Gaius Gracchus or at any rate the Gracchan period had conceded to the equites a special place at the popular festivals, such as the senators had for long possessed;(10) Sulla abolished it and relegated the equites to the plebeian benches.(11) The equestrian order, created as such by Gaius Gracchus, was deprived of its political existence by Sulla. The senate was to exercise the supreme power in legislation, administration, and jurisdiction, unconditionally, indivisibly, and permanently, and was to be distinguished also by outward tokens not merely as a privileged, but as the only privileged, order.
Reorganization Of The Senate Its Complement Filled Up By Extraordinary Election Admission To The Senate Through The Quaestorship Abolition Of The Censorial Supervision Of The Senate
For this purpose the governing board had, first of all, to have its ranks filled up and to be itself placed on a footing of independence. The numbers of the senators had been fearfully reduced by the recent crises. Sulla no doubt now gave to those who were exiled by the equestrian courts liberty to return, for instance to the consular Publius Rutilius Rufus,(12) who however made no use of the permission, and to Gaius Cotta the friend of Drusus;(13) but this made only slight amends for the gaps which the revolutionary and reactionary reigns of terror had created in the ranks of the senate. Accordingly by Sulla's directions the senate had its complement extraordinarily made up by about 300 new senators, whom the assembly of the tribes had to nominate from among men of equestrian census, and whom they selected, as may be conceived, chiefly from the younger men of the senatorial houses on the one hand, and from Sullan officers and others brought into prominence by the last revolution on the other. For the future also the mode of admission to the senate was regulated anew and placed on an essentially different basis. As the constitution had hitherto stood, men entered the senate either through the summons of the censors, which was the proper and ordinary way, or through the holding of one of the three curule magistracies--the consulship, the praetorship, or the aedileship-- to which since the passing of the Ovinian law a seat and vote in the senate had been de jure attached.(14) The holding of an inferior magistracy, of the tribunate or the quaestorship, gave doubtless a claim de facto to a place in the senate--inasmuch as the censorial selection especially turned towards the men who had held such offices--but by no means a reversion de jure. Of these two modes of admission, Sulla abolished the former by setting aside--at least practically--the censorship, and altered the latter to the effect that the right of admission to the senate was attached to the quaestorship instead of the aedileship, and at the same time the number of quaestors to be annually nominated was raised to twenty.(15) The prerogative hitherto legally pertaining to the censors, although practically no longer exercised in its original serious sense--of deleting any senator from the roll, with a statement of the reasons for doing so, at the revisals which took place every five years (16)--likewise fell into abeyance for the future; the irremoveable character which had hitherto de facto belonged to the senators was thus finally fixed by Sulla. The total number of senators, which hitherto had presumably not much exceeded the old normal number of 300 and often perhaps had not even reached it, was by these means considerably augmented, perhaps on an average doubled(17)--an augmentation which was rendered necessary by the great increase of the duties of the senate through the transference to it of the functions of jurymen. As, moreover, both the extraordinarily admitted senators and the quaestors were nominated by the -comitia tributa-, the senate, hitherto resting indirectly on the election of the people,(18) was now based throughout on direct popular election; and thus made as close an approach to a representative government as was compatible with the nature of the oligarchy and the notions of antiquity generally. The senate had in course of time been converted from a corporation intended merely to advise the magistrates into a board commanding the magistrates and self-governing; it was only a consistent advance in the same direction, when the right of nominating and cancelling senators originally belonging to the magistrates was withdrawn from them, and the senate was placed on the same legal basis on which the magistrates' power itself rested. The extravagant prerogative of the censors to revise the list of the senate and to erase or add names at pleasure was in reality incompatible with an organized oligarchic constitution. As provision was now made for a sufficient regular recruiting of its ranks by the election of the quaestors, the censorial revisions became superfluous; and by their abeyance the essential principle at the bottom of every oligarchy, the irremoveable character and life-tenure of the members of the ruling order who obtained seat and vote, was definitively consolidated.
Regulations As To The Burgesses
In respect to legislation Sulla contented himself with reviving the regulations made in 666, and securing to the senate the legislative initiative, which had long belonged to it practically, by legal enactment at least as against the tribunes. The burgess-body remained formally sovereign; but so far as its primary assemblies were concerned, while it seemed to the regent necessary carefully to preserve the form, he was still more careful to prevent any real activity on their part. Sulla dealt even with the franchise itself in the most contemptuous manner; he made no difficulty either in conceding it to the new burgess-communities, or in bestowing it on Spaniards and Celts en masse; in fact, probably not without design, no steps were taken at all for the adjustment of the burgess-roll, which nevertheless after so violent revolutions stood in urgent need of a revision, if the government was still at all in earnest with the legal privileges attaching to it.