cic. ad Fam. X. 23. 2; Appian, B. C. III. 83-4. Pollio and Plancus join Antony: Appian, B. C. III. 97; Dio, XLVI. 53; Vell. II. 63.- Octavius is elected consul: Liv. Ep. CXIX; Appian, B. C. III. 88-94; Dio, XLVI. 40-45.- Death of

D. Brutus: Appian, B. C. III. 97-8; Vell. II. 64. Second triumvirate formed: Liv. Ep. CXX; Appian, B. C. IV. 2 ff.; Dio, XLVI. 54-6; Suet. Aug. 27; Plut. Ant. 19. -Lex Titia: Appian, B. C. IV. 7; Dio, XLVII. 2. - Death of Cicero: Plut. Cic. 47-8; Appian, B. C. IV. 19-20; Vell. II. 66. Macedonia, Illyricum, and Greece allotted to M. Brutus: Cic. Phil. X. 13-14; Plut. Brut. 27; Dio, XLVII. 22. - Syria assigned to Cassius: Cic. Phil. XI. 29 ff.; Dio, XLVII. 28; Vell. II. 62.-Philippi: Appian, B. C. IV. 109-131; Dio, XLVII. 37–49; Plut. Brut. 38-53; Vell. II. 70–72. -Division of territory: Appian, B. C. V. 3; Dio, XLVIII. 1–2.— Perusian war: Appian, B. C. V. 12-49; Dio, XLVIII. 4-15; Vell. II. 74. Treaty of Brundisium: Appian, B. C. V. 64-5; Dio, XLVIII. 28-30; Vell. II. 76. Concessions to Sex. Pompeius: Appian, B. C. V. 72; Dio, XLVIII. 36. — War with Sex. Pompeius: Appian, B. C. V. 77-122; Dio, XLVIII. 45-XLIX. 10; Vell. II. 79. — Treaty of Tarentum: Dio, XLVIII. 54; Appian, B. C. V. 93-5; Tac. Ann. I. 10. — Retirement of Lepidus: Liv. Ep. CXXIX; Suet. Aug. 16; Appian, B. C. V. 122-6; Dio, XLIX. II-12. - Parthian campaign of Antony: Dio, XLVIII. 24-7; ibid. 39-41; XLIX. 19 ff.; Plut. Ant. 37-52; Vell. II. 82.-Illyrian

Liv. Epp. CXXXI-CXXXII.

Ant. 54; Dio, XLIX. 32, 41; L. 1, 3.

campaign of Octavius: Dio, XLIX. 34-8; Appian, Bell. Ill. 16–28; Territory given to Cleopatra: Plut. War declared against Cleopatra: Plut. Ant. 60; Dio, L. 4, 6. - Actium: Plut. Ant. 64-8; Dio, L. 31-5; Vell. II. 85. — Surrender of Antony's army: Plut. Ant. 68. Death of Antony: Dio, LI. 10; Plut. Ant. 76-7. —Death

of Cleopatra: Dio, LI. 11-14; Plut. Ant. 84-6.

SELECTED BIBLIOGRAPHY 1

O. E. Schmidt, Der Briefwechsel des M. Tullius Cicero. Leipzig, 1893.

Tyrrell and Purser, The Correspondence of M. Tullius Cicero, Vols. V and VI. London, 1897-9.

W. Drumann, Geschichte Roms, 6 vols. Koenigsberg, 1834-44. A. Stoffel, Histoire de Jules César: Guerre Civile, 2 vols. Paris, 1887.

A. v. Goeler, Caesars Gallischer Krieg. Tübingen, 1879.

W. Judeich, Caesar im Orient. Leipzig, 1885.

O. E. Schmidt, Die letzten Kämpfe der röm. Republik (Neue Jahr. f. Philol. u. Paed. XIII, Suppl. pp. 665-722).

A. v. Hagen, De bello Mutinensi quaestiones criticae. Marburg, 1886.

V. Gardthausen, Augustus und seine Zeit (I. 1, 2; II. 1, 2). Leipzig, 1891-6.

Th. Mommsen, Res gestae divi Augusti, 2d ed. Berlin, 1883.

