CONSUĀLĬA, a festival, with games, celebrated by the Romans,
according to Ovid and others, in honour of Consus, the god of secret
deliberations, or, according to Livy, of Neptunus Equestris. Some
writers, however, say that Neptunus Equestris and Consus were only
different names for one and the same deity. It was solemnised every
year in the circus, by the symbolical ceremony of uncovering an altar
dedicated to the god, which was buried in the earth. For Romulus,
who was considered as the founder of the festival, was said to
have discovered an altar in the earth on that spot. The solemnity
took place on the 21st of August with horse and chariot races, and
libations were poured into the flames which consumed the sacrifices.
During these festive games horses and mules were not allowed to do
any work, and were adorned with garlands of flowers. It was at their
first celebration that, according to the ancient legend, the Sabine
maidens were carried off.
CONSUL (ὕπατος), the title of the two chief officers or magistrates
of the Roman republic. The word is probably composed of _con_ and
_sul_, which contains the same root as the verb _salio_, so that
consules signifies “those who come together,” just as _praesul_
means “one who goes before,” and _exsul_, “one who goes out.” The
consulship is said to have been instituted upon the expulsion of
the kings in B.C. 509, when the kingly power was transferred to
two magistrates, whose office lasted only for one year, that it
might not degenerate into tyranny by being vested longer in the
same persons; and for the same reason two were appointed instead
of one king, as neither could undertake anything unless it was
sanctioned and approved by his colleague. Their original title was
_praetores_, or commanders of the armies, but this was changed into
that of _consules_ in B.C. 449, and the latter title remained in
use until the latest periods of the Roman empire.--The consuls were
at first elected from the patricians exclusively. Their office was
suspended in B.C. 451, and its functions were performed by ten high
commissioners (_decemviri_), appointed to frame a code of laws. On
the re-establishment of the consulship in B.C. 449, the tribunes
proposed that one of the consuls should be chosen from the plebeians,
but this was strenuously resisted by the patricians, and a compromise
effected by suspending the consular office, and creating in its stead
military tribunes (_tribuni militum_) with consular power, who might
be elected indifferently both from the patricians and plebeians.
They were first appointed in B.C. 444. The plebeians, however, were
not satisfied with this concession, and still endeavoured to attain
the higher dignity of the consulship. At length, after a serious and
long-protracted struggle between the two orders, it was enacted by
the Licinian law, in B.C. 367, that henceforth the consulship should
be divided between the patricians and plebeians, and that one of the
consuls should always be a plebeian. Accordingly, in B.C. 366 L.
Sextius was elected the first plebeian consul. This law, however,
was not always observed, and it still frequently happened that both
consuls were patricians, until, in later times, when the difference
between the two orders had entirely ceased, and the plebeians were
on a footing of perfect equality with the patricians, the consuls
were elected from both orders indiscriminately.--During the later
periods of the republic it was customary for persons to pass through
several subordinate magistracies before they were elected consuls,
though this rule was departed from in many particular cases. The age
at which a person was eligible to the consulship was fixed in B.C.
