[The History of Rome, Book V by Theodor Mommsen]@TWC D-Link bookThe History of Rome, Book V CHAPTER III 23/30
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.
Inasmuch as the law conferred beforehand on the twenty-five adjutants whom he was to nominate praetorian rank and praetorian prerogatives,( 10) the highest office of republican Rome became subordinate to a newly created office, for which it was left to the future to find the fitting name, but which in reality even now involved in it the monarchy. It was a total revolution in the existing order of things, for which the foundation was laid in this project of law. Pompeius and the Gabinian Laws These measures of a man who had just given so striking proofs of his vacillation and weakness surprise us by their decisive energy. Nevertheless the fact that Pompeius acted on this occasion more resolutely than during his consulate is very capable of explanation. The point at issue was not that he should come forward at once as monarch, but only that he should prepare the way for the monarchy by a military exceptional measure, which, revolutionary as it was in its nature, could still be accomplished under the forms of the existing constitution, and which in the first instance carried Pompeius so far on the way towards the old object of his wishes, the command against Mithradates and Tigranes. Important reasons of expediency also might be urged for the emancipation of the military power from the senate.
Pompeius could not have forgotten that a plan designed on exactly similar principles for the suppression of piracy had a few years before failed through the mismanagement of the senate, and that the issue of the Spanish war had been placed in extreme jeopardy by the neglect of the armies on the part of the senate and its injudicious conduct of the finances; he could not fail to see what were the feelings with which the great majority of the aristocracy regarded him as a renegade Sullan, and what fate was in store for him, if he allowed himself to be sent as general of the government with the usual powers to the east.
It was natural therefore that he should indicate a position independent of the senate as the first condition of his undertaking the command, and that the burgesses should readily agree to it.
It is moreover in a high degree probable that Pompeius was on this occasion urged to more rapid action by those around him, who were, it may be presumed, not a little indignant at his retirement two years before.
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