5 4 2 6 and that the four other prætors should during their magistracy also remain in the city, and preside at public trials; one at trials concerning extortion; another concerning bribery; a third concerning crimes committed against the state; and a fourth about defrauding the public treasury. These were called QUÆSTIONES PERPETUE," because they were annually assigned to particular prætors, who always conducted them for the whole year, according to a certain form prescribed by law; so that there was no need, as formerly, of making a new law, or of appointing extraordinary inquisitors to preside at them, who should resign their authority when the trial was ended. But still, when any thing unusual or atrocious happened, the people or senate judged about the matter themselves, or appointed inquisitors to preside at the trial; and then they were said extra ordinem quærere: as in the case of Clodius, for violating the sacred rites of the Bona Dea, or Good Goddess, and of Milo, for the murder of Clodius.8 L. Sulla increased the number of the quæstiones perpetuæ, by adding those de FALSO, vel de crimine falsi, concerning forgers of wills or other writs, coiners or makers of base money, &c. de SICARIIS et VENEFICIS, about such as killed a person with weapons or poison; et de PARRICIDIS, on which account he created two additional prætors, A. U. 672; some say four. Julius Cæsar increased the number of prætors, first to ten, A. U. 707, then to fourteen, and afterwards to sixteen." Under the triumviri, there were sixty-seven prætors in one year. Augustus reduced the number to twelve, Dio says ten; but afterwards made them sixteen. According to Tacitus, there were no more than twelve at his death. Under Tiberius, there were sometimes fifteen and sometimes sixteen. 10 Claudius added two præ tors for the cognizance of trusts," The number then was eigh teen; but afterwards it varied. Upon the decline of the empire, the principal functions of the prætors were conferred on the præfectus prætorio, and other magistrates instituted by the emperors. The prætors of course sunk in their importance; under Valentinian their number was reduced to three; and this magistracy having become an empty name,12 was at last entirely suppressed, as it is thought, under Justinian. III. CENSORS. Two magistrates were first createa, A. U. 312, for taking an 1 2 account of the number of the people, and the value of their fortunes; whence they were called CENSORES. As the consuls, being engaged in wars abroad or commotions at home, had not leisure for that business, the census had been intermitted for seventeen years. The censors at first continued in office for five years. But afterwards, lest they should abuse their authority, a law was passed by Mamercus Emilius the dictator, ordaining, that they should be elected every five years; but that their power should continue only a year and a half.5 4 The censors had all the ensigns of the consuls, except the lictors. They were usually chosen from the most respectable persons of consular dignity; at first only from among the patricians, but afterwards likewise from the plebeians. The first plebeian censor was C. Marcius Rutilus, A. U. 404, who also had been the first plebeian dictator. Afterwards a law was made, that one of the censors should always be a plebeian. Sometimes both censors were plebeians,' and sometimes those were created censors who had neither been consuls nor prætors; but not so after the second Punic war. 8 The last censors, namely Paulus and Plancus, under Augustus, are said to have been private persons; not that they had never borne any public office before, but to distinguish them from the emperor; all besides him being called by that name.1 10 The power of the censors at first was small; but afterwards it became very great. All the orders of the state were subject to them. Hence the censorship is called by Plutarch the summit of all preferments,12 and by Cicero magistra pudoris et modestie. The title of censor was esteemed more honourable than that of consul, as appears from ancient coins and statues : and it was reckoned the chief ornament of nobility to be sprung from a censorian family.14 The office of the censors was chiefly to estimate the fortunes, and to inspect the morals of the citizens.1 15 The censors performed the census in the Campus Martius. Seated in their curule chairs, and attended by their clerks and other officers, they ordered the citizens, divided into their classes and centuries, and also into their tribes,16 to be called 17 before them by a herald, and to give an account of their fortunes, family, &c. according to the institution of Servius Tullius.18 At the same time they reviewed the senate and equestrian order, supplied the vacant places in both, and inflicted 1 3 4 A sena various marks of disgrace on those who deserved it. tor they excluded from the senate-house, an eques they deprived of his public horse, and any other citizen they removed from a more honourable to a less honourable tribe; or deprived him of all the privileges of a Roman citizen, except liberty.5 This mark of disgrace was also inflicted on a senator or an eques, and was then always added to the mark of disgrace peculiar to their order. The censors themselves did not sometimes agree about their powers in this respect.7 They could inflict these marks of disgrace upon what evidence, and for what cause they judged proper; but, when they expelled from the senate, they commonly annexed a reason to their censure, which was called SUBSCRIPTIO CENSORIA. Sometimes an appeal was made from their sentence to the people. They not only could hinder one another from inflicting any censure,' o but they might even stigmatize one another." The citizens in the colonies and free towns were there enrolled by their own censors, according to the form prescribed by the Roman censors, 12 and an account of them was transmitted to Rome; so that the senate might see at one view the wealth and condition of the whole empire. 