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
In matters of private law we have already witnessed the presence of
religion in marriage, adoption, testament, and the transmission of the
_sacra_. Its authority may be further illustrated by the formularies
of civil procedure. Here the form of words was all-important, and in
the early Republic all binding _formulae_, whether for oaths that were
to be effectual, for vows or for consecration, were known only to the
pontiffs. The solemn forms of law (_legis actiones_) issued from the
same authority, and in one of their most frequent manifestations, the
_sacramentum_, the procedure was distinctly religious.[222] But who could
say whether the king, when he gave the prescribed form of words for an
action, acted as a religious or a civil head, as the representative of
_fas_ or _jus_? Here we are on the borderland between the two.
(iii.) Nations know no common _jus_, and _fas_ is the sole support of
international law. Each people is protected by its own divine guardians;
hence a war of two nations is a contest between their gods, and a treaty
between two peoples a compact between their respective divinities. But
each nation is to some extent under the protection of the other’s gods.
Jupiter of Rome is powerless if the war commenced by Rome is unjust, and
will punish his own people if they have stained his honour by violating a
treaty. Even though there is no belief in community of guardianship, the
rights of other peoples are still conceived to be under the protection of
the Roman gods.
Public-domain text, read in full here on John Shaqi.
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