FRANCISCO PINA POLO (ed.)
THE TRIUMVIRAL
PERIOD
CIVIL WAR, POLITICAL CRISIS
AND SOCIOECONOMIC
TRANSFORMATIONS
EDITORIAL UNIVERSIDAD DE SEVILL A
PRENSAS DE L A UNIVERSIDAD DE ZARAGOZA
THE TRIUMVIRAL PERIOD:
CIVIL WAR, POLITICAL CRISIS
AND SOCIOECONOMIC
TRANSFORMATIONS
Francisco Pina Polo (ed.)
EDITORIAL UNIVERSIDAD DE SEVILL A
PRENSAS DE L A UNIVERSIDAD DE ZAR AGOZA
Dirección de la Colección:
Francisco Pina Polo (Univ. Zaragoza)
Cristina Rosillo López (Univ. Pablo de Olavide, Sevilla)
Antonio Caballos Rufino (Univ. Sevilla)
Consejo Editorial:
Antonio Caballos Rufino (Sevilla), Antonio Duplá Ansuátegui (Vitoria), Enrique García Riaza
(Palma de Mallorca), Pedro López Barja de Quiroga (Santiago de Compostela), Ana Mayorgas
Rodríguez (Madrid), Antoni Ñaco del Hoyo (Girona), Francisco Pina Polo (Zaragoza), Cristina Rosillo
López (Sevilla), Elena Torrregaray Pagola (Vitoria), Fernando Wulff Alonso (Málaga)
Comité Científico:
Alfonso Álvarez-Ossorio (Sevilla), Valentina Arena (Londres), Catalina Balmaceda (Santiago de
Chile), Nathalie Barrandon (Reims), Hans Beck (Munster), Henriette van der Blom (Birmingham),
Wolfgang Blösel (Duisburgo), François Cadiou (Burdeos), Cyril Courrier (Aix-en-Provence/Marsella),
Alejandro Díaz Fernández (Málaga), Harriet Flower (Princeton), Estela García Fernández (Madrid),
Marta García Morcillo (Roehampton), Karl-Joachim Hölkeskamp (Colonia), Michel Humm (Estrasburgo), Frédéric Hurlet (Nanterre-París), Martin Jehne (Dresde), Carsten Hjort Lange (Aalborg),
Robert Morstein-Marx (Santa Bárbara), Henrik Mouritsen (Londres), Sylvie Pittia (París), Jonathan
Prag (Oxford), Francesca Rohr Vio (Venecia), Amy Russell (Durham), Manuel Salinas de Frías (Salamanca), Eduardo Sánchez Moreno (Madrid), Pierre Sánchez (Ginebra), Catherine Steel (Glasgow),
Elisabetta Todisco (Bari), W. Jeffrey Tatum (Wellington), Frederik Vervaet (Melbourne), Kathryn
Welch (Sidney)
© Francisco Pina Polo
© De la presente edición, Prensas de la Universidad de Zaragoza
(Vicerrectorado de Cultura y Proyección Social) y Editorial Universidad de Sevilla
1.ª edición, 2020
Proyecto “El período triunviral y la disolución de la República
romana (43-31 a.C.): cambios institucionales, sociales y económicos” (HAR2017-82383. Agencia Estatal de Investigación).
Colección Libera Res Publica, n.º 2
Prensas de la Universidad de Zaragoza. Edificio de Ciencias Geológicas, c/ Pedro Cerbuna, 12,
50009 Zaragoza, España. Tel.: 976 761 330. Fax: 976 761 063
puz@unizar.es
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Editorial Universidad de Sevilla, c/ Porvenir, 27, 41013 Sevilla, España. Tel.: 954 487 447
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Impreso en España
Imprime: Servicio de Publicaciones. Universidad de Zaragoza
ISBN: 78-84-1340-097-6
This book is dedicated to the memory of Fergus Millar
CONTENTS
INTRODUCTION
Francisco Pina Polo...................................................................................
13
I.
CONTINUITY AND CHANGE: INTERACTIONS BETWEEN
TRIUMVIRAL AND REPUBLICAN INSTITUTIONS
The Triumvirate Rei Publicae Constituendae:
Political and Constitutional Aspects
Frederik Juliaan Vervaet ...........................................................................
The Functioning of the Republican Institutions under the Triumvirs
Francisco Pina Polo...................................................................................
Senatorum ... incondita turba (Suet. Aug. 35.1). Was the Senate Composed so
as to Ensure its Compliance?
Marie-Claire Ferriès .................................................................................
23
49
71
II.
WAR AND PEACE
The Notion of Bellum Civile in the Last Century of the Republic
Valentina Arena .......................................................................................
Civil War and the (Almost) Forgotten Pact of Brundisium
Carsten Hjort Lange .................................................................................
A Framework of Negotiation and Reconciliation in the Triumviral period
Hannah Cornwell .....................................................................................
101
127
149
Children for the Family, Children for the State: Attitudes towards and the
Handling of Offspring during the Triumvirate
Francesca Rohr Vio ...................................................................................
171
III.
STRATEGIES OF POLITICAL COMMUNICATION
The Intersection of Oratory and Institutional Change
Catherine Steel ........................................................................................
Invectivity in the City of Rome in the Caesarian and Triumviral periods
Martin Jehne ............................................................................................
Fear in the City during the Triumviral Period: The Expression and
Exploitation of a Politic Emotion
Frédéric Hurlet .........................................................................................
The Reception of Octavian’s Oratory and Public Communication in the
Imperial Period
Henriette van der Blom .............................................................................
Information Exchange and Political Communication in the Triumviral Period:
Some Remarks on Means and Methods
Enrique García Riaza ...............................................................................
Marcus Antonius: Words and Images
Kathryn Welch..........................................................................................
195
209
229
249
281
301
IV.
CRISIS AND RESTORATION AT ROME AND IN ITALY
Consumption, Construction, and Conflagration: The Archaeology of
Socio-political Change in the Triumviral Period
Dominik Maschek .....................................................................................
The Socio-political Experience of the Italians during the Triumviral Period
Cristina Rosillo-López ...............................................................................
Hasta infinita? Financial Strategies in the Triumviral Period
Marta García Morcillo .............................................................................
327
353
379
V.
THE TRIUMVIRS AND THE PROVINCES
Provinces and Provincial Command during the Triumvirate: Hispania as a
Study Case
Alejandro Díaz Fernández ........................................................................
401
Triumviral Documents from the Greek East
Andrea Raggi............................................................................................
Antonius and Athens
W. Jeffrey Tatum ......................................................................................
431
451
VI.
CONCLUSION
Law, Violence and Trauma in the Triumviral Period
Clifford Ando ...........................................................................................
477
INDEX OF ANCIENT NAMES ...............................................................
INDEX OF SUBJECTS ..............................................................................
