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 Roman general and statesman who was prominent in the last decades of the Roman Republic. ...

proconsul A proconsul was an official of ancient Rome who acted on behalf of a Roman consul, 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 ...

ar powers in any

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

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 east by the Levant in West Asia, on the north by Anatolia in West Asia and Southern Eur ...

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) * Magistrates' cour ...

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 valuable goods, or taking hostages. Those who conduct acts of piracy are call ...

. 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 Tribune of the Plebs, tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs ac ...

Aulus Gabinius.

Passage and immediate impact

Pompey enjoyed huge popularity amongst the

plebeians In ancient Rome, the plebeians or plebs were the general body of free Roman citizens who were not Patrician (ancient Rome), patricians, as determined by the Capite censi, census, or in other words "commoners". Both classes were hereditary. Et ...

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 Cimbrian War, Cimbric and Jugurthine War, Jugurthine wars, he held the office of Roman consul, consul an unprecedented seven times. Rising from a fami ...

, but the

Roman Senate The Roman Senate () was the highest and constituting assembly of ancient Rome and its aristocracy. With different powers throughout its existence it lasted from the first days of the city of Rome (traditionally founded in 753 BC) as the Sena ...

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 (social and political), power. A dictatorship is a state ruled by one dictator or by a polity. The word originated as the title of a Roman dictator elected by the Roman Senate to r ...

to seize power as

Sulla Lucius Cornelius Sulla Felix (, ; 138–78 BC), commonly known as Sulla, was a Roman people, Roman general and statesman of the late Roman Republic. A great commander and ruthless politician, Sulla used violence to advance his career and his co ...

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 and

army An army, ground force or land force is an armed force that fights primarily on land. In the broadest sense, it is the land-based military branch, service branch or armed service of a nation or country. It may also include aviation assets by ...

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 valuable goods, or taking hostages. Those who conduct acts of piracy are call ...

disrupting trade in the

Appian Appian of Alexandria (; ; ; ) was a Greek historian with Roman citizenship who prospered during the reigns of the Roman Emperors Trajan, Hadrian, and Antoninus Pius. He was born c. 95 in Alexandria. After holding the senior offices in the pr ...

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

infantry Infantry, or infantryman are a type of soldier who specialize in ground combat, typically fighting dismounted. Historically the term was used to describe foot soldiers, i.e. those who march and fight on foot. In modern usage, the term broadl ...

, and 4,000

cavalry Historically, cavalry (from the French word ''cavalerie'', itself derived from ''cheval'' meaning "horse") are groups of soldiers or warriors who Horses in warfare, fight mounted on horseback. Until the 20th century, cavalry were the most mob ...

. 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 Hortal ...

, 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 ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Roman people, Romans conquered most of this during the Roman Republic, Republic, and it was ruled by emperors following Octavian's assumption of ...

, 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''
{{Pompey 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