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
the government, however, very seldom employed this dangerous
expedient. Further, the most important affairs, such as the
concluding of peace, were withdrawn from the consuls, and they
were in such matters obliged to have recourse to the senate and
to act according to its instructions. Lastly, in cases of extremity
the senate could at any time suspend the consuls from office; for,
according to an usage never established by law but never violated
in practice, the creation of a dictatorship depended simply upon
the resolution of the senate, and the fixing of the person to be
nominated, although constitutionally vested in the nominating
consul, really under ordinary circumstances lay with the senate.
Limitation of the Dictatorship
The old unity and plenary legal power of the -imperium- were retained
longer in the case of the dictatorship than in that of the consulship.
Although of course as an extraordinary magistracy it had in reality
from the first its special functions, it had in law far less of a
special character than the consulate. But it also was gradually
affected by the new idea of definite powers and functions introduced
into the legal life of Rome. In 391 we first meet with a dictator
expressly nominated from theological scruples for the mere
accomplishment of a religious ceremony; and though that dictator
himself, doubtless in formal accordance with the constitution,
treated the restriction of his powers as null and took the command
of the army in spite of it, such an opposition on the part of the
magistrate was not repeated on occasion of the subsequent similarly
restricted nominations, which occurred in 403 and thenceforward very
frequently. On the contrary, the dictators thenceforth accounted
themselves bound by their powers as specially defined.
Restriction as to the Accumulation and the Reoccupation of Offices
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