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The

American Historical Review

THE EXTRAORDINARY COMMANDS FROM 80 TO 48 B. C. : A STUDY IN THE ORIGINS OF THE PRINCIPATE

HE ultimate basis of the Principate, as established by Augustus, was the imperium, unrestricted in its scope, which gave its holder the supreme command over the whole army of the empire, so that all troops took the military oath of allegiance to him and obeyed his orders. The maius imperium which the Princeps held was essentially an extraordinary imperium, because of the fact that it conferred the sole independent command over all the Roman troops, was not limited to any definite area, and, after a short time, was freed likewise from any temporal restriction. Mommsen2 long ago pointed out that this was but the culmination of a series of extraordinary imperia of a military nature which had been created from time to time during the last century of the republic, and which must be regarded as preparatory steps in the establishment of the Principate. In this respect the career of Pompey the Great especially foreshadowed that of Augustus.

It is the purpose of this study to trace the history of these extraordinary commands from the reforms of Sulla to the victory of Caesar at Pharsalia: not only such as fall within Mommsen's classification as the commands of extraordinary military officials, but all commands which were extraordinary in that they exceeded in some way the imperia of the regularly constituted officials and required to be created or defined by a special enactment of the Senate or Comitia. It is hoped that the study of these commands in their chronological order, apart from other political problems of the time,

1 Mommsen, Römisches Staatsrecht, vol. II., pt. 2 (third ed.), p. 840 ff. All subsequent references to this work are to the third edition.

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will help to bring into clearer light the essentially military character of the foundations of the Principate.

For the purpose in view it will be found convenient to consider separately the following periods: (I.) 80-70 B. C.; (II.) 70-60 B. C.; (III.) 60–48 B. C.

I. THE EXTRAORDINARY COMMANDS UNDER SENATORIAL CONTROL, 80-70 B. C.

Before the reorganization of the Roman governmental system effected by Sulla in the years 81 and 80 B. C., it had been the regular custom for the consuls, in virtue of their imperium militiae, to undertake any military operations required by circumstances arising within or without the empire during their term of office. The exercise of this power had been restricted in some degree by the creation of the provincial governorships, whose holders had authority to deal with. such wars as were confined within the limits of their respective spheres, but even within these provinces the consul could exercise his maius imperium when occasion demanded. Thus the conduct of wars with other peoples was a recognized part of the consul's duties, and, if he who first undertook the command failed to end the affair, the consul of the following year succeeded to the command of the army in the field, unless the former was retained beyond his regular term, as a proconsul. The determination of the consular provinciae had come to be entirely in the hands of the Senate,* and up to 123 B. C. they had been decided upon after the election of the consuls. The Lex Sempronia (de provinciis consularibus) of that year weakened the senatorial control by requiring that these provinciae be fixed prior to the elections, although the Senate's authority was recognized by a provision forbidding the use of the veto on the senatorial assignments.5

But the vicissitudes of war had forced the Romans to depart at times from their regular system. For example, in 211 B. C. Publius Cornelius Scipio, who had not yet held any magistracy, in place of one of the consuls, as they were needed for the conduct of the war in Italy, was entrusted with the command in Spain with the imperium of a proconsul, by a special law of the Comitia Centuriata. In 147 B. C. Scipio Aemilianus, then consul elect, received the command. in the war against Carthage by a special vote of the people,' and in 4 Livy, XXI. 17 (218 B. C.).

8, 17.

5 Sallust, Jugurtha, 27; Cicero, Pro Domo, 9, 24; De Provinciis Consularibus,

6 Livy, XXVI. 18; XXVIII. 43, 11.

7 Appian, Libyca, 112.

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the same way Marius, consul for 107, had been appointed to conduct the war against Jugurtha. In the first case we have to do with the creation of an extraordinary office, and in the last two with the usurpation by the Comitia of the Senate's right to fix the consular provinces.

Military necessities had likewise brought about the four successive consulships of Marius, and the danger of such a prolonged military command, over an army of professional soldiers, in the hands of the first magistrate, had been revealed by the union of the popular demagogues with the soldiers' idol, which caused the temporary success of Saturninus and Glaucia, and the sixth consulship of Marius. That the value of such an important military command in conjunction with the consulship was fully recognized by Roman political parties is shown by the struggle between Marius and Sulla for the command in the Mithradatic War in 88 B. C., when the former actually succeeded in having a law passed which conferred the command upon him, although he was then a privatus. In 83 Sulla demonstrated more clearly than ever that the successful general was master of the political situation. Thus the problem of the command in every war of any considerable magnitude was almost certain to contain a latent danger to the security of the Senate's control of the state.

This fact cannot have escaped the notice of Sulla, when he endeavored to place the Senate once more firmly in the saddle, and the study of the extraordinary commands during the decade following his abdication of the dictatorship will show what measures, if any, he took to protect the Senate against the rise of an ambitious general of the opposing faction, while it may also throw light upon what limitations were placed upon the exercise of the imperium militiae by the consuls in office.

(a) The Command of Pompey in Sicily and in Africa, 82-79 B. C.

