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A Censor was a Magistrate of high rank in the ancient Roman Republic . This position (called '''censura''') was responsible for maintaining the '' Census '', supervising Public Morality , and overseeing certain aspects of the government's finances. CREATION OF THE RANK The census was first instituted by Servius Tullius , fifth King Of Rome . After the expulsion of the kings and the founding of the Republic, the census was taken over the Consul s until 443 BC . In 442 BC , no consuls were elected, but rather Military Tribune s with consular power were appointed in their stead; the Plebeians were attempting to attain higher magistracies (since only patricians could be consuls, while some military tribunes were plebeians). To stop the plebeians from possibly gaining control of the census, the Patrician s removed the consuls' -and consequently their representatives, the tribunes- right to take the census, and entrusted it to two magistrates, called ''censores'' ( English ''censors''), who were to be chosen exclusively from the Patricians in Rome. The magistracy continued to be controlled by Patricians until 351 BC , when Gaius Marcius Rutilus was appointed the first plebeian censor ('' Livy '' vii.22). Twelve years afterwards in 339 BC , one of the Publilian Laws required that one censor had to be a plebeian (Livy viii.12). Despite this, no plebeian censor performed the solemn purification of the people (the "'' Lustrum ''"; ''Livy'' Periochae 13) until 280 BC . In 131 BC , for the first time, both censors were plebeians. There were always two censors, because the two consuls had previously taken the census together. If one of the censors died during the time of his office, another had to be chosen to replace him, just as with consuls. This, however, happened only once, in 393 BC —the Gaul s captured Rome in this ''lustrum'' (five-year period), so the Romans regarded it as "an offense against religion" thereafter (Livy v.31). From then on, if one of the censors died, his colleague resigned, and two new censors were chosen to replace them (Livy vi.27, ix.34, xxiv.43, xxvii.6). ELECTION The censors were elected in the Centuriate Assembly , which met under the presidency of a consul ( Auli Gellii xiii.15; ''Livy'' xl.45). Barthold Niebuhr suggests that the censors were at first elected by the Curiate Assembly , and that the Assembly's selections were confirmed by the Centuriate; but William Smith believes that "there is no authority for this supposition, and the truth of it depends entirely upon the correctness of The assembly for the election of the censors was held under different Auspices from those at the election of the consuls and Praetor s, so the censors were not regarded as their colleagues, although they likewise possessed the '' Maxima Auspicia '' (''Gellii'' xiii.15). The assembly was held by the new consuls shortly after they began their term of office (Livy xxiv.10, xxxix.41); and the censors, as soon as they were elected and the censorial power had been granted to them by a decree of the Centuriate Assembly (''lex centuriata''), were fully installed in their office ( Cicero , '' De Lege Agraria '' ii.11; ''Livy'' xl.45). As a general principle, the only ones eligible for the office of censor were those who had previously been consuls, but there were a few exceptions. At first, there was no law to prevent a person being censor twice, but the only person who was elected to the office twice was Gaius Marcius Rutilus in 265 BC . In that year, he originated a law stating that no one could be elected censor twice. In consequence of this, he received the Surname of ''Censorinus'' ( Plutarch , '' Life Of Coriolanus '' 1; Valerius Maximus iv.1 §3). ATTRIBUTES The censorship differed from all other Roman magistracies in the length of office. The censors were originally chosen for a whole ''lustrum'' (the period of five years), but their office was limited to eighteen months as early as ten years after its institution ( 433 BC ) by a law of the Dictator Mamercus Aemilius Mamercinus (Livy iv.24, ix.33). The censors were also unique with respect to rank and dignity. They had no '' Imperium '', and accordingly no Lictor s (''Zonar''. vii.19). Their rank was granted to them by the Centuriate Assembly, and not by the '' Curia e'', and in that respect they were inferior in power to the consuls and praetors ( Cicero , ''de Lege Agraria'' ii.11). Notwithstanding this, the censorship was regarded as the highest dignity in the state, with the exception of the dictatorship; it was a "sacred magistracy" (''sanctus magistratus''), to which the deepest reverence was due (Plutarch '' Life Of Cato The Elder '' 16, '' Life Of Flaminius '' 18, '' Life Of Camillus '' 2, 14, '' Life Of Aemilius '' 38; Cicero '' Ad Familiares '' iii.10). The high rank and dignity which the censorship obtained was due to the various important duties gradually entrusted to it, and especially to its possessing the ''regimen morum'', or general control over the conduct and the morals of the citizens. In the exercise of this power, they were regulated solely by their own views of duty, and were not responsible to any other power