180, by the lex annalis [LEX ANNALIS], at 43.--The election of the
consuls always took place in the comitia of the centuries, some time
before the expiration of the official year of the actual consuls, and
the election was conducted either by the actual consuls themselves,
or by an interrex or a dictator, and the persons elected, until they
entered upon their office, were called _consules designati_. While
they were _designati_, they were in reality no more than private
persons, but still they might exercise considerable influence upon
public affairs, for in the senate they were asked for their opinion
first. If they had been guilty of any illegal act, either before or
during their election, such as bribery (_ambitus_), they were liable
to prosecution, and the election might be declared void.--The time
at which the old consuls laid down their office and the consules
designati entered upon theirs, differed at different times. The
first consuls are said to have entered upon their office in October,
then we find mention of the 1st of August, of the ides of December,
the 1st of July, and very frequently of the ides of March, until,
in B.C. 153, it became an established rule for the consuls to enter
upon their duties on the 1st of January; and this custom remained
down to the end of the republic. On that day the senators, equites,
and citizens of all classes conducted in a procession (_deductio_
or _processus consularis_) the new magistrates from their residence
to the capitol, where, if the auspices were favourable, the consuls
offered up sacrifices, and were inaugurated. From thence the
procession went to the curia, where the senate assembled, and where
the consuls returned thanks for their election. There they might
also speak on any subject that was of importance to the republic,
such as peace and war, the distribution of provinces, the general
condition of the state, the _feriae Latinae_, and the like. During
the first five days of their office they had to convoke a _contio_,
and publicly to take a solemn oath, by which, in the earliest times,
they pledged themselves not to allow any one to assume regal power
at Rome, but afterwards only to maintain the laws of the republic
(_in leges jurare_). On the expiration of their office they had to
take another oath, stating that they had faithfully obeyed the laws,
and not done anything against the constitution. The new consuls
on entering upon their office usually invited their friends to a
banquet. When a consul died during his year of office, his colleague
immediately convoked the comitia to elect a new one. A consul thus
elected to fill a vacancy was called _consul suffectus_, but his
powers were not equal to those of an ordinary consul, for he could
not preside at the elections of other magistrates, not even in the
case of the death of his colleague. In the latter case, as well as
when the consuls were prevented by illness or other circumstances,
the comitia were held by an interrex or a dictator.--The outward
distinctions of the consuls were, with few exceptions, the same
as those which had formerly belonged to the kings. The principal
distinction was the twelve lictors with the _fasces_, who preceded
the consuls; but the axes did not appear in the fasces within the
city. This outward sign of their power was taken by the consuls in
turn every month, and while one consul was preceded by the twelve
lictors with their fasces, the other was during the same month
preceded by an _accensus_, and followed by the lictors; and the
one was called during that month _consul major_, and the other
_consul minor_. Other distinctions of the consuls were the curule
chair (_sella curulis_), and the toga with the purple hem (_toga
praetexta_). The ivory sceptre (_scipio_ or _sceptrum_) and purple
toga were not distinctions of the consuls in general, but only when
they celebrated a triumph. Under the empire a consul was sometimes
distinguished by the senate with a sceptre bearing an eagle on the
top, but his regular ensigns consisted of the _toga picta_, the
_trabea_, and the fasces, both within and without the city.--The
consuls were the highest ordinary magistrates at Rome. Their power
was at first quite equal to that of the kings, except that it was
limited to one year, and that the office of high priest, which had
been vested in the king, was at the very beginning detached from the
consulship, and given to the _rex sacrorum_ or _rex sacrificulus_.
Yet the _auspicia majora_ continued to belong to the consuls. This
regal power of the consuls, however, was gradually curtailed by
various laws, especially by the institution of the tribunes of the
plebs, whose province it was to protect the plebeians against the
unjust or oppressive commands of the patrician magistrates. Nay,
in the course of time, whole branches of the consular power were
detached from it; the reason for which was, that, as the patricians
were compelled to allow the plebeians a share in the highest
magistracy, they stripped it of as much of its original power as
they could, and reserved these detached portions for themselves.
In this manner the censorship was detached from the consulship in
B.C. 443, and the praetorship in B.C. 367. But notwithstanding
all this, the consuls remained the highest magistrates, and all
other magistrates, except the tribunes of the plebs, were obliged
to obey their commands, and show them great outward respect. The
functions of the consuls during the time of the republic may be
conveniently described under the following heads:--1. They were in
all civil matters the heads of the state, being invested with the
imperium, which emanated from the sovereign people, and which they
held during the time of their office. In this capacity they had the
right of convoking both the senate and the assembly of the people;
they presided in each (in the comitia of the curies as well as in
those of the centuries), and they took care that the resolutions
of the senate and people were carried into effect. They might also
convoke _contiones_, whenever they thought it necessary. In the
senate they conducted the discussions, and put the questions to the
vote, thus exercising the greatest influence upon all matters which
were brought before the senate either by themselves or by others.
