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Nevertheless these requisitions became, if not in the theory of state-law, at any rate practically, one of the most oppressive burdens of the provincials; and the more so, that the amount of compensation was ordinarily settled by the government or even by the governor after a one-sided fashion.
But at the same time he expressly and openly approved of Pompeius' conduct during the dictatorship and the restoration of order in the capital which he had effected, rejected the warnings of officious friends as calumnies, reckoned every day by which he succeeded in postponing the catastrophe a gain, overlooked whatever could be overlooked and bore whatever could be borne immoveably adhering only to the one decisive demand that, when his governorship of Gaul came to an end with 705, the second consulship, admissible by republican state-law and promised to him according to agreement by his colleague, should be granted to him for the year 706.
What political prerogatives the Roman community on this occasion withdrew from all the other Italian communities and took into its own sole keeping, or in other words, what conception in state-law is to be associated with this sovereignty of Rome, we are nowhere expressly informed, and a significant circumstance, indicating prudent calculation there does not even exist any generally current expression for that conception.
Our own, because England's existence depends not only on her sea-power, but upon the maintenance of European state-law. To those who are not yet visibly assailed, and who possibly believe themselves secure, we can only give the warning: Tua res agitur, paries cum proximus ardet. Of the issue England is not afraid.
Even the primitive fundamental principle in the state-law of the Roman republic, which we have just mentioned that the highest military and civil authority could not be conferred without the co-operation of the burgesses was infringed in favour of the new commander-in-chief.
So long as the senate was formed by the aggregate of the heads of clans, the number of the members cannot have been a fixed one, since that of the clans was not so; but in the earliest, perhaps even in pre-Roman, times the number of the members of the council of elders for the community had been fixed without respect to the number of the then existing clans at a hundred, so that the amalgamation of the three primitive communities had in state-law the necessary consequence of an increase of the seats in the senate to what was thenceforth the fixed normal number of three hundred.
If they were precluded from the right of voting, this was simply an application of the general principle of Roman state-law, that those only should give counsel who were not called to act; in accordance with which the whole of the acting magistrates possessed during their year of office only a seat, not a vote, in the council of the state. But concession did not rest here.
But at the same time as is not only obvious of itself, but is also distinctly attested the other maxim also of the oldest state-law was revived by Caesar himself, and not merely for the first time by his successors; viz. that what the supreme, or rather sole, magistrate commands is unconditionally valid so long as he remains in office, and that, while legislation no doubt belongs only to the king and the burgesses in concert, the royal edict is equivalent to law at least till the demission of its author.
So long as the senate was formed by the aggregate of the heads of clans, the number of the members cannot have been a fixed one, since that of the clans was not so; but in the earliest, perhaps even in pre-Roman, times the number of the members of the council of elders for the community had been fixed without respect to the number of the then existing clans at a hundred, so that the amalgamation of the three primitive communities had in state-law the necessary consequence of an increase of the seats in the senate to what was thenceforth the fixed normal number of three hundred.
But it was contrary to the nature of delegation and therefore according to the older state-law inadmissible, that the supreme magistrate should, without having met with any hindrance in the discharge of his functions, immediately upon his entering on office invest one or more of his subordinates with supreme official authority; and so far the -legati pro praetore-of the proconsul Pompeius were an innovation, and already similar in kind to those who played so great a part in the times of the Empire.
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