1 See also general bibliography on p. 22.

(a) Magistratus, Imperium, Potestas

143. Method of Treatment. Our historical survey of the development of Roman political institutions has shown that the right of initiating action was the peculiar prerogative of the magistrate, and that in the early period he was practically the supreme lawgiver and judge, as well as the executive. To put it in another way, the functions acquired later by other branches of the government were in the early days exercised by the executive. We have traced the process of differentiation. First of all, the senate, which was at the beginning of the republic merely an advisory body, found means to enforce its claim to a share in the control of the state. Later, the popular assemblies developed, and finally a well-organized judicial system was established. A systematic examination of Roman political institutions will, therefore, follow the order of historical development, in taking up first the magistracies, then the senate, the popular assemblies, and finally the courts of law. Our historical investigation has suggested one other important point in the method of treatment. At the beginning of the republican period the magisterial power was vested in a single college of magistrates. The establishment of new magistracies, as time went on, meant simply the assignment of

certain specific duties to the new officials. The new magistracies had all the general characteristics of the original magistracy out of which they sprang. Therefore, before passing to an examination of the functions of the individual magistrates, it will be natural and convenient to consider the general attributes of the Roman magistracies taken as a unit.

144. Definition of Magistratus. The term magistratus was used of the office and of its incumbents. In the concrete sense the magistratus was the authorized representative of the people for the conduct of public business of a secular character. His authorization came through an election by the populus. The dictator, interrex, and magister equitum, who were appointed by a magistrate, and were, therefore, only indirectly dependent on a popular election, were relics of the monarchical constitution, and not products of the republic at all. The tribunes were chosen in an assembly made up of plebeians only, so that in the strict sense of the word they were not magistrates. Priests do not fall in this category because their duties were of a religious character.

145. Magistratus Maiores and Minores. According to the point of view from which they are considered the magistracies may be classified as magistratus maiores or minores, patricii or plebeii, curule or not curule, ordinary or extraordinary, cum imperio or sine imperio. The Romans themselves differed in their classification of the magistracies as magistratus maiores or minores. Thus the augur Messala (Gell. XIII. 15. 4) maintained that the interrex, consul, praetor, dictator, censor, magister equitum, and all magistrates or pro-magistrates vested with consular or praetorian power, inasmuch as they had the right to take the auspicia maxima, were magistratus maiores. The others,

who could take only the auspicia minora, were magistratus minores. On the other hand, it seems better to draw the line of distinction between these two classes of magistrates

Will. I. 225 f. below the quaestorship, because the quaestors and aediles with the higher magistrates were admitted to the senate in the later republic by virtue of having held their respective offices, whereas magistrates of a lower rank were not members of that body.

146. Magistratus Patricii and Plebeii. Up to the middle of the fourth century B.C. the terms magistratus patricii and plebeii were applied to the magistracies open to patricians and plebeians respectively. After plebeians had been made eligible to all the magistracies the distinction has no technical meaning. The tribunes are sometimes styled magistratus plebeii, but inaccurately, because, as we have seen, the tribunes were strictly speaking not magistrates at all.

147. Curule and non-Curule Magistracies. The right to use the curule chair was a privilege belonging especially to magistrates who had the imperium. When the curule aedileship was established, however, the sella curulis was made one of the insignia of the office, although the incumbent of the office did not have the imperium. The magisSt. R. I. 401 f. trates (not including plebeian officials) above the quaestor were magistratus curules.

148. Magistratus Ordinarii and Extraordinarii. Ordinary magistrates were those who were chosen at fixed intervals, like the consul or censor. Those who were elected for an exceptional purpose were called magistratus extraordinarii. Some of the magistracies of the latter class, as, for instance, the dictatorship, formed a regular part of the Roman administrative system, while others, like the decemvirate or the consular tribunate, were extra-constitutional.