in the state (Dionys. in ''Mai, Nova Coll.'' vol. ii p516; Livy iv.24, xxix.37; Valerius Maximus vii.2 §6). The censors possessed of course the "curule seat" (''sella curulis'') (Livy xl.45), but there is some doubt with respect to their official dress. A well-known passage of Polybius (vi.53) describes the use of the ''imagines'' at funerals; we may conclude that a consul or praetor wore the purple-bordered '' Toga Praetexta '', one who triumphed the embroidered '' Toga Picta '', and the censor a purple toga peculiar to him; but other writers speak of their official dress as being the same as that of the other higher magistrates (Zonar. vii.19; Athen. xiv. p660c). The funeral of a censor was always conducted with great pomp and splendour, and hence a "censorial funeral" (''funus censorium'') was voted even to the emperors ( Tacitus Annales iv.15, xiii.2). ABOLITION The censorship continued in existence for 421 years, from 443 BC to 22 BC ; but during this period many ''lustra'' passed by without any censor being chosen at all. According to one statement, the office was abolished by Sulla (Schol. Gronov. ''ad Cic. Div. in Caecil.'' 3, p384, ed. Johann Caspar Orelli ). Although the authority on which this statement rests is not of much weight, the fact itself is probable, since there was no census during the two ''lustra'' which elapsed from Sulla's dictatorship of Pompey ( 82 – 70 BC ), and any strict "imposition of morals" would have been found inconvenient to the aristocracy that supported Sulla. If the censorship was done away with by Sulla, it was at any rate restored in the consulship of Pompey and Crassus . Its power was limited by one of the laws of the tribune Clodius ( 58 BC ), which prescribed certain regular forms of proceeding before the censors in expelling a person from the Roman Senate , and required that the censors be in agreement to exact this punishment ( Cassius Dio xxxviii.13; Cicero '' Pro Sestio '' 25, ''de Prov. Cons.'' 15). This law, however, was repealed in the third consulship of Pompey in 52 BC, on the urging of his colleague Caecilius Metellus Scipio (Cassius Dio xl.57), but the office of the censorship never recovered its former power and influence. During the Civil Wars which followed soon afterwards, no censors were elected; it was only after a long interval that they were again appointed, namely in 22 BC , when Augustus caused Lucius Munatius Plancus and Paulus Aemilius Lepidus to fill the office ( Suetonius '' Life Of Augustus '' 37, '' Life Of Claudius '' 16; Cassius Dio liv.2). This was the last time that such magistrates were appointed; the emperors in future discharged the duties of their office under the name of Praefectura Morum ("prefect of the morals"). Some of the emperors sometimes took the name of censor when they held a census of the Roman people; this was the case with Claudius , who appointed the elder Vitellius as his colleague (Suetonius '' Life Of Claudius '' 16; Tacitus Annales xii.4, Historia i.9), and with Vespasian , who likewise had a colleague in his son Titus (Suet. Vesp. 8, Tit. 6). Domitian assumed the title of "perpetual censor" (''censor perpetuus'') (Cassius Dio liii.18), but this example was not imitated by succeeding emperors. In the reign of Decius we find the elder Valerian nominated to the censorship (Symmach. ''Ep.'' iv.29, v.9), but Valerian was never actually elected censor. DUTIES The duties of the censors may be divided into three classes, all of which were closely connected with one another: #The '' Census '', or register of the citizens and of their property, in which were included the reading of the Senate 's lists (''lectio senatus'') and the recognition of who qualified for Equestrian rank (''recognitio equitum''); #The ''Regimen Morum'', or keeping of the public morals; and #The administration of the finances of the state, under which were classed the superintendence of the public buildings and the erection of all new public works. The original business of the censorship was at first of a much more limited kind, and was restricted almost entirely to taking the census (Livy iv.8), but the possession of this power gradually brought with it fresh power and new duties, as is shown below. A general view of these duties is briefly expressed in the following passage of Cicero (''de Leg.'' ii.3): "Censores populi aevitates, soboles, familias pecuniasque censento: urbis templa, vias, aquas, aerarium, vectigalia tuento: populique partes in tribus distribunto: exin pecunias, aevitates, ordines patiunto: equitum, peditumque prolem describunto: caelibes esse prohibento: mores populi regunto: probrum in senatu ne relinquunto." Census The Census, the first and principal duty of the censors, was always held in the Campus Martius , and from the year 435 BC onwards, in a special building called Villa Publica , which was erected for that purpose by the second pair of censors, Gaius Furius Pacilus and Marcus Geganius Macerinus (Livy iv.22; Varro '' De Re Rustica '' iii.2). An account of the formalities with which the census was opened is given in a fragment of the Tabulae Censoriae , preserved by Varro (''L.L.'' vi.86, 87, ed. Müller). After the Auspices had been taken, the citizens