495
503
THE FUNCTIONING OF THE REPUBLICAN
INSTITUTIONS UNDER THE TRIUMVIRS
Francisco Pina Polo
Universidad de Zaragoza / Grupo Hiberus
franpina@unizar.es
I
In 28-27, shortly before he became Augustus, Octavian affirmed his
intention to carry out the restitutio rei publicae. With this purpose in mind, he
reintroduced a series of forgotten institutional procedures that could give the
impression that normality and Republican legality had returned to Rome.
The ancient sources not only tell us that this restoration took place, but
also provide some details about how it was implemented. In his Res Gestae
Octavian himself states that the restoration took place during his sixth and
seventh consulships, which he shared with Agrippa: in consulatu sexto et
septimo… rem publicam ex mea potestate in senatus populique Romani arbitrium
transtuli (“in my sixth and seventh consulships… I transferred the Republic
from my own power to the will of the senate and the Roman people”).1 Tacitus
confirms that Octavian, when he felt that his power was secure in his sixth
consulate, abolished the (irregular) measures the Triumvirs had put in place
and in their place established laws that made it possible to live in peace.2
* Project The Triumviral period and the collapse of the Roman Republic (43-31 BC):
institutional, social and economical transformation (HAR2017-82383. Ministerio de Ciencia,
Innovación y Universidades, Spanish Government).
1 RGDA 34.
2 Tac. Ann. 3.28.2: sexto demum consulatu Caesar Augustus, potentiae securus, quae
triumviratu iusserat abolevit deditque iura quis pace et principe uteremur. Cf. Dio Cass. 53.2.5.
50
francisco pina polo
Cassius Dio also affirms that during his sixth consulate in 28 Octavian
reinstated traditional rules. The Greek author specifies the measures taken by
Octavian, who, on one hand, reinstated the alternating possession of the
fasces between the two consuls, which in the previous years had been
exclusively in the hands of the Triumvirs. This change visually represented
that the consuls once again exercised their power collegially.3 At the end of his
sixth consulship, on the other hand, Octavian, Cassius Dio adds, took the
traditional oath, presumably in a contio, that he had respected the laws, an act
whose relevance was especially noteworthy in the year of restitutio.4 Finally,
the legend found on the reverse of an aureus minted in 28 speaks to Octavian’s
programme and demonstrates the importance that it was lent: LEGES ET
IVRA P R RESTITVIT (“he restored the laws and rights of the Roman
people”).5
The restoration of the res publica must have taken the form of one or
several edicts,6 in which various measures of public and private law were
adopted.7 In the political field, Octavian stopped handpicking magistrates
years in advance, something which the Triumvirs had done, and returned to
the Roman people their elective duties. He also gave the senate back the job
of drawing the provincial proconsuls. It is beyond dispute that from 28
onwards all the magistrates were again elected in comitia, as well as that
between 28 and 5 BC there were only ordinary consuls and no consules suffecti,
except in extraordinary situations when one of the ordinarii had to be replaced,
just as had happened throughout the Republic. In short, Octavian formally
recognized popular sovereignty and the rule of law in Rome, thus allowing for
a return to political normality. This stood in contrast to the exceptionality of
the Triumvirate.8
3 Cf. Vervaet 2014: 32-33; Dalla Rosa 2015a: 558.
4 Dio Cass. 53.1.1-2: τότε μὲν ταῦτ᾽ ἐγένετο, τῷ δὲ ἑξῆς ἔτει ἕκτον ὁ Καῖσαρ ἦρξε, καὶ τά
τε ἄλλα κατὰ τὸ νομιζόμενον ἀπὸ τοῦ πάνυ ἀρχαίου ἐποίησε, καὶ τοὺς φακέλους τῶν ῥάβδων τῷ
Ἀγρίππᾳ συνάρχοντί οἱ κατὰ τὸ ἐπιβάλλον παρέδωκεν, αὐτός τε ταῖς ἑτέραις ἐχρήσατο, καὶ
διάρξας τὸν ὅρκον κατὰ τὰ πάτρια ἐπήγαγε.
5 Mantovani 2008, Vervaet 2010 and Dalla Rosa 2015b. Rich – Williams 1999 defend
the reading “he restored to the Roman People laws and rights”. See also Suspène 2009 (with
further bibliography). Octavian’s garlanded head appears on the obverse; on the reverse a
togate Octavian is seated on a sella curulis, holding a scroll in his right hand.
6 Dio Cass. 53.2.5. Cf. Mantovani 2008; Pellecchi 2015: 464-465; Dalla Rosa 2015b: 187.
7 Dio Cass. 53.2.3.
8 Hurlet – Mineo 2009b: 17. On res publica restituta see also Ferrary 2003; Le Doze
2015.
the functioning of the republican institutions
51
We should not analyse these events in the light of what happened years
later, when the Principate progressively asserted itself as a de facto monarchy:
historians know what happened next, but the inhabitants of Rome and the
Empire could not have known what would later unfold. The point to stress is
that for a few years, despite Augustus’ rule, it would have surely been possible
– even if a bit optimistic – to believe that in Rome the res publica had indeed
been restored, a sentiment that would have been buttressed by Augustus’
frequent absences from the city.9
Restitutio rei publicae should not be considered, therefore, as nothing
more than a propagandistic slogan in 28-27, but rather as a desirable and
much-awaited policy that could lead to stability in Rome. In other words,
there was a palpable desire for restoration, which was undoubtedly shared by
large sections of Roman-Italian society that was fed up with wars, violence as
well as political and social instability. In several passages Appian, who is more
concerned with social issues than Cassius Dio, reflects on the socioeconomic
chaos experienced in Italy during the Triumviral age: war, conscription, the
running away of slaves, the pillage of fields, a plummet in agricultural
productivity, an increase in famine, etc.10 Other chapters in this volume deal
with the socio-economic damage that Romans and Italians suffered during
the period.11 In the context of the present chapter, I am particularly interested
in the institutional aspects, for which our main – and sometimes only – source
of information is Cassius Dio. The abovementioned actions that Octavian
undertook in 28-27 show that there were valid grounds on which one could
argue that institutional restoration did indeed take place, in light of the slew
of illegal or irregular events that had occurred in the years prior to Actium.12
9 Hurlet 2009: 84: “la restauration de la Res publica constitue une réalité si l’on analyse
la situation à Rome dans le courant des années 20. À l’issue d’un processus qui commença le
1er janvier 28 pour s’achever avec la ou les séance(s) de janvier 27 relative(s) au gouvernement
des provinces, l’État romain redevint un État de droit qui mit un terme aux pratiques
triumvirales et subordonna le fonctionnement des institutions politiques au strict respect de
règles d’essence républicaine.”
10 See App. B Civ. 5.74 (cf. 4.13-15; 5.67-68; 5.132). On the social perspective in
Appian’s narrative – something absent from Cassius Dio’s, which focuses more on political
issues –, see Gowing 1992: 36-37.