The decade 80-70 B. C. opens with an extraordinary command that had originated during the struggle between Sulla and the party of Marius, namely that of Cnaeus Pompey in Africa, which won him the honor of a triumph on March 12, 79 B. C.10 The origin and precise nature of this command are not very clearly indicated in our sources. Apparently, up to 82 B. C., Pompey was merely in the position of commander of the forces which he had raised by his own efforts, without any official warrant for his authority, but gladly 8 Sallust, Jug., 73, 7; 84, 1.

Appian, De Bellis Civilibus, I. 56.

10 Granius Licinianus, 36; Livy, Periochae, 89; CIL. (second ed.), I. 178.

welcomed by Sulla and acting under his orders. However, in that year, while Sulla remained in Italy, Pompey received a commission to carry on the war in Sicily and, later, in Africa. He now exercised an imperium bestowed by a decree of the Senate." This imperium was that of a propraetor, 12 but he himself was as yet a mere equestrian, having held no magistracy.13 Still, the conferment of imperium upon a privatus was, as we have seen, not without precedent, and in the turmoil of the civil war would have passed with little comment had not Pompey insisted on a triumph.14 The novel feature of his appointment was that it was made by the Senate without any participation by the Comitia. However, few could have thought of it as the first of a long series of extraordinary commands which had such fatal consequences for the senatorial régime.

(b) Pompey's Command against Lepidus, 77 B. C.

After a brief interval, in 77 B. C., Pompey received his second extraordinary command, on the occasion of the revolt of Lepidus against the Senate. Plutarch15 tells us that Pompey, throwing in his lot with the Senate, was appointed orpaтεúμaтоs yeμúv against Lepidus. Our other sources merely record his part in the struggle without reference to his appointment or position. We have to determine, therefore, whether Pompey actually held an imperium, and, if so, what it was. One might suppose that Pompey was merely a legatus of Catulus, who was proconsul and the senatorial commander. The Senate, as is well known, had control of the appointments of legati until 59 B. C.,16 and his was a senatorial commission. But if such were the case it seems likely that Plutarch would have styled him ὑποστρατηγός oι πρεσβεύς 17 Further, in view of the fact that Pompey had just recently enjoyed a propraetorian imperium, it is hardly likely that he would have been content with a post of lesser rank.

We may conclude then that the senate, having need of an experienced general such as Pompey already was, and fearing that he

11" Cum imperio, a senatu missus ", Livy, Per., 89; dóyμa σvykλýтov, Plutarch, Pompey, 11.

12 Gran. Licin., 36: “ eques Romanus, quod nemo ante propraetore ex Africa triumphavit IV Idus Martias ".

13 Livy, Per., 89: " adhuc eques Romanus, quod nulli contigerat, ex Africa tri umphavit ".

14 From the references quoted it will be seen that this is what created the greatest impression at the time; cf. Plut., Pomp., 14.

15 Pomp., 16.

16 Cicero, In Vatinium, 15, 35.

17 As in Pomp., 25.

might join the popular party, sought to bind him more firmly to their interests by giving him a command when he attached himself to their cause. His imperium would naturally be defined. That it was not proconsular is certain, for he was under the orders of Catulus, at least nominally.18 Most probably, therefore, it was a command pro praetore. The most important features of this appointment are that it was again as a privatus that Pompey received his command, and that he was given it by the Senate.

(c) Pompey's Command against Sertorius in Spain, 77–71 B. C.

In the same year Pompey received his third extraordinary command, regarding which we have fuller information than in the preceding cases. The war against Sertorius in Spain was going badly for the Romans. Metellus, who had been sent out while consul to Hispania Ulterior in 80 B. C. and who had remained there as proconsul, failed to make any headway.19 In 79 B. C. Domitius Ahenobarbus, the praetor governing Hispania Citerior with proconsular rank, had fallen in battle.20 Lucius Manlius, the proconsul from Narbo, coming to the help of Metellus, met the same fate.21 The despatch of a new commander was an imperative necessity. It was considered the duty of the consuls to go,22 but they refused.23 Then Pompey, eager for new laurels, sought the command. He had refused to disband his army at the orders of Catulus, and at the head of his troops awaited the answer to his demand.24 In spite of considerable opposition within their ranks, the senators, on the motion of Lucius Philippus, passed a decree conferring the command upon him.25

26

Thus Pompey, while still a mere eques, was entrusted with proconsular imperium for the conduct of a serious war. Although exercising this imperium pro consule," equal with that of Metellus," he had not the title proconsul. Indeed, as was remarked sarcastically

18 Pomp., 17.

19 Appian, B. C., I. 97; Valerius Maximus, 9, 3, 9.

20 Sallust, Hist., I. 111; Plut., Sertorius, 12; Eutropius, VI. 1; Liv., Per., 90. 21 Plut., Sert., 12; Liv., Per., 90.

22 Cic., Pro Lege Manilia, 21, 62.

23 Ibid.; Philippica, XI. 8, 18: "consules recusabant".

24 Plut., Pomp., 17.

25 Cic., Pro Leg. Man., 21, 62; Phil., XI. 8, 18.

26 Locc. citt.; Liv., Per., 91; Plut., Pomp., 17.

27 [Aurel. Vict.], De Viris Illustribus, in calling Pompey praetor with proconsular imperium, has in mind the constitutional position of the regular governors in Spain. Liv., Per., 91, erroneously has imperium consulare.

28 Valerius Maximus, VIII. 15, 8: “pari imperio cum Pio Metello principe civitatis".

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