ection Takes Shape

5. V. III. Attacks on the Senatorial Tribunals

6. V. I. Insurrection of Lepidus

7. IV. X. Co-optation Restored in the Priestly Colleges

8. V. II. Mutiny of the Soldiers

9. IV. IV. Marius Commander-in-Chief

10. The extraordinary magisterial power (-pro consule-, -pro
praetore-, -pro quaestore-) might according to Roman state-law
originate in three ways. Either it arose out of the principle
which held good for the non-urban magistracy, that the office
continued up to the appointed legal term, but the official
authority up to the arrival of the successor, which was the oldest,
simplest, and most frequent case. Or it arose in the way of
the appropriate organs--especially the comitia, and in later times also
perhaps the senate--nominating a chief magistrate not contemplated
in the constitution, who was otherwise on a parity with
the ordinary magistrate, but in token of the extraordinary nature of
his office designated himself merely "instead of a praetor" or "of
a consul." To this class belong also the magistrates nominated in
the ordinary way as quaestors, and then extraordinarily furnished
with praetorian or even consular official authority (-quaestores
pro praetore- or -pro consule-); in which quality, for example,
Publius Lentulus Marcellinus went in 679 to Cyrene (Sallust, Hist.
ii. 39 Dietsch), Gnaeus Piso in 689 to Hither Spain (Sallust, Cat.
19), and Cato in 696 to Cyprus (Vell. ii. 45). Or, lastly,
the extraordinary magisterial authority was based on the right of
delegation vested in the supreme magistrate. If he left the bounds
of his province or otherwise was hindered from administering his
office, he was entitled to nominate one of those about him as his
substitute, who was then called -legatus pro praetore-(Sallust,
lug. 36, 37, 38), or, if the choice fell on the quaestor, -quaestor
pro praetore- (Sallust, Iug. 103). In like manner he was entitled,
if he had no quaestor, to cause the quaestorial duties to be
discharged by one of his train, who was then called -legatus pro
quaestore-, a name which is to be met with, perhaps for the first
time, on the Macedonian tetradrachms of Sura, lieutenant of
the governor of Macedonia, 665-667. 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 e