11 See in this volume the articles of Maschek, García Morcillo and Rosillo-López.
12 In this context of restoration, Octavian also took care of promoting necessary economic
reconstruction. Cassius Dio (53.22.1) reports that many of the roads in Italy were in very poor
condition due to lack of maintenance over the previous years. Consequently, Octavian ordered
various senators to repair them at their own expense, and he himself looked after the via
francisco pina polo
52
Fergus Millar, however, came to the conclusion that one can legitimately
speak of institutional normality during the Triumviral period.13 To what
extent did such normality actually exist? To what extent, in contrast, can we
speak of institutional exceptionality throughout this period?14
II
Let us start with the facts that cast light on the exceptionality and
irregularity of the Triumviral period vis-à-vis the normal functioning of
Republican institutions. In this regard, an obvious place to begin is the use that
the Triumvirs made of magistracies and priestly colleges as a mechanism for
rewarding their loyal followers.15 Consequently, Triumviral control of the
magistracies was detrimental to many traditional aristocratic families and, at
the same time, allowed for more than ever before homines novi to gain access to
the elite by the mere virtue of holding an office. The power of the Triumvirs to
appoint magistrates (and priests), on the one hand, took away from the people
– whether totally or partially – one of their main prerogatives: the election of
magistrates in comitia.16 On the other hand, direct appointment eliminated
competition between members of the aristocracy, a type of competition that
had been one of the bases of the Republican system: this must have been a
consequential shock to an aristocracy whose existence was essentially predicated
on internal competition and choice of the people in elections.17
Flaminia. Years later Augustus personally assumed the responsibility for the roads, though he
appointed praetorii to take charge of the details (Dio Cass. 54.8.4). Cf. Eck 1979: 25.
13 Millar 1973: 54.
14 In the present context, I can only focus on the institutions whose activities were
carried in Rome and must, therefore, exclude the provinces from the present discussion.
15 On the Triumviral prerogatives in general, see Vervaet’s chapter in this volume.
16 Cf. Laffi 1993: 53-54.
17 Cf. Hölkeskamp 2010: 98-106. When Cassius Dio asserts that the Romans were
uneasy about the continuous coming and going of magistrates every year (Dio Cass. 48.53.12, see below), one may wonder whether discontent was general or whether it focused in
particular on the (traditional) aristocracy, for whom the avenues of political promotion
depended exclusively on the three rulers of Rome. On the other hand, we know that in the 30s
there seems to have been an endemic lack of aediles: in 36 there were no aediles due to a lack
of candidates, and so praetors and tribunes had to absorb their functions (Dio Cass. 49.16.2),
and in 33 Agrippa agreed to be the sole aedile, again due to a lack of candidates (Dio Cass.
49.43.1). The dearth of aediles may have been partially due to the economic burdens inherent
in holding the office (see, for example, the enormous – albeit exceptional – costs that Agrippa
incurred during his term of office); cf. Daguet-Gagey 2015: 80-81. However, another reason
the functioning of the republican institutions
53
However, it is not clear – and perhaps unlikely – that the Triumvirs always
appointed all magistrates at all levels. In other words, it is possible that
elections continued to take place,18 although we must note the lack of any
indication that election ‘campaigns’ or competition between candidates
happened in this period. We do know of the case of Oppius, who, according
to Appian, was elected aedile by the people, which helped him to cover the
expenses of his office since the proscriptions had robbed him of all his
property.19 Appian’s account clearly suggests that the people somehow
intervened in Oppius’ election, but we cannot conclude whether this was
merely a meaningless confirmation ritual for an appointment previously
decided upon by the Triumvirs. Be that as it may, this episode remains an
isolated case in our sources, and in no way allows us to conclude that the
elections continued to be held on a regular basis between 43 and 31 BC.
In the agreement between Lepidus, Antonius and the young Caesar
that gave rise to the formation of the Triumvirate, there was a special
stipulation concerning the Triumvirs’ role in appointing all magistrates
whom they considered appropriate, a provision that must have been
included in the lex Titia, which legally created the Triumvirate.20 As a
consequence, we have a good deal of evidence concerning the appointments
for the shortage may have been that it was no longer worth bearing the expenses entailed in
that office when future promotion to other magistracies depended not on popularity among
the people, but on the will of the Triumvirs. In order to solve these problems related to the
recruitment of aediles, Octavian handed over their functions to the praetors in 28.
18 Millar 1973: 52: “there remain a few indications that the ritual of the elections
continued, and even that some places were filled by election.” In his speech to his soldiers in
42, Cassius asserts that no magistrate (whether praetor, consul or tribune) was elected any
longer (App. B Civ. 4.93). This statement must, however, be understood in the context of the
initial phase of the Triumvirate and civil wars.
19 App. B Civ. 4.41. Cf. Millar 1973: 53. According to Cassius Dio (49.16.2), in 36
there were no aediles due to a lack of candidates, but this does not necessarily imply that they
were candidates in popular elections. However, we do have proof that the elections still took
place in the year 43, at the time when the Triumvirate began to wield its power. According
to Appian (B Civ. 4.18; cf. Val. Max. 9.11.6), an individual who canvassed for the questorship
denounced his father (L. Villius Annalis), a praetor who was one of the proscripted. In return
he received his father’s fortune and was directly appointed aedile by the Triumvirs (not
quaestor), which shows their willingness to intervene in the appointment of magistrates from
practically the beginning of their rule. In fact, this episode indicates the pre-eminence and
arbitrariness of the Triumvirs in the institutional sphere.
20 Dio Cass. 46.55.3; App. B Civ. 4.2.7. Cf. Frei-Stolba 1967: 81-83; Fadinger 1969:
35-36; Laffi 1993: 45-47.
54
francisco pina polo
carried out directly by the Triumvirs. As a matter of fact, we have evidence
that they designated consuls,21 praetors,22 aediles,23 quaestors,24 urban
praefects,25 priests26 and senators.27
Many of these appointments were carried out under extraordinary
conditions and without any respect for traditional norms or the law, regarding
questions like the number of magistrates, term limits or age requirements.
While the number of magistrates – except in the case of the consulship – had
increased throughout the Republic, there was an established number for every
office each year. This regulation disappeared in practice during the Triumviral
age, when the number of magistrates increased at the whim of the Triumvirs,
even disproportionately: this was the case in 38, when sixty-seven praetors
were appointed and held office throughout the year.28 As a general consequence,
the magistracies lost their annual nature and were not held for a set amount
of time. Already in 43, within the framework of the proscriptions, the
Triumvirs removed all the praetors from office, even though they only had
five days left to serve, and in their place they appointed substitutes for the
short period of time that remained.29 Likewise, in the year 40 Antonius and
Octavian dismissed all the consuls and praetors, although the end of the year
was very near, and appointed others in their place to hold the position for
only a few days. L. Cornelius Balbus was among the new consuls. Not only
that, but when an aedile died on the last day of the year the Triumvirs chose
and designated a substitute for only a few hours.30 And this was not the only
instance of this happening: when a praetor died on the last day of the year 33,
21 Dio Cass. 47.15.2 (in 43 Ventidius); 48.32.1 (year 40); 48.35.1-2 (year 39); 50.10.1
(year 31).
