THE HISTORY OF OLD ROME

II. From the Abolition of the Monarchy in Rome to the Union of Italy

From: The History of Rome, by Theodor Mommsen
Translated with the sanction of the author by William Purdie Dickson

CHAPTER III - The Equalization of the Orders, and the New Aristocracy

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Page 60

Of the influence which the senate exercised in settling the official spheres of the consuls in particular, we have already spoken.(26)

26. Cf. II. III. Partition and Weakening of Consular Powers

One of the most important applications of the dispensing right was the dispensation of the magistrate from the legal term of his tenure of office--a dispensation which, as contrary to the fundamental laws of the community, might not according to Roman state-law be granted in the precincts of the city proper, but beyond these was at least so far valid that the consul or praetor, whose term was prolonged, continued after its expiry to discharge his functions "in a consul's or praetor's stead" (-pro consule- -pro praetore-).

Of course this important right of extending the term of office --essentially on a par with the right of nomination--belonged by law to the community alone, and at the beginning was in fact exercised by it; but in 447, and regularly thenceforward, the command of the commander-in-chief was prolonged by mere decree of the senate. To this was added, in fine, the preponderating and skilfully concerted influence of the aristocracy over the elections, which guided them ordinarily, although not always, to the choice of candidates agreeable to the government.

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