13 When the censors took an estimate of the fortunes of the citizens, they were said censum agere vel habere; CENSERE populi ævitates, soboles, familias, pecuniasque, referre in censum, or censui ascribere.14 The citizens, when they gave in to the censors an estimate of their fortunes, &c. were said CENSERI modum agri, mancipia, pecunias, &c. sc. secundum vel quod ad, profiteri, in censum deferre vel dedicare,15 annos deferre vel censeri: 16 sometimes also censere; thus, prædia censere, to give in an estimate of one's farms; 17 prædia censui censendo,18 farms, of which one is the just proprietor. Hence, censeri, to be va I notas inurebant. 4 tribu movebant. ways use serarinn fa- 7 Claudius negabat, 12 ex formula ab Ro manis censoribus data. 13 Liv. xxix. 15. 37. 14 Cic. Legg. ii. 3. Liv. xxxix. 44. Flor. i. 6. Tac. Ann. xiii. 51. 15 Cic. Flacc. 32. s. 80. Arch. 4. Sen. Ep. 95. 16 thus, CL. annos, i. e. 150 years old, census est Claudii Cresaris censura T. Fullonius Bononiensis; id. que collatis censibus quos ante detulerat, verum apparuit, Plin. vii. 49. s. 50. 17 Cic. Flacc. 32. Liv. xlv. 15. 18 sc. apta; i. e. quo. rum census censeri, pretium æstimari, or dinis et tributi causa, potest. 5 3 4 1 lued or esteemed, to be held in estimation; de quo censeris, amicus, from whom or on whose account you are valued;2 privatus illis CENSUS erat brevis, exiguus, tenuis, their private fortune was small; equestris, v. -ter, the fortune of an eques; CCCC. millia nummum, 400,000 sesterces; * senatorius, of a senator; homo sine censu, ex censu tributa conferre, cultus major censu, dat census honores, census partus per vulnera, a fortune procured in war; demittere censum in viscera, i. e. bona obligurire, to eat up;' Romani census populi, the treasury; breves extendere census, to make a small fortune go far.9 The censors divided the citizens into classes and centuries, according to their fortunes. They added new tribes to the old, when it was necessary." 10 They let the public lands and taxes, and the regulations which they prescribed to the farmers-general 12 were called leges vel tabule censoriæ.13 16 8 11 14 The censors agreed with undertakers about building and repairing the public works, such as temples, porticoes, &c.; which they examined when finished,15 and caused to be kept in good repair. The expenses allowed by the public for executing these works were called ULTROTRIBUTA, hence ultrotributa locare, to let them, or to promise a certain sum for executing them; conducere, to undertake them.17 The censors had the charge of paving the streets, and making the public roads, bridges, aqueducts, &c.18 They likewise made contracts about furnishing the public sacrifices, and horses for the use of the curule magistrates; 19 also about feeding the geese which were kept in the Capitol, in commemoration of their having preserved it, when the dogs had failed to give the alarm.20 They took care that private persons should not occupy what belonged to the public. And if any one refused to obey their sentence, they could fine him, and distrain his effects till he made payment. 21 The imposing of taxes is often ascribed to the censors; but this was done by a decree of the senate and the order of the people; without which the censors had not even the right of laying out the public money, nor of letting the public lands. Hence the senate sometimes cancelled their leases 23 when they disapproved of them, for the senate had the chief direction in all these matters. 24 The censor had no right to propose laws, or to lay any thing before the senate or people, unless by means of the consul or prætor, or a tribune of the commons.1 The power of the censors did not extend to public crimes, or to such things as came under the cognizance of the civil magistrate, and were punishable by law; but only to matters of a private nature, and of less importance; as, if one did not cultivate his ground properly; if an eques did not take proper care of his horse, which was called INCURIA, or impolitia; if one lived too long unmarried (the fine for which was called As UXORIUM), or contracted debt without cause; and particularly, if any one had not behaved with sufficient bravery in war, or was of dissolute morals; above all, if a person had violated his oath.4 The accused were usually permitted to make their defence.5 9 6 3 The sentence of the censors only affected the rank and character of persons. It was therefore properly called IGNOMINIA,7 and in later times had no other effect than of putting a man to the blush. It was not fixed and unalterable, as the decision of a court of law, but might be either taken off by the next censors, or rendered ineffectual by the verdict of a jury, or by the suffrages of the Roman people. Thus we find C. Gæta, who had been extruded the senate by the censors, A. U. 639, the very next lustrum himself made censor.10 Sometimes the senate added force to the feeble sentence of the censors," by their decree; which imposed an additional punishment. 12 The office of censor was once exercised by a dictator.13 After Sylla, the election of censors was intermitted for about seventeen years. 14 When the censors acted improperly, they might be brought to a trial, as they sometimes were, by a tribune of the commons, Nay, we find a tribune ordering a censor to be seized and led to prison, and even to be thrown from the Tarpeian rock; but both were prevented by their colleagues.1 15 Two things were peculiar to the censors.-1. No one could be elected a second time to that office, according to the law of C. Martius Rutilus, who refused a second censorship when conferred on him, hence surnamed CENSORINUS.16_2. If one of the censors died, another was not substituted in his room; but his surviving colleague was obliged to resign his office.17 The death of a censor was esteemed ominous, because it had |