one and indivisible -imperium-. A first step was already taken in
this direction by the institution of the standing collateral offices,
particularly the quaestorship;(14) it was completely carried out by
the Licinian laws (387), which prescribed the functions of the three
supreme magistrates, and assigned administration and the conduct of
war to the two first, and the management of justice to the third. But
the change did not stop here. The consuls, although they were in law
wholly and everywhere co-ordinate, naturally from the earliest times
divided between them in practice the different departments of duty
(-provinciae-). Originally this was done simply by mutual concert, or
in default of it by casting lots; but by degrees the other constituent
authorities in the commonwealth interfered with this practical
definition of functions. It became usual for the senate to define
annually the spheres of duty; and, while it did not directly
distribute them among the co-ordinate magistrates, it exercised
decided influence on the personal distribution by advice and request.
In an extreme case the senate doubtless obtained a decree of the
community, definitively to settle the question of distribution;(15)
the government, however, very seldom employed this dangerous
expedient. Further, the most important affairs, such as the
concluding of peace, were withdrawn from the consuls, and they
were in such matters obliged to have recourse to the senate and
to act according to its instructions. Lastly, in cases of extremity
the senate could at any time suspend the consuls from office; for,
according to an usage never established by law but never violated
in practice, the creation of a dictatorship depended simply upon
the resolution of the senate, and the fixing of the person to be
nominated, although constitutionally vested in the nominating
consul, really under ordinary circumstances lay with the senate.