22 Dio Cass. 47.15.1-3; 48.43.2.
23 Dio Cass. 48.32.3.
24 Dio Cass. 48.43.2.
25 Dio Cass. 49.42.1.
26 Dio Cass. 47.15.1; 49.16.1; App. B Civ. 4.5.1.
27 Dio Cass. 48.34.4.
28 Dio Cass. 48.43.2. There were also institutional innovations, such as the fact that the
consuls of 38 were the first to have two quaestors each (Dio Cass. 48.43.1).
29 Cf. Dio Cass. 47.15.3. When the young Caesar became a triumvir in 43, he left the
consulship and was replaced by Ventidius, who until then had held the praetorship. This
happened instead of electing a suffect consul, as would have been legal. In turn, an aedile
replaced Ventidius as praetor (cf. Daguet-Gagey 2015: 86). Both promotions without
elections were irregular.
30 Dio Cass. 48.32.1-3. On the aedile, see Daguet-Gagey 2015: 86.
the functioning of the republican institutions
55
the young Caesar likewise appointed a substitute for just a few hours.31
Speaking of events from 37, Cassius Dio asserts that the citizens in Rome were
annoyed by the constant changes that took place in the magistracies, since
consuls, praetors and quaestors were constantly replacing each other in the
offices. Cassius Dio explains that for many it was important just to hold a
magistracy – even if for only a very short time – simply because they could
then say that they had held that honos, which opened up the possibility of
holding other offices outside Italy. In fact, it was not unusual to accept a
magistracy only to resign it on the same day, always with the approval of the
Triumvirs of course.32
Similarly, it was not unusual for the age requirements for holding an
office to be ignored. Thus, a boy was designated quaestor in 38,33 and in 34
children chosen among the equites were named urban prefects during the
celebration of the Feriae Latinae, which continued to be held (see below).34
Ultimately, the impression obtained from all these examples is that the tenure
of the magistracies depended on the will, or rather the whim, of the Triumvirs,
and in particular of Octavian, who was present in the Urbs. So, it is no surprise
that in 33, when the praetor L. Asellius resigned from the office due to illness,
Octavian simply replaced him with his son, as if the office had suddenly
become hereditary.35
Cassius Dio tends to paint a picture of absolute institutional disorder,
and the senate is no exception.36 He claims that the Triumvirs enrolled a
large number of new members in the senate (it can be assumed that the lex
Titia would have given the Triumvirs that power), but his main criticism
deals with the origins of the new senators: not only were Italians and soldiers
enrolled, but the sons of freedmen and even slaves were as well.37 For Cassius
Dio, this fact that slaves could infiltrate the senatorial order and hold
magistracies serves as the coup de grâce in his depiction of the chaos of the
31 Dio Cass. 49.43.7.
32 Dio Cass. 48.53.1-2.
33 Dio Cass. 48.43.2.
34 Dio Cass. 49.42.1. It should be noted that the prefects were appointed by the
Triumvir Octavian, not by the consuls as had previously been the norm.
35 Dio Cass. 49.43.7.
36 See Ferriès’ chapter in this volume.
37 When Octavian exercised censorial prerogatives in 29-28 with Agrippa, he undertook
a thorough review of the composition of the senate. As a result he removed dozens of senators
(Dio Cass. 52.42).
56
francisco pina polo
period. He mentions a Maximus, whom his master recognized when the
slave was aspiring to hold a quaestorship, and another slave even reached the
praetorship, though upon being discovered he was summarily condemned
to death.38
The Triumvirs not only appointed magistrates, they did so for several
years in advance, which automatically marginalized the people and rendered
elections toothless. In 39 the Triumvirs appointed among their followers the
consuls for several years in advance.39 In addition to designating two annual
consuls, as had been the custom, they appointed others, establishing the
difference between consules ordinarii and consules suffecti.40 At the end of 40,
suffect consuls had already been appointed for a short period of time, but
since 39 a permanent system was established for the rest of the Triumviral
period: two ordinary consuls at the beginning of each year, replaced in the
following months by a varying number of suffect consuls (up to four in 34
and six in 33). In practice, this meant that no consul held office for a full year,
and that many of the suffect consuls barely held office for a few months or
even just a few weeks.
From a political point of view, the unusual proliferation of consuls could
be used to consolidate support and reward a large number of loyal followers,
many of whom were members of families that, until that moment in history,
had been inconspicuous in Rome and some of whom came from Italian
towns. From a constitutional point of view, the consulship remained formally
the highest annual magistracy and was still a token of status. This apparent
continuity gave the impression that Republican institutions had been
preserved. In practice, however, the consulship became a second-class
38 Dio Cass. 48.34.4-5. On (Vibius) Maximus, see Syme 1955: 57. Cf. Pina Polo 2014.
Cassius Dio uses almost exactly the same words and makes the same criticisms when he
speaks of the new senators appointed by Caesar (Dio Cass. 43.47.3). Ultimately, Cassius Dio
disapproves of lowborn, undeserving individuals who entered the senate. Cf. Gowing 1992:
25 n.15.
39 Dio Cass. 48.35.1-2. Cf. App. B Civ. 5.73. Cassius Dio’s suggestion that consuls were
appointed eight years in advance is dubious. Appian leaves out the appointment of the
consuls of previous years and only mentions the designation of the regular consuls for the
four years between 34 and 31. See Welch 2012: 243-244 (for another viewpoint, see Vervaet
2010, 84-87 and 96-97, as well as in his chapter in this volume). Be that as it may, it is a fact
that ordinary and suffect consuls were appointed by the Triumvirs, and not elected by the
people in comitia for the years between 39 and 31.
40 On the suffect consulship during the Triumviral period, see Pina Polo 2018.
the functioning of the republican institutions
57
magistracy under the Triumvirate’s thumb.41 On the one hand, the fact that
the appointment of consuls depended on the will of the Triumvirs and not on
the popular vote clearly and emphatically revealed the inferiority of the
consulship. On the other hand, the multiplication of the number of consuls
each year, eliminating de facto the traditional annual limits of the office,
reduced its authority and depreciated the consulship in relation to the
Triumvirs, who held the real power.42 While the suffect consulship had existed
throughout the Republic as a constitutional mechanism to replace dead or
incapacitated consuls, during the Triumviral period it was used as a political
instrument, since suffect consuls replaced consuls that did not need a
substitute. This change perverted the meaning of the institution. This
irregularity was so evident that is easy to understand why Octavian’s decision
in 28 to suppress the suffect consuls could be seen as a sign of a return to
Republican normality. When in 5 BC Augustus re-established the suffect
consulship on a regular basis, political circumstances had shifted and the
Princeps needed a way to reward those who had proven their loyalty, just as
the Triumvirs had done decades before.
