Along with this change the formal powers of the people in the nomination of magistrates as well as in questions of government, administration, and finance, received a hazardous extension. The priesthoods—particularly those politically most important, the colleges of men of lore—according to ancient custom filled up the vacancies in their own ranks, and nominated also their own presidents, where these corporations had presidents at all; and in fact, for such institutions destined to transmit the knowledge of divine things from generation to generation, the only form of election in keeping with their spirit was cooptation. It was therefore—although not of great political importance—significant of the incipient disorganization of the republican arrangements, that at this time (before 542), while election into the colleges themselves was left on its former footing, the designation of the presidents—the -curiones- and -pontifices-—from the ranks of those corporations was transferred from the colleges to the community. In this case, however, with a pious regard for forms that is genuinely Roman, in order to avoid any error, only a minority of the tribes, and therefore not the “people,” completed the act of election.
Interference of the Community in War and Administration
Of greater importance was the growing interference of the burgesses in questions as to persons and things belonging to the sphere of military administration and external policy. To this head belong the transference of the nomination of the ordinary staff-officers from the general to the burgesses, which has been already mentioned;(63) the elections of the leaders of the opposition as commanders-in-chief against Hannibal;(64) the unconstitutional and irrational decree of the people in 537, which divided the supreme command between the unpopular generalissimo and his popular lieutenant who opposed him in the camp as well as at home;(65) the tribunician complaint laid before the burgesses, charging an officer like Marcellus with injudicious and dishonest management of the war (545), which even compelled him to come from the camp to the capital and there demonstrate his military capacity before the public; the still more scandalous attempts to refuse by decree of the burgesses to the victor of Pydna his triumph;(66) the investiture—suggested, it is true, by the senate—of a private man with extraordinary consular authority (544;(67)); the dangerous threat of Scipio that, if the senate should refuse him the chief command in Africa, he would seek the sanction of the burgesses (549;(68)); the attempt of a man half crazy with ambition to extort from the burgesses, against the will of the government, a declaration of war in every respect unwarranted against the Rhodians (587;(69)); and the new constitutional axiom, that every state-treaty acquired validity only through the ratification of the people.
Interference of the Community with the Finances