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
Every new project of law was subjected to a preliminary deliberation
in the senate, and scarcely ever did a magistrate venture to lay a
proposal before the community without or in opposition to the senate's
opinion. If he did so, the senate had--in the intercessory powers of
the magistrates and the annulling powers of the priests--an ample set
of means at hand to nip in the bud, or subsequently to get rid of,
obnoxious proposals; and in case of extremity it had in its hands
as the supreme administrative authority not only the executing, but
the power of refusing to execute, the decrees of the community. The
senate further with tacit consent of the community claimed the right
in urgent cases of absolving from the laws, under the reservation that
the community should ratify the proceeding--a reservation which from
the first was of little moment, and became by degrees so entirely a
form that in later times they did not even take the trouble to propose
the ratifying decree.
Influence on the Elections
As to the elections, they passed, so far as they depended on the
magistrates and were of political importance, practically into the
hands of the senate. In this way it acquired, as has been mentioned
already,(25) the right to appoint the dictator. Great regard had
certainly to be shown to the community; the right of bestowing the
public magistracies could not be withdrawn from it; but, as has
likewise been already observed, care was taken that this election of
magistrates should not be constructed into the conferring of definite
functions, especially of the posts of supreme command when war was
imminent. Moreover the newly introduced idea of special functions on
the one hand, and on the other the right practically conceded to the
senate of dispensation from the laws, gave to it an important share
in official appointments. Of the influence which the senate exercised
in settling the official spheres of the consuls in particular, we have
already spoken.(26) 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,
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