One of the consequences of the Triumvirs appointing magistrates for
several years in advance was that many people could hold the title of magistrates
designate for years, which conferred a certain political status, even within the
senate.43 Obviously, this was yet another irregularity, since until then a
magistrate was only considered designate from the moment he was proclaimed
the winner in the elections until he took office, that is, for a few weeks or
months. Now, this status could be held for years from the time an individual
was appointed by the Triumvirs until he actually took office. And some
inscriptions and coins show that these people did indeed use the title of
designate as part of their official cursus honorum.
According to Cassius Dio, the Pact of Misenum signed in 39 between
Sextus Pompeius and the Triumvirs established that Pompeius would be
consul some years later and that some of those under his command would be
appointed tribunes, praetors and members of priestly colleges.44 For that
reason, over the next several years, Sextus Pompeius was officially consul
41
42
43
44
See Pina Polo forthcoming.
Pina Polo 2018: 112-113.
On consules designati, see Pina Polo 2013. Cf. Frolov 2018.
Dio Cass. 48.36.4.
58
francisco pina polo
designatus and augur designatus, but in fact he did not hold the consulship nor
was he actually inaugurated as augur.45 In an inscription of Lilybaeum in
Sicily, L. Plinius Rufus, who is called legatus pro praetore, appears to be
responsible for the construction of a gate and towers in the town.46 The
inscription is dedicated to Magnus Pompeius Pius (i.e. Sextus Pompeius),
who is given the titles of consul and augur designate. The inscription therefore
must be dated subsequent to the 39, after the Pact of Misenum had been
signed. As a legatus pro praetore, Plinius Rufus commanded the Pompeian
troops in the western part of Sicily and fought against Lepidus. After the
defeat at Naulochus, Sextus Pompeius brought Plinius Rufus to Messana, but,
once Pompeius fled the island, Plinius Rufus surrendered.47 In the inscription,
besides being referred to as legatus pro praetore Plinius Rufus presents himself
as praetor designatus. He must have been appointed praetor immediately after
the signing of the Pact of Misenum, in 39 or 38.48 Therefore, he was one of
Pompeius’ followers who received an office in advance. However, it is unlikely
that he would actually ever go on to hold the praetorship, and he must have
remained praetor designate until his surrender in 36, as is reflected in the
inscription.
In a very significant way, the title consul designatus appears for years along
with that of triumvir rei publicae constituendae (i.e. as their two official
institutional titles) on coins minted by the Triumvirs, which were, after all,
official documents with wide circulation. Antonius was consul ordinarius in
34 and was to be so again in 31. On the reverse of the coins that he minted in
38, Antonius is referred to as consul designate for the second and third time.49
We find a similar legend along with augur on the obverse of coins in 36.50 In
the years 34 and 33, however, only the legend consul designatus for the third
time appears.51 In the case of Octavian, who was consul ordinarius in 33 and
31, on his coins of 37 and 36 we find the legend consul designate for the third
45 Dio Cass. 48.54.6. Cf. Welch 2012: 184.
46 ILS 8891 = ILLRP 426: Mag. Pompeio Mag. f. Pio imp. augure cos. design. por[ta]m et
turres L. Plinius L. f. Rufus leg. pro pr. pr. des. f. c.
47 App. B Civ. 5.97-98; 5.122.
48 Welch 2012: 216.
49 Crawford RRC 534, no.533 (III · VIR · R · P · C· COS · DESIG · ITER · ET · TERT ).
50 Crawford RRC 537, no.539 (AVGVR · COS · DES · ITER · ET · TERT ).
51 Crawford RRC 538, no.541 (COS · ITER · DESIGN · TERT · III · VIR · R · P · C)
and 542 (COS · DES · III · III · V · R · P · C).
the functioning of the republican institutions
59
time.52 Nevertheless, this title was not exclusive to the Triumvirs. Marcus
Agrippa was consul ordinarius in 37. For that reason on coins minted by
Octavian in 38, Agrippa is mentioned on the reverse as consul designatus.53
In exactly the same way as they used traditional Republican magistracies,
the Triumvirs used the priestly colleges as a political instrument to reward the
greatest possible number of their loyal supporters.54 Given the high number
of vacancies in the priestly colleges that resulted from the wars and proscriptions
of the years following Caesar’s assassination,55 the Triumvirs had the ability to
make immediate nominations, whereas traditionally an aspirant to a priestly
college had to wait to be co-opted until a vacancy opened up and he had been
selected in a competition with other candidates. In the Triumviral period, this
process was entirely in the hands of the Triumvirs whether or not any given
priesthood was awarded. The difference between magistracies and priesthoods
was the fact that, while the number of priests in each college was fixed56 and
tenure was for life, the magistracies were annual, which allowed for the
successive designation of a large number of individuals on a yearly basis.
Naturally, this greatly increased the opportunity for the Triumvirs to reward
their loyal followers. Nevertheless, the priestly colleges offered the Triumvirs a
stage for institutional evergetism which was, perhaps, more modest than a
magistracy, but no less attractive from a symbolic point of view.
As we have seen, one aspect of the compromise between the different
leaders in the Pact of Misenum entailed the appointment of magistrates for
the following years, which assisted in achieving peace and stability. Given that
the pact included the large-scale nomination of new priests to the different
colleges, we can assume that it was probably in 39 that the different priestly
colleges saw the vacancies that had resulted from the conflicts of the previous
years finally filled.57 Unsurprisingly, taking into account the nature of the Pact
52 Crawford RRC 536-538, no.537, 538 and 540 (COS · ITER · ET · TER · DESIG).
53 Crawford RRC 535, no.534 (M · AGRIPPA · COS · DESIG).
54 See Pina Polo 2019b.
55 Pina Polo 2019a; 2019b: 179-181.
56 However, we know of the case of M. Valerius Messalla Corvinus, who was probably
nominated in 36 after returning from the war against Sextus Pompeius (Hofmann Lewis
1955: 41-42 and 83; Valvo 1983; Rüpke 2008: 940 no.3414). According to Cassius Dio
(49.16.1), he was nominated by Octavian despite there being no vacancy in the collegium.
This clearly indicates that the Triumvirs bequeathed priestly nominations as they pleased,
even exceeding the set number of priests in a college, if they saw fit.
