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Updated: June 14, 2025
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.
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.
From him proceeded the maxim founded doubtless in a certain sense in the nature of the old traditional laws of war, but yet, in the extension and practical application now given to it, foreign to the older state-law that all the land of the subject communities was to be regarded as the private property of the state; a maxim, which was primarily employed to vindicate the right of the state to tax that land at pleasure, as was the case in Asia, or to apply it for the institution of colonies, as was done in Africa, and which became afterwards a fundamental principle of law under the empire.
But when the few old men who had seen the first storms of revolution and heard the words of the Gracchi, compared that time with the present they found that everything had in the interval changed countrymen and citizens, state-law and military discipline, life and manners; and well might those painfully smile, who compared the ideals of the Gracchan period with their realization.
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