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Updated: June 14, 2025
The earlier state-law of Rome knew nothing of tributary subjects: the conquered communities were either sold into slavery, or merged in the Roman commonwealth, or lastly, admitted to an alliance which secured to them at least communal independence and freedom from taxation.
According to Sulla's arrangement Italy proper, the northern boundary of which was at the same time changed from the Aesis to the Rubico, was as a region now inhabited without exception by Roman citizens made subject to the ordinary Roman authorities; and it became one of the fundamental principles of Roman state-law, that no troops and no commandant should ordinarily be stationed in this district.
The conception of limited magisterial power or special function, which seemed to the original Roman state-law irreconcilable with the conception of supreme office, gradually gained a footing and mutilated and destroyed the earlier idea of the one and indivisible -imperium-. A first step was already taken in this direction by the institution of the standing collateral offices, particularly the quaestorship; it was completely carried out by the Licinian laws , which prescribed the functions of the three supreme magistrates, and assigned administration and the conduct of war to the two first, and the management of justice to the third.
According to Sulla's arrangement Italy proper, the northern boundary of which was at the same time changed from the Aesis to the Rubico, was as a region now inhabited without exception by Roman citizens made subject to the ordinary Roman authorities; and it became one of the fundamental principles of Roman state-law, that no troops and no commandant should ordinarily be stationed in this district.
And as it is certain that the nation does not wish to return to the old conditions of the Union, the Storthing considers it impossible to resume negotiations on the different constitutional and state-law questions, which in Your Majesty's address to the President of the Storthing are referred to, in connection with the settled decisions, and on which the Storthing and Government have previously fully expressed themselves.
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.
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.
This was the council of elders or -senatus-. Beyond doubt it had its origin in the clan-constitution: the old tradition that in the original Rome the senate was composed of all the heads of households is correct in state-law to this extent, that each of the clans of the later Rome which had not merely migrated thither at a more recent date referred its origin to one of those household-fathers of the primitive city as its ancestor and patriarch.
It opened up for the Italian proletariate a permanent outlet, and a relief in fact more than provisional; but it certainly abandoned the principle of state-law hitherto in force, by which Italy was regarded as exclusively the governing, and the provincial territory as exclusively the governed, land. Modifications of the Penal Law
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.
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