57 Pina Polo 2019b: 183-186.
60
francisco pina polo
of Misenum, which tried to achieve political equilibrium between the different
individuals and groups in conflict, the new priests (like the consuls designated
at the same time) were supporters of one leader or another and only received
their new appointment because of their proven loyalty to the Triumvirs or
Sextus Pompeius. In fact, the appointment of magistrates and priests was close
linked and it is no coincidence that the majority of these new priests would
later become consuls, whether ordinary or suffect. Indeed, their appointment
as priests no doubt inherently carried a simultaneous nomination as consuls
designate, or at least the promise of a future consulship.58 As a matter of fact,
it was a constant throughout the period that the nomination of an individual
to the priesthood, irrespective of to which priestly college he was appointed,
either predated his nomination as ordinary or suffect consul, or occurred at
(roughly) the same time. That is, the social elevation that a priestly appointment
implied generally preceded the political zenith that came along with occupying
the highest Republican office.59
58 Indeed, among those who certainly or probably became priests as a consequence of
the Pact of Misenum are the following individuals who later became consuls: the ordinary
consul for 39, Marcius Censorinus (quindecimvir); the ordinary consuls for 38, Claudius
Pulcher (epulo) and Norbanus Flaccus (quindecimvir); the ordinary consuls for 37, Agrippa
(quindecimvir) and Caninius Gallus (epulo), as well as the suffect consul for the same year,
Statilius Taurus (augur); the ordinary consul for 36, Cocceius Nerva (quindecimvir); Sextus
Pompeius, who should have been ordinary consul (augur designate); the ordinary consul for
34, Scribonius Libo (epulo), and perhaps the suffect consul that same year, Paullus Aemilius
Lepidus (augur); perhaps the suffect consul for 33, Fonteius Capito (pontifex or augur); the
ordinary consul for 32, Sosius (quindecimvir); the suffect consul for 31, Cn. Pompeius
(quindecimvir); the suffect consul for 29, Potitus Valerius Messalla (quindecimvir); and the
ordinary consul for 21, Q. Aemilius Lepidus (quindecimvir). A similar succession of religious
and political offices applies in the case of Sempronius Atratinus, who was probably nominated
augur in 40, the year in which he was also suffect praetor, and who was appointed suffect
consul in 34. The same sequence occurred with later nominations: Marcus Valerius Messalla
was probably quindecimvir before being appointed suffect consul in 32; Messalla Corvinus
became a priest in 36 and was suffect consul in 31; Titius must have been nominated pontifex
prior to occupying the suffect consulship also in 31; the same occurred with Marcus Cicero,
suffect consul in 30; Sextus Apuleius was augur before becoming ordinary consul in 29; the
ordinary consul for 25, M. Junius Silanus, was nominated augur at some point in the 30s.
Cf. Pina Polo 2019b: 190.
59 Multiple examples reliably corroborate this fact, and it is very likely that this sequence
also applied in cases for which there is no chronological confirmation for the sacerdotal
appointments. This occurred from the very outset of the Triumviral period: Ventidius Bassus
was nominated pontifex at the same time as suffect consul at the end of 43, as though the
assumption of the highest office (Ventidius Bassus was praetor until that moment) necessarily
entailed also receiving the social and political accolade of priesthood. The same perhaps
the functioning of the republican institutions
61
This close relationship between political magistracies and priestly offices
is hardly surprising, since they are, in reality, two facets of the political practice
and self-representation of the social elite throughout the Republic. Probably
more than had been the case in previous times, however, during the Triumviral
period the priesthood served as a stepping stone for many homines novi who
were socially elevated by the Triumvirs to the highest offices. A nomination to
the priesthood – before assuming the highest magistracy – immediately
endowed the beneficiaries with prestige and visibility, something particularly
important for parvenus without a brilliant family history in Rome: for them,
therefore, a priesthood symbolised access to the new de facto aristocracy of
those rendering service to the Triumvirs.
III
Compared to what had been the institutional norms in the decades prior
to the Triumviral period, all of these facts were notable irregularities. The
question, however, remains whether it is possible to speak of normality in the
daily life of Roman institutions between 43 and 31.60 As had been happening
throughout the Republic, each year consuls, praetors, tribunes of the plebs,
aediles and quaestors took their office, and the priestly colleges filled their
ranks with new members when necessary. As we have seen, the aedileship
posed the main problem, since during the 30s there seems to have been an
endemic dearth of candidates for the office (see above n.17). However, their
duties remained necessary and still had to be carried out. Thus, for example,
in 36 there was no aedile, and so praetors and tribunes of the plebs needed to
perform their duties, a solution to the problem that itself constituted an
irregularity.61 In 33 there was the same issue, and Agrippa was the sole aedile
that year.62 This was naturally an extraordinary event, but Agrippa acted as a
normal aedile and performed the usual tasks required of the office, though he
spent his own money and did not take anything from the public treasury.
occurred with Lucius Cornelius Balbus, who could have been nominated pontifex in 40 at
the same time when he held the office of suffect consul. It should not be forgotten that
Caesar had also proceeded in a similar way nominating Vibius Pansa and Hirtius to the
augurship, before they became consuls in 43.
60 Cf. Laffi 1993: 55.
61 Dio Cass. 49.16.2. Likewise no prefect of the city was appointed for the Feriae
Latinae, but some of the praetors discharged his functions.
62 Dio Cass. 49.43.1.
62
francisco pina polo
Accordingly, he repaired public buildings and streets, cleaned out sewers, built
wells, fountains and reservoirs, carried out maintenance works at the circus,
distributed olive-oil and salt, furnished the baths free of charge for men and
women, etc.63 Agrippa’s aedileship clearly shows the combination of
exceptionality in his appointment as the sole person holding the magistracy,
on the one hand, and the normality of his carrying out of the duties of the
office, on the other, even when we take into account the extraordinarily high
expenses that he bore as aedile.
We also have evidence of the activities of other magistrates during the
Triumviral period.64 Agrippa himself organised the Ludi Apollinares in 40 as
urban praetor.65 The tribune of the plebs Nonius Balbus prevented the consul
Sosius in 32 from taking measures against Octavian, in what amounted to the
use of the tribunician veto and pointed forward a normal functioning of the
tribunate (however, one has to wonder if a veto that harmed the Triumvir
would have been admissible).66 The tribune P. Falcidius passed a law, according
to which the regular heirs had to receive no less than a quarter of the
inheritance, thus demonstrating the tribunician capacity for legislative
initiative.67 Q. Pedius, son of the suffect consul in 43, was an urban quaestor
in 41, as we know thanks to an inscription from the temple of Juno Lucina on
the Esquiline. The inscription indicates that Pedius was responsible for
contracting (locare) the construction of a murus of the temple for a certain
amount and for approving after inspection (probare) that the work had been
carried out properly: both are characteristic tasks of an urban quaestor.68 The
SC de Aphrodisiensibus, dated to 39, mentions the urban quaestors of this year,
whose names cannot be reconstructed.69 According to the inscription, the
63 Dio Cass. 49.43.1-5; Plin. HN 36.121.
64 The same must have happened with the religious ceremonies in which the priests of
the different collegia were involved and which must have taken place as usual. However,
Cassius Dio homes in on an exceptional fact: in 40 the pontiffs took care of the rituals that
corresponded to the septemviri, because none of these were in Rome. According to Cassius
Dio, this was also done on many other occasions afterwards (Dio Cass. 48.32.4).
