The ''lex Gabinia'' (Gabinian Law), ''lex de uno imperatore contra praedones instituendo'' (Law establishing a single commander against raiders) or ''lex de piratis persequendis'' (Law on pursuing the pirates) was an ancient Roman special law passed in 67 BC, which granted

Pompey the Great Gnaeus Pompeius Magnus (; 29 September 106 BC – 28 September 48 BC), known in English as Pompey or Pompey the Great, was a leading Roman general and statesman. He played a significant role in the transformation of ...

proconsul A proconsul was an official of ancient Rome who acted on behalf of a consul. A proconsul was typically a former consul. The term is also used in recent history for officials with delegated authority. In the Roman Republic, military command, or ' ...

ar powers in any

province A province is almost always an administrative division within a country or sovereign state, state. The term derives from the ancient Roman ''Roman province, provincia'', which was the major territorial and administrative unit of the Roman Empire ...

within 50 miles of the

Mediterranean Sea The Mediterranean Sea is a sea connected to the Atlantic Ocean, surrounded by the Mediterranean Basin and almost completely enclosed by land: on the north by Western and Southern Europe and Anatolia, on the south by North Africa, and on the ea ...

without holding a properly elected

magistracy A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...

for the purpose of combating

piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...

. It also gave Pompey the power to appoint many legates and significant financial resources. The law was proposed and passed by the

tribune Tribune () was the title of various elected officials in ancient Rome. The two most important were the tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs acted as a check on the ...

Aulus Gabinius Aulus Gabinius (by 101 BC – 48 or 47 BC) was a Roman statesman and general. He was an avid supporter of Pompey who likewise supported Gabinius. He was a prominent figure in the latter days of the Roman Republic. Career In 67 BC, when tribune ...

Passage and immediate impact

Pompey enjoyed huge popularity amongst the

plebeians In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words " commoners". Both classes were hereditary. Etymology The precise origins of ...

of Rome on account of his previous successes against Sertorius and the allies of

Gaius Marius Gaius Marius (; – 13 January 86 BC) was a Roman general and statesman. Victor of the Cimbric and Jugurthine wars, he held the office of consul an unprecedented seven times during his career. He was also noted for his important refor ...

, but the

Roman Senate The Roman Senate ( la, Senātus Rōmānus) was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome (traditionally founded in ...

was wary of him and his growing power. The Senate was reluctant to give massive powers to any one man, especially one as popular as Pompey, fearing it would allow another

dictator A dictator is a political leader who possesses absolute power. A dictatorship is a state ruled by one dictator or by a small clique. The word originated as the title of a Roman dictator elected by the Roman Senate to rule the republic in times ...

to seize power as

Sulla Lucius Cornelius Sulla Felix (; 138–78 BC), commonly known as Sulla, was a Roman general and statesman. He won the first large-scale civil war in Roman history and became the first man of the Republic to seize power through force. Sulla had ...

had done just fifteen years before. The people, however, were unconcerned about vague abstractions of tyranny. They were concerned about the material effects of the pirates' raids and resulting disruption of the grain supply. In 68 BC, pirates set ablaze Rome's port at Ostia, destroyed the consular war fleet, and kidnapped two prominent senators, along with their retinue. Pompey, seeing a political opportunity, arranged for Aulus Gabinius to introduce what would become ''lex Gabinia''. The command came with a substantial

fleet Fleet may refer to: Vehicles *Fishing fleet *Naval fleet *Fleet vehicles, a pool of motor vehicles *Fleet Aircraft, the aircraft manufacturing company Places Canada * Fleet, Alberta, Canada, a hamlet England * The Fleet Lagoon, at Chesil Beach ...

and

army An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...

to fight the growing problems of

pirates Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...

disrupting trade in the

Appian Appian of Alexandria (; grc-gre, Ἀππιανὸς Ἀλεξανδρεύς ''Appianòs Alexandreús''; la, Appianus Alexandrinus; ) was a Greek historian with Roman citizenship who flourished during the reigns of Emperors of Rome Trajan, Hadr ...

, in his ''Roman History'', estimated it at 270 warships, 120,000

infantry Infantry is a military specialization which engages in ground combat on foot. Infantry generally consists of light infantry, mountain infantry, motorized infantry & mechanized infantry, airborne infantry, air assault infantry, and marine i ...

, and 4,000

cavalry Historically, cavalry (from the French word ''cavalerie'', itself derived from "cheval" meaning "horse") are soldiers or warriors who fight mounted on horseback. Cavalry were the most mobile of the combat arms, operating as light cavalry ...

. Others estimate these at 500 warships, 120,000 infantry and around 5,000 cavalry. He was also granted 144 million sesterces, disposal of the state treasury, and the authority to appoint 25 legates of praetorian rank. He was given an unprecedented term of three years to solve the problem. Pompey managed to defeat the pirates in just three months. Because most Roman territory was within the 50-mile limit around the Mediterranean, the law gave Pompey, who was then just 39, power over almost every province. In fact, this led to a dispute in 67 BC with the proconsul

Quintus Caecilius Metellus Creticus Quintus Caecilius Metellus Creticus (c. 114 BC – late 50s BC) was a politically active member of the Roman upper class. He was praetor in 74 BC and pontifex from 73 BC until his death. He was consul in 69 BC along with Quintus Hortensius Hortalu ...

, when the Cretans attempted to obtain better terms from Pompey than they were receiving from Metellus, who was charged with pacifying Crete.

Legacy

The main impact of the ''lex Gabinia'' was not its direct impact on Roman trade, though this was considerable. Rather, it created a clear vision of the unity of the Republic's empire under the control of one man. While Sulla, during his dictatorship, had intended to strengthen the senate and weaken the popular assemblies, Pompey's career and preceding consulship in 70 BC showed clearly that the Sullan constitutional reforms were not working. The senate was not empowered; power was not being shared among the aristocracy. The elevation of a person who, until his election to the highest office in the state was not even a senator, to a military command over an immense swath of the Republic's empire, established the precedent of extreme centralisation of military authority that could become central to the constitutional arrangements of the Principate. During the

Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...

, the law served as precedent for Augustus' receipt of greater proconsular authority over the entire empire in the constitutional settlement of 23 BC. The provision allowing Pompey to appoint various legates with propraetorian authority was a forerunner to the '' legati Augusti'' who served as the emperor's deputies in his provinces. That it occurred during the Republic allowed Augustus room to claim that his actions were not out of line with the ''mos maiorum'' (the ways of the ancestors) lending him credibility in claiming the restoration of the Republic and the sovereignty of the Roman people.

References

External links

The Roman Law Library, incl. ''Leges''
{{Italic title Roman law 67 BC 1st century BC in law 1st century BC in the Roman Republic Pompey Piracy law

Passage and immediate impact

Legacy

See also

References

External links