Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
of pontiffs and augurs, who cultivate the science, not the mere ritual of
religion, and who have no possible connexion with the king’s household
arrangements.
At the head of this imposing organisation stands the _rex_, and, in
virtue of this position, he is the chief expounder of the rules of divine
law (_fas_). It is a law which has hardly any limits, running parallel
with civil justice (_jus_) but far beyond its bounds. Three methods of
its operation may conveniently be distinguished. One is purely religious
and ritualistic and is expressed in the control of priesthoods, religious
colleges, and cults. The second asserts itself in a control over the life
of the ordinary citizen in matters criminal and civil. The third is that
which connects the Roman state with other independent communities and
forms the international law of the period.
(i.) The control over priesthood and _cultus_ belongs to the history
of religion rather than to that of constitutional law, and it chiefly
presents a legal aspect in connexion with the question of religious
jurisdiction. The difficult questions that arose in Republican times
from the clashing of the religious and the civil power could hardly have
been heard of as yet, for the supreme control of both was vested in the
same man. But the very nature of this disciplinary jurisdiction over
priests has been a matter of some dispute. The favourite hypothesis of
a family jurisdiction has been applied to the case, and the hypothesis
may conceivably be correct so far as the Flamens and the Vestals are
concerned, although even in this sphere it is doubtful by what paternal
right the head of religion could do the Vestal’s paramour to death. Other
phases of the power are still more inexplicable on this ground. A right
of punishing augurs for a breach of ritualistic rules survived into the
Republic, and seems to be a jurisdiction exercised over them as members
of a religious body. There is, however, no trace of the priesthood
holding a privileged position, and in all secular matters its members
are subject to the ordinary law. Such privileges as they possess rest on
religious scruples. When the Flamen was caught (_captus_) for the god, he
became free from the paternal power,[207] and the civil authority could
not compel him to take an oath.[208] The persons of the Vestals were
inviolable;[209] the sanctity of both Flamens and Vestals also invested
them with the right of _asylum_. The bonds were struck off the prisoner
who took refuge in the Flamen’s house; and, if the criminal on the way to
punishment met him or the Vestal, he could not be scourged or executed
on that day. But it is only in these two cases that the severance from
the world is strongly marked; we have no reason for believing that, in
the earliest period of Rome’s history, the members of the religious
orders were isolated from the mass of the people with privileges and a
jurisdiction all their own.
Public-domain text, read in full here on John Shaqi.
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