65 Dio Cass. 48.20.2.
66 Dio Cass. 50.2.3.
67 Dio Cass. 48.33.5.
68 CIL 6.358 = ILS 3102 = ILLRP 160: P. Servilio L. Antonio cos. / a.d. IIII k. Sext. /
locavit Q. Pedius q. urb. / murum Iunoni Lucinae / sestertium milibus trecentis octoginta /
eidemque probavit. The high cost indicates that it was an important undertaking, possibly
related to the temple’s load-bearing walls (see Giannelli 1996).
69 See a new edition of the SC de Aphrodisiensibus in Raggi – Buongiorno, 2020.
the functioning of the republican institutions
63
consuls should instruct the urban quaestors to register the name of an
ambassador in the aerarium and to give him a sum of money.70 Again,
registering the names of foreign legates in the aerarium and taking care of
their needs during their stay (including the delivery of money) were tasks that
the urban quaestors had undertaken throughout the Republic following the
instructions of the senate and the direct orders of the consuls (as the SC
demonstrates occurred in this case as well).71
The information about consuls at work during the Triumviral period is
very limited, but it is sufficient to conclude that they continued to carry out
their traditional duties and functions in day-to-day politics (obviously under
the control and authority of the Triumvirs). Ordinary and suffect consuls – at
least some of them – must have had a certain social visibility, which surely had
a good deal to do with the presence (or lack thereof ) of the Triumvirs at
Rome: the consuls intervened in the senate, probably issued edicts,72 spoke to
the people in assemblies and performed religious tasks.
In fact we know of a few specific acts carried out by the consuls.73 With
regards to religious duties, in 40 the consuls celebrated the games that had
been vowed for the completion of the war against Brutus and Cassius.74 The
festival may have been held at the end of the year, coinciding with the presence
of Antonius and Octavian at Rome.75 The suffect consuls L. Cornelius Balbus
and P. Canidius Crassus would have presided over these games. Our sources
also tell of the festival in 34 held in honour of Venus Genetrix during the final
days of July, which was presided over by the suffect consuls Paullus Aemilius
Lepidus and C. Memmius, who had entered office on 1st July.76 Additionally,
a brief notice given by Velleius Paterculus may very well refer to the suffect
consul M. Titius in 31, who also presided over games: Titius, who, according
to Velleius, had become unpopular in Rome for having killed Pompey, was
jeered by the audience when celebrating the games he had organised in
70 SC de Aphrodisiensibus ll. 2-3; 74-76. Cf. Reynolds 1982: 66 and 88.
71 Pina Polo – Díaz Fernández 2019: 98-102.
72 For instance, in 42 the consul L. Munatius Plancus issued edicts saving some of the
proscribed (App. B Civ. 4.37 and 45).
73 See Millar 1973: 53; Pina Polo forthcoming.
74 Dio Cass. 48.32.4.
75 Sumi 2005: 197-198.
76 Dio Cass. 49.42.1. For the date at which these consuls entered office, see Salomies
1991: 192; Pina Polo 2018: 108-109. Cf. Sumi 2005: 151.
francisco pina polo
64
Pompey’s theatre.77 As for the Feriae Latinae, Cassius Dio shows that in 43 it
was still compulsory for the consuls to preside over the festival before leaving
Rome to take command of their armies.78 According to Cassius Dio, the
consuls of that year left Rome without the festival having been held, which
constituted a breach of the tradition. In 42, the prefect of the city presided
over the Latin Festival, although this task, according to Cassius Dio, did not
belong to him but to the consuls instead.79 This consular duty must have
existed over the following years under the Triumvirs.
In the second half of 34 the consul suffectus Paullus Aemilius Lepidus
dedicated the rebuilt Basilica Aemilia, which his father L. Aemilius Lepidus
Paullus had begun twenty years earlier.80 This dedication continued the
tradition, whenever it was possible, of inaugurating a public building
promoted by the same individual or by a member of his family, while he was
a consul in office: it was a means of simultaneously giving prominence to his
consulship and to the building itself, not to mention a chance to curry favour
in Rome.81
There is no reason to think that the consuls lost their ability to convene
contiones, preside over them and speak at them, that is, their potestas
contionandi. However, the only contio of the Triumviral period in which the
intervention of a consul is attested was held during the Perusine war, when
Lucius Antonius, who was wearing military garb, delivered a speech to the
people and was acclaimed imperator by the audience.82 To this can be added
an assembly in 30 (i.e. after Actium but before the restitutio rei publicae of 2827), in which the suffect consul M. Tullius Cicero announced to the people at
Rome that Antonius had died, since his death in August of that year coincided
with the months when the son of the orator was consul.83 The text of Appian
makes it clear that the consul Cicero read to the people an edict that was also
publicly displayed on the Rostra. In all probability Cicero himself was the
author of the edict, and this shows that, during the Triumviral period, the
consuls must have issued edicts, as had been the case in previous years.
77
78
79
80
81
82
83
Vell. Pat. 2.79.6. Cf. Millar 1973: 53.
Dio Cass. 46.33.4-5.
Dio Cass. 47.40.6.
Dio Cass. 49.42.2.
Cf. Pina Polo 2011: 272-273.
App. B Civ. 5.30-31; Dio Cass. 48.13.5.
App. B Civ. 4.51; Dio Cass. 51.19.4.
the functioning of the republican institutions
65
With respect to the popular assemblies, we have already seen that there
are serious doubts that the comitia continued to maintain any real authority
to elect magistrates. However, there is evidence of laws passed in comitia
during the period, which demonstrates the continuity of at least a certain
legislative activity. The known laws were promoted by consuls or tribunes of
the plebs, as had been customary throughout the Republic.84 The contiones,
on the other hand, undoubtedly continued to take place, since these meetings
were an indispensable instrument of communication with the people.
However, a different question altogether is whether these assemblies were
open to all offices, mainly consuls and tribunes of the plebs,85 who had been
the main conveners of contiones throughout the Republic, or whether they
were under the (almost) exclusive control of the Triumvirs. As we have just
seen, that of Lucius Antonius is the only known contio of a consul between 43
and 31. In contrast, all other meetings of which we know were summoned by
the Triumvirs or one of them, especially Octavian, who was present at Rome.86
Finally, despite its new and changing composition, it is evident that the
senate continued to function during the Triumviral period.87 Again, it is a
much more difficult matter to determine to what extent we can speak of
normality in its sessions, procedures and debates. For example, in 39 the
senate ratified the acts that the Triumvirs had carried out since the creation of
the Triumvirate in 43.88 This could be seen as suggesting that the Triumvirs
were apparently somehow subordinate to the senate, though, in reality, this
was nothing more than formality: could the senators have acted differently? In
84 Laffi 1993: 50-53 collects the known laws. According to Laffi, the influence of the
Triumvirs must have lurked behind all legislative initiatives.
