Well, AFAIK there is nothing in the rules that says you can't do that. However, without an edict (or a voting, if that's allowed - which I, by the way, think it should), the senate (which includes the consuls) are not obliged to support you. Meaning, we could refuse to retrain your losses, send reinforcements, or do anything to back you up at all.
Personally I think this is a rather lame disincentive to attacking a settlement without senatorial backing, but meh.
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