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1 - Of order in general

Published online by Cambridge University Press:  05 June 2012

Howell A. Lloyd
Affiliation:
University of Hull
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Summary

1. Two modern jurisconsults have engaged in a great debate as to whether the Roman senate was an order or else a company of officers. Budé says that it was an order, on the grounds that in law and in other fine books it is always termed ‘the most honourable order’ and the senators are never called officers or magistrates. Cagnolus takes him up on this, supporting Accursius and the ancient doctors who share his own opinion. These, misled by the usage of their time, have agreed that the Roman senate was a body of officers.

2. Much the same difficulty occurs with the dignity of decurions, that is, the town councillors of the Roman Empire. In law this is sometimes called an ‘order’ and sometimes an ‘honour’, meaning an office of a town or commonwealth: ‘For an honour is an administrative position in a commonwealth with the rank of dignity’, says Callistratus.

3. Now it is only order that I have left to consider, the nature of office having been sufficiently explained in my Offices. Order, then, to which this book is devoted, is a species of dignity, or honourable quality, which appertains in the same way and by the same name to several persons. It does not of itself ascribe to them any particular public power; but, beyond the rank which it gives them, it brings them a particular aptitude and capacity to attain either offices or lordships.

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Publisher: Cambridge University Press
Print publication year: 1994

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