Shelving Of The Censorship
Lastly we have already observed that the highest of all magistracies, the censorship, though not formally abolished, was shelved in the same way as the dictatorship had previously been. Practically it might certainly be dispensed with. Provision was otherwise made for filling up the senate. From the time that Italy was practically tax-free and the army was substantially formed by enlistment, the register of those liable to taxation and service lost in the main its significance; and, if disorder prevailed in the equestrian roll or the list of those entitled to the suffrage, that disorder was probably not altogether unwelcome. There thus remained only the current financial functions which the consuls had hitherto discharged when, as frequently happened, no election of censors had taken place, and which they now took as a part of their ordinary official duties. Compared with the substantial gain that by the shelving of the censorship the magistracy lost its crowning dignity, it was a matter of little moment and was not at all prejudicial to the sole dominion of the supreme governing corporation, that--with a view to satisfy the ambition of the senators now so much more numerous--the number of the pontifices and that of the augurs was increased from nine,(30) that of the custodiers of oracles from ten,(31) to fifteen each, and that of the banquet-masters from three(32) to seven.
Regulation Of The Finances
In financial matters even under the former constitution the decisive voice lay with the senate; the only point to be dealt with, accordingly, was the re-establishment of an orderly administration. Sulla had found himself at first in no small difficulty as to money; the sums brought with him from Asia Minor were soon expended for the pay of his numerous and constantly swelling army. Even after thevictory at the Colline gate the senate, seeing that the state-chest had been carried off to Praeneste, had been obliged to resort to urgent measures. Various building-sites in the capital and several portions of the Campanian domains were exposed to sale, the client kings, the freed and allied communities, were laid under extraordinary contribution, their landed property and their customs-revenues were in some cases confiscated, and in others new privileges were granted to them for money. But the residue of nearly 600,000 pounds found in the public chest on the surrender of Praeneste, the public auctions which soon began, and other extraordinary resources, relieved the embarrassment of the moment. Provision was made for the future not so much by the reform in the Asiatic revenues, under which the tax-payers were the principal gainers, and the state chest was perhaps at most no loser, as by the resumption of the Campanian domains, to which Aenaria was now added,(33) and above all by the abolition of the largesses of grain, which since the time of Gaius Gracchus had eaten like a canker into the Roman finances.
Reorganization Of The Judicial System. Previous Arrangements Ordinary Procedure Permanent And Special -Quaestiones- Centumviral Court
The judicial system on the other hand was essentially revolutionized, partly from political considerations, partly with a view to introduce greater unity and usefulness into the previous very insufficient and unconnected legislation on the subject. According to the arrangements hitherto subsisting, processes fell to be decided partly by the burgesses, partly by jurymen. The judicial cases in which the whole burgesses decided on appeal from the judgment of the magistrate were, down to the time of Sulla, placed in the hands primarily of the tribunes of the people, secondarily of the aediles, inasmuch as all the processes, through which a person entrusted with an office or commission by the community was brought to answer for his conduct of its affairs, whether they involved life and limb or money-fines, had to be in the first instance dealt with by the tribunes of the people, and all the other processes in which ultimately the people decided, were in the first instance adjudicated on, in the second presided over, by the curule or plebeian aediles. Sulla, if he did not directly abolish the tribunician process of calling to account, yet made it dependent, just like the initiative of the tribunes in legislation, on the previous consent of the senate, and presumably also limited in like manner the aedilician penal procedure. On the other hand he enlarged the jurisdiction of the jury courts. There existed at that time two sorts of procedure before jurymen. The ordinary procedure, which was applicable in all cases adapted according to our view for a criminal or civil process with the exception of crimes immediately directed against the state, consisted in this, that one of the two praetors of the capital technically adjusted the cause and a juryman (-iudex-) nominated by him decided it on the basis of this adjustment. The extraordinary jury-procedure again was applicable in particular civil or criminal cases of importance, for which, instead of the single juryman, a special jury-court had been appointed by special laws. Of this sort were the special tribunals constituted for individual cases;(34) the standing commissional tribunals, such as had been appointed for exactions,(35) for poisoning and murder,(36) perhaps also for bribery at elections and other crimes, in the course of the seventh century; and lastly, the two courts of the "Ten-men" for processes affecting freedom, and the "Hundred and five," or more briefly, the "Hundred-men," for processes affecting inheritance, also called, from the shaft of a spear employed in all disputes as to property, the "spear-court" (-hasta-). The court of Ten-men (-decemviri litibus iudicandis-) was a very ancient institution for the protection of the plebeians against their masters.(37) The period and circumstances in which the spear-court originated are involved in obscurity; but they must, it may be presumed, have been nearly the same as in the case of the essentially similar criminal commissions mentioned above.