85 The last known contio called by a tribune was that of P. Titius in November 43,
precisely to announce his bill for the creation of the Triumvirate (App. B Civ. 4.7). The
tribune Falcidius must have summoned contiones to present and defend his inheritance law
(see above).
86 App. B Civ. 4.32-34 (edict to confiscate women’s wealth); Suet. Aug. 61 (funeral
eulogy of Octavian’s mother); Dio Cass. 47.13.4 (edict of proscriptions); Sen. Suas. 6.19 and
21; Plut. Cic. 49.1-2 (Antonius shows Ciceron’s head on the Rostra in an assembly); Dio Cass.
49.15.3 (Octavian announces outside the pomerium his victory over Sextus Pompeius in
Naulochus); Suet. Aug. 17.1; Dio Cass. 50.3.4 (Octavian reads pro contione the supposed will
of Antonius). Cf. Pina Polo 1989: 312-313; 1996: 162-169.
87 See in Laffi 1993: 47-50, a list of sessions and decisions taken by the senate during
the period.
88 Dio Cass. 48.34.1. Cf. App. B Civ. 5.75: the senate ratifies all that Antonius had
done or should do.
francisco pina polo
66
any case, this shows that the senate met and issued decrees, as happened years
later when the senators approved granting honours to Octavian after his
victory over Sextus Pompeius,89 or when near the end of 40 the praetores
suffecti Sempronius Atratinus and Messala Corvinus summoned the senate
and introduced Herod of Judea, who was granted the title of king.90 Cassius
Dio narrates the dispute between Octavian and the consul Sosius, who already
on the first day of 32,91 presumably in the usual debate in the senate when a
new year started, had dared to praise Antonius and to attack the young Caesar.
Sosius did not stop there: he wanted to introduce measures against Octavian,
apparently in the senate.92 Octavian had preferred to stay out of the city while
Sosius spoke in the senate and tried to launch initiatives against him. After
reflecting on the situation, he returned to Rome and summoned the senate,
accompanied by a guard of soldiers and friends who carried hidden daggers.
In the senate the young Caesar sat down “upon his official chair” (ἐπὶ δίφρου
ἀρχικοῦ) “in the middle of the consuls” (ἐν μέσῳ τῶν ὑπάτων), in a clear show
of his superiority.93 From there, he spoke at length in his own defence and
railed against Sosius and Antonius. The consuls did not even dare to open
their mouths to respond him and actually left the city secretly soon after, with
other senators in tow.94 While this story clearly demonstrates who actually
held power in Rome, it also shows the senate at work.
IV
Let us conclude. While Appian is primarily interested in portraying the
socioeconomic havoc in Rome and Italy during the Triumviral period, Cassius
Dio focuses first and foremost on political and institutional chaos. While
there is no reason to doubt the veracity of his claims, we must remember that
89 App. B Civ. 5.130.
90 Jos. AJ 14.384. Laffi 1993: 50: it seems that the Triumvirs let ordinary magistrates
maintain the power to summon the senate.
91 See Lange 2009: 61, with supplementary bibliography for the discussion of the
chronology of 32.
92 We do not know what kind of actions Sosius was planning, but the veto of the
tribune of the plebs Nonius Balbus prevented him from going ahead (Dio Cass. 50.2.3).
Once more, the initiative of the consul and the veto of the tribune should be seen as an
indication of a certain institutional normality.
93 Pina Polo forthcoming. See also Vervaet’s chapter in this volume.
94 Dio Cass. 50.2.4-6.
the functioning of the republican institutions
67
Cassius Dio saw the Triumviral period as the justification for Augustus’
Principate.95 And today there is undoubtedly a strong tendency to conceive of
the Triumviral age as a transitional period between the Republic and Principate,
perhaps precisely because of the influence that Cassius Dio’s narrative has
wielded. It is worth asking, however, whether Cassius Dio may have
exaggerated the political instability of the period in order to extol and
legitimise Augustus’ government, and whether he consciously cherry picked
episodes and anecdotes that would throw disorder into relief, while also
minimizing any aspects that would demonstrate elements of continuity and
normality.
Be that as it may, it seems evident, on the one hand, that the period was
no stranger to institutional irregularities in regards to the magistracies, senate
and comitia. Among them, surely the most decisive and striking was the fact
that the election of the magistrates by the people was substituted for the
Triumvirs’ direct appointment of those officials. As a consequence, competition
between members of the aristocracy, which had been a staple of the Republican
political system, largely disappeared. The key to being appointed to an office
was no longer found in gaining the people’s favour, but tin winning the support
of the Triumvirs. Obtaining an office, therefore, became a compensation for
political or military achievements in the Triumvirs’ service, not in the service of
the larger community. In this respect, the Triumvirs found a clever means of
exploiting their power to convert both magistracies and priesthoods into an
instrument for rewarding loyalties. Accordingly, there was a rise of a new loyal
aristocracy, which after Actium and Antonius’ defeat essentially became an
aristocracy loyal exclusively to the man who would soon be known as Augustus.
On the other hand, however, there is also sufficient evidence to suggest
that the institutions, in general, continued to function fairly normally on a
day-to-day basis, even if always under the supreme control of the Triumvirs.
The senate continued to meet regularly and make decisions. The contiones, an
essential channel of communication with the people, continued to be
summoned. The magistrates performed the duties of their offices and carried
out the tasks traditionally assigned to them; and if this was not possible, as
95 Gowing 1992: 35: “Dio’s conception of and interest in the triumviral period largely
derive from its result, the Principate… In Dio’s view, history tended inexorably to the
conclusion that Octavian would become sole ruler; all else is subordinated to that premise.
Study of the period was useful only insofar as it demonstrated the need for monarchy and for
a monarch like Augustus.”
68
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happened with the aediles on at least one occasion, other magistrates stepped
in and took charge. The ranks of the priestly colleges were filled with new
members who performed the ceremonies and rituals expected of them. In
short, we cannot suggest in good faith that the Roman administration
completely succumbed to dysfunction for more than a decade. On the
contrary, we must submit that, fundamentally, the Roman state machinery
continued to function with a certain normality, despite the unusual practice
of irregularly appointing magistrates: this level of normality lent Republican
legitimacy to the Triumviral regime without any political risk to the Triumvirs.
Significantly, when Octavian returned to Rome in 36 after defeating Sextus
Pompeius, Appian says that he “allowed” the annual magistrates to manage
many public affairs according to tradition, in an attempt to present an image
of a return to the traditional Republican order.96 On the one hand, this shows
that, in effect, the affairs of the public administration continued to be carried
out, despite an increasing dependence on the Triumvirs, particularly the one
who stayed in Rome, Octavian.
The question, then, is whether between 43 and 31, we should envision a
Rome whose institutions were crippled by the Triumvirs’ stranglehold and the
resulting lack of competition, yet where daily political life nevertheless
proceeded as normal.
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