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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.
Since among these positions the transmarine commands were especially sought after as being the most lucrative, it was usual to entrust a transmarine command on the expiry of their official year to those magistrates whom their office confined either in law or at any rate in fact to the capital, that is, to the two praetors administering justice in the city and frequently also to the consuls; a course which was compatible with the nature of prorogation, since the official authority of supreme magistrates acting in Rome and in the provinces respectively, although differently entered on, was not in strict state-law different in kind.
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.
It is probable that its germs may be traced to exceptional regulations for the great burgess-colonies, which were founded at the end of the sixth century; at least several, in themselves indifferent, formal differences between burgess-colonies and burgess municipia- tend to show that the new burgess-colony, which at that time practically took the place of the Latin, had originally a better position in state-law than the far older burgess- -municipium-, and the advantage doubtless can only have consisted in a municipal constitution approximating to the Latin, such as afterwards belonged to all burgess-colonies and burgess municipia-. The new organization is first distinctly demonstrable for the revolutionary colony of Capua; and it admits of no doubt that it was first fully applied, when all the hitherto sovereign towns of Italy had to be organized, in consequence of the Social war, as burgess- communities.
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.
Formal state-law required a decree of the Roman burgesses; until this was issued, the Ptolemies were dependent on the caprice of every democratic holder of power, and they had thus to commence the warfare of bribery also against the other Roman party, which as the more powerful stipulated for far higher prices. Cyprus Annexed The result in the two cases was different.
Years before these weapons of state-law could be employed, they had them duly prepared, and put themselves in a condition on the one hand to compel Caesar to the resignation of his command from the day when the term secured to him by Pompeius' own law expired, that is from the 1st March 705, by sending successors to him, and on the other hand to be able to treat as null and void the votes tendered for him at the elections for 706.
Legislation Edicts For legislation the democratic monarch adhered to the primitive maxim of Roman state-law, that the community of the people in concert with the king convoking them had alone the power of organically regulating the commonwealth; and he had his constitutive enactments regularly sanctioned by decree of the people.
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.
Legislation Edicts For legislation the democratic monarch adhered to the primitive maxim of Roman state-law, that the community of the people in concert with the king convoking them had alone the power of organically regulating the commonwealth; and he had his constitutive enactments regularly sanctioned by decree of the people.
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