were summoned by a public crier to appear before the censors. Each tribe was called up separately (Dionys. v.75), and the names in each tribe were probably taken according to the lists previously made out by the tribunes of the tribes. Every Paterfamilias had to appear in person before the censors, who were seated in their Curule Chair s, and those names were taken first which were considered to be of good omen, such as Valerius , Salvius , Statorius , etc. (Festus, ''s.v. Lacus Lucrinus''; Schol. Bob. ''ad Cic. pro Scaur.'' p374, ed. Orelli). The census was conducted according to the judgment of the censor (''ad arbitrium censoris''), but the censors laid down certain rules (Livy iv.8, xxix.15), sometimes called ''leges censui censendo'' (Liv. xliii.14), in which mention was made of the different kinds of property subject to the census, and in what way their value was to be estimated. According to these laws, each citizen had to give an account of himself, of his family, and of his property upon oath, "declared from the heart" ( Dionysius iv.15; Livy xliii.14). First he had to give his full name ( Praenomen , Nomen , and Cognomen ) and that of his father, or if he were a '' Libertus '' ("freedman") that of his Patron , and he was likewise obliged to state his age. He was then asked, "You, declaring from your heart, do you have a wife?" and if married he had to give the name of his wife, and likewise the number, names, and ages of his children, if any (Gell. iv.20; Cicero '' De Oratore '' ii.64; Tab. Heracl. 142 (68); '' Digesta Iustiniani '' 50 tit.15 s3). Single women and orphans were represented by their guardians; their names were entered in separate lists, and they were not included in the sum total of heads (cf. Livy iii.3, '' Periochae '' 59). After a citizen had stated his name, age, family, etc., he then had to give an account of all his property, so far as it was subject to the census. Only such things were liable to the census (''censui censendo'') as were property according to the Quiritarian law. At first, each citizen appears to have merely given the value of his whole property in general without entering into details (Dionysius iv.15; Cicero '' De Legibus '' iii.3; Festus, s.v. ''Censores''); but it soon became the practice to give a minute specification of each article, as well as the general value of the whole (cf. Cicero ''pro Flacc.'' 32; Gell. vii.11; Plutarch '' Life Of Cato The Elder '' 18). Land formed the most important article of the census, but public land, the possession of which only belonged to a citizen, was excluded as not being Quiritarian property. If we may judge from the practice of the imperial period, it was the custom to give a most minute specification of all such land as a citizen held according to the Quiritarian law. He had to state the name and location of the land, and to specify what portion of it was arable, what meadow, what vineyard, and what olive-ground: and of the land thus described, he had to give his assessment of its value (''Digesta Iustiniani'' 50 tit.15 s4). Slave s and cattle formed the next most important item. The censors also possessed the right of calling for a return of such objects as had not usually been given in, such as clothing, jewels, and carriages (Livy xxxix.44; Plutarch ''Life of Cato the Elder'' 18). It has been doubted by some modern writers whether the censors possessed the power of setting a higher valuation on the property than the citizens themselves gave, but when we recollect the discretionary nature of the censors' powers, and the necessity almost that existed, in order to prevent fraud, that the right of making a surcharge should be vested in somebody's hands, we can hardly doubt that the censors had this power. It is moreover expressly stated that on one occasion they made an extravagant surcharge on articles of luxury (Livy xxxix.44; Plutarch ''Life of Cato the Elder'' 18); and even if they did not enter in their books the property of a person at a higher value than he returned it, they accomplished the same end by compelling him to pay a tax upon the property at a higher rate than others. The tax was usually one per thousand upon the property entered in the books of the censors, but on one occasion the censors compelled a person to pay eight per thousand as a punishment (Livy iv.24). A person who voluntarily absented himself from the census was considered ''incensus'' and subject to the severest punishment. Servius Tullius is said to have threatened such individuals with imprisonment and death (Livy i.44), and in the Republican period he might be sold by the state as a slave (Cicero '' Pro Caecina Oratio '' 34). In the later times of the republic, a person who was absent from the census might be represented by another, and be thus registered by the censors (Varr. ''L.L.'' vi.86). Whether the soldiers who were absent on service had to appoint a representative is uncertain. In ancient times, the sudden outbreaks of war prevented the census from being taken (Livy vi.31), because a large number of the citizens would necessarily be absent. It is supposed from a passage in Livy (xxix.37) that in later times the censors sent commissioners into the provinces