THE HISTORY OF OLD ROME

V. The Establishment of the Military Monarchy

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

Chapter III - The Fall of the Oligarchy and the Rule of Pompeius

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Page 26

Effect of the Projects of Law

It is clear that by these projects of law, especially by that which related to the expedition against the pirates, the government of the senate was set aside. Doubtless the ordinary supreme magistrates nominated by the burgesses were of themselves the proper generals of the commonwealth, and the extraordinary magistrates needed, at least according to strict law, confirmation by the burgesses in order to act as generals; but in the appointment to particular commands no influence constitutionally belonged to the community, and it was only on the proposition of the senate, or at any rate on that of a magistrate entitled in himself to hold the office of general, that the comitia had hitherto now and again interfered in this matter and conferred such special functions.

In this field, ever since there had existed a Roman free state, the practically decisive voice pertained to the senate, and this its prerogative had in the course of time obtained full recognition. No doubt the democracy had already assailed it; but even in the most doubtful of the cases which had hitherto occurred--the transference of the African command to Gaius Marius in 647(9)--it was only a magistrate constitutionally entitled to hold the office of general that was entrusted by the resolution of the burgesses with a definite expedition.

9. Cf. IV. IV. Marius Commander-in-Chief

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