When a decree was passed by the senate, the consuls were usually
commissioned to see that it was carried into effect; though there are
also instances of the consuls opposing a decree of the senate. 2.
The supreme command of the armies belonged to the consuls alone by
virtue of their imperium. Accordingly, when a war was decreed, they
were ordered by a senatus consultum to levy the troops, whose number
was determined by the senate, and they appointed most of the other
military officers. While at the head of their armies they had full
power of life and death over their soldiers, who, on their enrolment,
had to take an oath (_sacramentum_) to be faithful and obedient to
the commands of the consuls. When the consuls had entered upon their
office, the senate assigned them their provinces, that is, their
spheres of action, and the consuls either settled between themselves
which province each was to have, or, which was more common, they drew
lots. Usually one consul remained at Rome, while the other went out
at the head of the army: sometimes both left the city, and carried
on war in different quarters; and sometimes, when the danger was
very pressing, both consuls commanded the armies against one and
the same enemy. If it was deemed advisable, the imperium of one or
of both consuls was prolonged for the particular province in which
they were engaged, in which case they had the title of proconsuls
[PROCONSUL], and their successors either remained at Rome, or were
engaged in other quarters. During the latter period of the republic
the consuls remained at Rome during the time of their office, and
on its expiration they had a foreign province (in the real sense
of the word) assigned to them, where they undertook either the
peaceful administration, or carried on war against internal or
external enemies. While in their provinces, both the consuls and
proconsuls had the power of life and death over the provincials, for
they were looked upon there as the chief military commanders; and
the provincials, being _peregrini_, did not enjoy the privileges
of Roman citizens. 3. The supreme jurisdiction was part of the
consular imperium, and as such vested in the consuls so long as
there were no praetors. In civil cases they administered justice
to the patricians as well as plebeians, either acting themselves
as _judices_, or appointing others as _judices_ and _arbitri_. In
criminal cases there appears from early times to have been this
difference: that patricians charged with capital offences were tried
by the curies, while the plebeians came under the jurisdiction of
the consuls, whose power, however, was in this case rather limited,
partly by the intercession of the tribunes of the people, and partly
by the right of appeal (_provocatio_) from the sentence of the
consuls. The consuls might, further, summon any citizen before their
tribunal, and, in case of disobedience, seize him (_prendere_),
and fine him up to a certain amount. After the institution of the
praetorship, the consuls no longer possessed any regular ordinary
jurisdiction; and whenever they exercised it, it was an exception
to the general custom, and only by a special command of the senate.
4. Previous to the institution of the censorship the consuls had to
perform all the functions which afterwards belonged to the censors:
they were accordingly the highest officers of finance, held the
census, drew up the lists of the senators, equites, &c. After the
establishment of the censorship they still retained the general
superintendence of the public economy, inasmuch as they had the
keys of the _aerarium_, and as the quaestors or paymasters were
dependent on them. But still in the management of the finances the
consuls were at all times under the control of the senate. 5. In all
relations with foreign states the consuls were the representatives
of the Roman republic. Hence they might conclude peace or treaties
with foreign nations, which had, however, to be sanctioned by the
senate and people at Rome; and unless this sanction was obtained a
treaty was void. They received foreign ambassadors, and introduced
them into the senate, and in short all negotiations with foreign
princes or nations passed through their hands. 6. In matters
connected with their own official functions, the consuls, like all
other magistrates, had the power of issuing proclamations or orders
(_edicta_), which might be binding either for the occasion only, or
remain in force permanently.--Although the consular power had been
gradually diminished, it was in cases of imminent danger restored to
its original and full extent, by a decree of the senate calling upon
the consuls _videant ne quid res publica detrimenti capiat_. In such
cases the consuls received sovereign power, but they were responsible
for the manner in which they had exercised it.--It has already been
observed, that to avoid collision and confusion, the two consuls did
not possess the same power at the same time, but that each had the
imperium every other month. The one who possessed it, as the _consul
major_, exercised all the rights of the office, though he always
consulted his colleague. In the earliest times it was customary for
the elder of the two consuls to take the imperium first, afterwards
the one who had had the greater number of votes at the election, and
had therefore been proclaimed (_renuntiare_) first. In the time of
Augustus it was enacted that the consul who had most children should
take precedence of the other; and some distinction of rank continued
to be observed down to the latest times of the empire.--Towards the
end of the republic the consulship lost its power and importance. The
first severe blow it received was from Julius Caesar, the dictator,
for he received the consulship in addition to his dictatorship, or
he arbitrarily ordered others to be elected, who were mere nominal
officers, and were allowed to do nothing without his sanction. He
himself was elected consul at first for five, then for ten years, and
at last for life. Under Augustus the consulship was a mere shadow
of what it had been: the consuls no longer held their office for a
whole year, but usually for a few months only; and hence it happened
that sometimes one year saw six, twelve, or even twenty-five consuls.