with full powers to take the census of the Roman soldiers there, but this seems to have been a special case. It is, on the contrary, probable from the way in which Cicero pleads the absence of Archias from Rome with the army under Lucullus , as a sufficient reason for his not having been enrolled in the census ('' Pro Licinio Archia '' 5), that service in the army was a valid excuse for absence. After the censors had received the names of all the citizens with the amount of their property, they then had to make out the lists of the tribes, and also of the classes and centuries; for by the legislation of Servius Tullius the position of each citizen in the state was determined by the amount of his property (Comitia Centuriata). These lists formed a most important part of the Tabulae Censoriae, under which name were included all the documents connected in any way with the discharge of the censors' duties (Cic. de Leg. iii.3; Liv. xxiv.18; Plut. Cat. Maj. 16; Cic. de Leg. Agr. i.2). These lists, in so far as they were connected with the finances of the state, were deposited in the aerarium, which was the temple of Saturn (Liv. xxix.37); but the regular depositary for all the archives of the censors was in earlier times the Atrium Libertatis, near the Villa publica (Liv. xliii.16, xlv.15), and in later times the temple of the Nymphs (Cic. pro Mil. 27). Besides the division of the citizens into tribes, centuries, and classes, the censors had also to make out the lists of the Senators for the ensuing five years, or till new censors were appointed; striking out the names of such as they considered unworthy, and making additions to the body from those who were qualified. In the same manner they held a review of the Equestrian s who received a horse from public funds (''equites equo publico''), and added and removed names as they judged proper. After the lists had been completed, the number of citizens was counted up, and the sum total announced. Accordingly, we find that in the account of a census, the number of citizens is likewise usually given. They are in such cases spoken of as ''capita'' ("heads"), sometimes with the addition of the word ''civium'' ("of the citizens"), and sometimes not. Hence, to be registered in the census was the same thing as "having a head" (''caput habere''). Census beyond Rome A census was sometimes taken in the provinces, even under the republic (Cicero ''Verr.'' ii.53, 56); but there seems to have been no general census taken in the provinces till the time of Augustus . This emperor caused an accurate account to be taken of all persons in the Roman dominion, together with the amount of their property (Ev. Lucae, ii.1, 2; Joseph. Ant. Jud. xvii.13 §5, xviii.1 §1, 2 §1); and a similar census was taken from time to time by succeeding emperors, at first every ten, and subsequently every fifteen years (Savigny, ''Römische Steuerverfassung'', in '' Zeitschrift '', vol. vi pp375‑383). The emperor sent into the provinces special officers called Censitores to take the census (Dig. 50 tit.15 s4 § 1; Cassiod. Var. ix.11; Orelli, Inscr. No. 3652); but the duty was sometimes discharged by the Imperial legati (Tac. Ann. i.31, ii.6). The Censitores were assisted by subordinate officers, called Censuales, who made out the lists, &c. (Capitol. Gordian. 12; Symmach. Ep. x.43; Cod. Theod. 8 tit.2). In Rome, the census was still taken under the empire, but the old ceremonies connected with it were no longer performed, and the ceremony of the lustration was not performed after the time of Vespasian. The two great jurists, Paulus and Ulpian , each wrote works on the census in the imperial period; and several extracts from these works are given in a chapter in the Digest (50 15). Other uses of census The word ''census'', besides the conventional meaning of "valuation" of a person's estate, has other meaning in Rome; it could refer to:
''Regimen morum'' Keeping the public morals (''regimen morum'', or in the Empire ''cura morum'' or ''praefectura morum'') was the second most important branch of the censors' duties, and the one which caused their office to be one of the most revered and the most dreaded in the Roman state; hence they were also known as ''Castigatores'' ("chastisers"). It naturally grew out of the right which they possessed of excluding persons from the lists of citizens; for, as has been well remarked, "they would, in the first place, be the sole judges of many questions of fact, such as whether a citizen had the qualifications required by law or custom for the rank which he claimed, or whether he had ever incurred any judicial sentence, which rendered him infamous: but from thence the transition was easy, according to Roman notions, to the decisions of questions of right; such as whether a citizen was really worthy of retaining his rank, whether he had not committed some act as justly degrading as those which incurred the sentence of the law." In this manner, the censors gradually assumed at least nominal complete superintendence over the whole public and private life of every citizen. They were constituted as the conservators of public morality; they were not simply to prevent crime or particular acts of immorality, but