Page:The Ancient City- A Study on the Religion, Laws, and Institutions of Greece and Rome.djvu/251

 CHAP. X. THE MAGISTEACY. 245 souglit the consulsliip there was one for whom the auspices had not been favorable, his name was omitted.' The people voted upon those names only which had been pronounced by the president.* If the president named but two candidates, the people necessarily voted for them; if he named three, they chose two of them. The assembly never had the right to vote for other men than those whom the jjiesideut had desig- nated ; for the auspices had been ibr those only, and for those only had the consent of the gods been as- sured. This mode of election, which was scrupulously follow- ed in the first ages of the republic, explains some pecu- liarities of Roman history which at first surprise us. We see, for example, that quite frequently the people are unanimous for two men for the consulshii, and still they are not elected. This is because the president has not taken the auspices concerning these two men, or the auspices have not been favorable. On the other hand, we have seen the people elect to the consulship men whom they detested.^ This was because the pres- ident pronounced only these two names. It was abso- lutely necessary to vote for them, for the vote was not expressed by "yes" or "no;" every vote was required to contain two names, and none could be written ex- ce])t those that had been designated. The people, when candidates were presented who were odious to them, could indeed show their displeasure by retiring williout a vote; but there always remained in the en- closure citizens enough to make up a quorum. ' Livy, XXXIX. 39. Velleius, II. 92. Valerius Maximus, 111.8, 3. 2 Dionysius, IV. S4 ; V. 19; V. 72; V. 77; VI. 40. ' Livy, II. 42; II. 43.