Those who were elected the first in the year ranked higher than the
rest, and their names alone were used to mark the year, according to
the ancient custom of the Romans of marking the date of an event by
the names of the consuls of the year in which the event occurred.
During the last period of the empire it became the practice to have
titular or honorary consuls, who were elected by the senate and
confirmed by the emperor. Constantine appointed two consuls, one
for Rome and another for Constantinople, who held their office for a
whole year, and whose functions were only those of chief justices.
All the other consuls were designated as _honorarii_ or _consulares_.
But though the consulship had thus become almost an empty title, it
was still regarded as the highest dignity in the empire, and as the
object of the greatest ambition. It was connected with very great
expenses, partly on account of the public games which a consul had
to provide, and partly on account of the large donations he had to
make to the people. The last consul at Rome was Decimus Theodorus
Paulinus, A.D. 536, and at Constantinople, Flavius Basilius junior,
A.D. 541.
CONSŬLARIS, signified, under the republic, a person who had held the
office of consul; but under the empire, it was the title of many
magistrates and public officers, who enjoyed the insignia of consular
dignity, without having filled the office of consul. Thus we find
commanders of armies and governors of provinces called _Consulares_
under the empire.
CONTĬO, a contraction for _conventio_, that is, a meeting, or a
_conventus_. In the technical sense, however, a contio was an
assembly of the people at Rome convened by a magistrate for the
purpose of making the people acquainted with measures which were
to be brought before the next comitia, and of working upon them
either to support or oppose the measure. But no question of any kind
could be decided by a contio, and this constitutes the difference
between contiones and comitia. Still contiones were also convened
for other purposes, _e.g._ of persuading the people to take part in
a war, or of bringing complaints against a party in the republic.
Every magistrate had the right to convene contiones, but it was most
frequently exercised by the consuls and tribunes, and the latter more
especially exercised a great influence over the people in and through
these contiones. A magistrate who was higher in rank than the one who
had convened a contio, had the right to order the people to disperse,
if he disapproved of the object. It should be remarked, that the term
contio is also used to designate the speeches and harangues addressed
to the people in an assembly, and that in a loose mode of speaking,
contio denotes any assembly of the people.
CONTŬBERNĀLES (σύσκηνοι), signified originally men who served in
the same army and lived in the same tent. The word is derived from
_taberna_ (afterwards _tabernaculum_), which was the original name
for a military tent, as it was made of boards (_tabulae_). Each tent
was occupied by ten soldiers (_contubernales_), with a subordinate
officer at their head, who was called _decanus_, and in later times
_caput contubernii_. Young Romans of illustrious families used to
accompany a distinguished general on his expeditions, or to his
province, for the purpose of gaining under his superintendence a
practical training in the art of war, or in the administration of
public affairs, and were, like soldiers living in the same tent,
called his _contubernales_. In a still wider sense, the name
_contubernales_ was applied to persons connected by ties of intimate
friendship, and living under the same roof; and hence, when a freeman
and a slave, or two slaves, who were not allowed to contract a legal
marriage, lived together as husband and wife, they were called
_contubernales_; and their connection, as well as their place of
residence, _contubernium_.