rather to maintain the traditional Roman character, ethics, and habits (''mos majorum'')- ''regimen morum'' also encompassed this protection of traditional ways (Cicero ''de Legibus'' iii.3; Livy iv.8, xxiv.18, xl.46, xli.27, xlii.3; Suetonius ''Life of Augustus'' 27), which was called in the times of the Empire ''cura'' ("supervision") or ''praefectura'' ("command"). The punishment inflicted by the censors in the exercise of this branch of their duties was called ''nota'' ("mark, letter") or ''notatio'', or ''animadversio censoria'' ("censorial reproach"). In inflicting it, they were guided only by their conscientious convictions of duty; they had to take an oath that they would act biased by neither partiality nor favour; and, in addition to this, they were bound in every case to state in their lists, opposite the name of the guilty citizen, the cause of the punishment inflicted on him, ''Subscriptio censoria'' (Livy xxxix.42; Cicero '' Pro Cluentio Oratio '' 42‑48; Gell. iv.20). This part of the censors' office invested them with a peculiar kind of jurisdiction, which in many respects resembled the exercise of public opinion in modern times; for there are innumerable actions which, though acknowledged by every one to be prejudicial and immoral, still do not come within the reach of the positive laws of a country; as often said, "immorality does not equal illegality". Even in cases of real crimes, the positive laws frequently punish only the particular offence, while in public opinion the offender, even after he has undergone punishment, is still incapacitated for certain honours and distinctions which are granted only to persons of unblemished character. Hence the Roman censors might brand a man with their "censorial mark" (''nota censoria'') in case he had been convicted of a crime in an ordinary court of justice, and had already suffered punishment for it. The consequence of such a nota was only '' Ignominia '' and not '' Infamia '' (Cicero '' De Re Publica '' iv.6) ''Infamia'' and the censorial verdict was not a ''judicium'' or ''res judicata'' (Cicero ''pro Cluentio Oratio'' 42), for its effects were not lasting, but might be removed by the following censors, or by a '' Lex '' (roughly "law"). A censorial mark was moreover not valid unless both censors agreed. The ''ignominia'' was thus only a transitory reduction of status, which does not even appear to have deprived a magistrate of his office (Livy xxiv.18), and certainly did not disqualify persons labouring under it for obtaining a magistracy, for being appointed as '' Judices '' by the Praetor , or for serving in the Roman Armies . Mamercus Aemilius was thus, notwithstanding the reproach of the censors (''animadversio censoria''), made Dictator (Livy iv.31). A person might be branded with a censorial mark in a variety of cases, which it would be impossible to specify, as in a great many instances it depended upon the discretion of the censors and the view they took of a case; and sometimes even one set of censors would overlook an offence which was severely chastised by their successors (Cicero '' De Senectute '' 12). But the offences which are recorded to have been punished by the censors are of a threefold nature.
A person who had been branded with a ''nota censoria'', might, if he considered himself wronged, endeavour to prove his innocence to the censors (''causam agere apud censores'', Varr. de Re Rust. i.7), and if he did not succeed, he might try to gain the protection of one of the censors, that he might intercede on his behalf. Punishments The punishments inflicted by the censors generally differed according to the station which a man occupied, though sometimes a person of the highest rank might suffer all the punishments at once, by being degraded to the lowest class of citizens. But they are generally divided into four classes:— #''Motio'' ("removal") or ''ejectio e senatu'' ("ejection from the Senate"), or the exclusion of a man from the ranks of senators. This punishment might either be a simple exclusion from the list of senators, or the person might at the same time be excluded from the tribes and degraded to the rank of an aerarian (Liv. xxiv.18). The latter course seems to have been seldom adopted; the ordinary mode of inflicting the punishment was simply this: the censors in their new lists omitted the names of such senators as they wished to exclude, and in reading these new lists in public, quietly omitted the names of those who were no longer to be senators. Hence the expression ''praeteriti senatores'' ("passing over the senators") is equivalent to ''e senatu ejecti'' (Livy xxxviii.28, xxvii.11, xxxiv.44; Festus, s.v. Praeteriti). In some cases, however, the censors did not acquiesce to this simple mode of proceeding, but addressed the senator whom they had noted, and publicly reprimanded him for his conduct (Livy xxiv.18). As, however, in ordinary cases an ex-senator was not disqualified by his ''ignominia'' for holding any of the magistracies which opened the way to the senate, he might at the next census again become a senator (Cicero ''pro Cluentio Oratio'' 42, Plutarch ''Life of Cicero'' 17).
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