ht to appoint the dictator. Great regard had
certainly to be shown to the community; the right of bestowing the
public magistracies could not be withdrawn from it; but, as has
likewise been already observed, care was taken that this election of
magistrates should not be constructed into the conferring of definite
functions, especially of the posts of supreme command when war was
imminent. Moreover the newly introduced idea of special functions on
the one hand, and on the other the right practically conceded to the
senate of dispensation from the laws, gave to it an important share
in official appointments. Of the influence which the senate exercised
in settling the official spheres of the consuls in particular, we have
already spoken.(26) One of the most important applications of the
dispensing right was the dispensation of the magistrate from the legal
term of his tenure of office--a dispensation which, as contrary to the
fundamental laws of the community, might not according to Roman state-law
be granted in the precincts of the city proper, but beyond these
was at least so far valid that the consul or praetor, whose term was
prolonged, continued after its expiry to discharge his functions
"in a consul's or praetor's stead" (-pro consule- -pro praetore-).
Of course this important right of extending the term of office
--essentially on a par with the right of nomination--belonged by
law to the community alone, and at the beginning was in fact exercised
by it; but in 447, and regularly thenceforward, the command of the
commander-in-chief was prolonged by mere decree of the senate. To this
was added, in fine, the preponderating and skilfully concerted influence
of the aristocracy over the elections, which guided them ordinarily,
although not always, to the choice of candidates agreeable to
the government.
Senatorial Government
Finally as regards administration, war, peace and alliances, the
founding of colonies, the assignation of lands, building, in fact
every matter of permanent and general importance, and in particular
the whole system of finance, depended absolutely on the senate.
It was the senate which annually issued general instructions to the
magistrates, settling their spheres of duty and limiting the troops
and moneys to be placed at the disposal of each; and recourse was
had to its counsel in every case of importance. The keepers of the
state-chest could make no payment to any magistrate with the exce
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