The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
It was at this period, finally, that the provinces of civil and
military authority were separated. In the former the law ruled,
in the latter the axe: the former was governed by the constitutional
checks of the right of appeal and of regulated delegation; in the
latter the general held an absolute sway like the king.(15) It was
an established principle, that the general and the army as such should
not under ordinary circumstances enter the city proper. That organic
and permanently operative enactments could only be made under the
authority of the civil power, was implied in the spirit, if not in the
letter, of the constitution. Instances indeed occasionally occurred
where the general, disregarding this principle, convoked his forces
in the camp as a burgess assembly, nor was a decree passed under
such circumstances legally void; but custom disapproved of such
a proceeding, and it soon fell into disuse as though it had been
forbidden. The distinction between Quirites and soldiers became
more and more deeply rooted in the minds of the burgesses.
Government of the Patriciate
Time however was required for the development of these consequences
of the new republicanism; vividly as posterity felt its effects,
the revolution probably appeared to the contemporary world at first
in a different light. The non-burgesses indeed gained by it
burgess-rights, and the new burgess-body acquired in the -comitia
centuriata- comprehensive prerogatives; but the right of rejection on
the part of the patrician senate, which in firm and serried ranks
confronted the -comitia- as if it were an Upper House, legally hampered
their freedom of movement precisely in the most important matters, and
although not in a position to thwart the serious will of the collective
body, could yet practically delay and cripple it. If the nobility in
giving up their claim to be the sole embodiment of the community did not
seem to have lost much, they had in other respects decidedly gained.
The king, it is true, was a patrician as well as the consul, and the
right of nominating the members of the senate belonged to the latter as
to the former; but while his exceptional position raised the former no
less above the patricians than above the plebeians, and while cases
might easily occur in which he would be obliged to lean upon the
support of the multitude even against the nobility, the consul--ruling
for a brief term, but before and after that term simply one of the
nobility, and obeying to-morrow the noble fellow-burgess whom he had
commanded to-day--by no means occupied a position aloof from his
order, and the spirit of the noble in him must have been far more
powerful than that of the magistrate. Indeed, if at any time by
way of exception a patrician disinclined to the rule of the nobility
was called to the government, his official authority was paralyzed
partly by the priestly colleges, which were pervaded by an intense
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