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
These beliefs necessitated elaborate religious preliminaries to the
declaration of a war in order that it might be just and holy (_justum
piumque_),[223] as well as ceremonies for the conclusion of a peace that
was to bind the public conscience (_fides publica_).[224] Such a ritual
may have been performed, originally, by the king himself; but tradition
states that, at a very early period, a special guild of priests, the
Fetiales or public orators, were appointed for this purpose.[225] Their
chief functions were the declaration of war and the conclusion of peace,
but the ritual observed in both of these acts may be more appropriately
described when we are dealing with the international relations of Rome.
There were other religious preliminaries to a war which, though not
necessitated by divine law, it was highly expedient to observe, in order
to increase the chances of victory. Vows (_vota_) were offered to the
native gods, and for these to be valid they must be couched in a form
prescribed by the pontifical college.[226] And sometimes the king, before
a battle or a siege, chants an incantation (_carmen_), the purport of
which is to weaken the loyalty of the enemies’ gods to their worshippers,
and to bring them over to the side of Rome. He bribes them with temples,
offerings, and the honours of a special cult.[227] If the bribery is
effective and the city falls, he must carry out his pledge. The conquered
gods are received at Rome; and their worship is guaranteed by the
distribution of their cults over the patrician clans.[228] The instances
preserved of this _devotio_ and _evocatio_ naturally date from the time
of the Republic.[229] During this period the forms are prescribed by the
pontiffs. But the antiquity of the procedure is beyond question. The
results of evocation on the part of the king, who was his own pontiff,
are manifested in the local worships of the conquered towns of Latium,
which found an early home at Rome.
If we turn from the religious to the civil powers of the king, it is
easier to estimate their extent than to determine the precise modes
of their exercise. Later belief credited him with the sole executive
power of the state. The Roman kings possessed πᾶσα ἀρχή, and exercised
the _imperium_ at their own discretion.[230] Such statements are not
surprising if we remember what is implied in the _imperium_, and that
there appear to have been no legal limitations to its exercise during
the monarchy. _Imperium_ implied the combination of the highest military
and civil authority; it united jurisdiction with command in war, and
it included the further right of intercourse with the people (_jus
rogandi_); while the later restrictions on this power, the limitation of
office by time or by colleagueship, had not yet been created. The king
held office for life, and he had no colleague; for the other officials in
the state must have been mere delegates whom, in the strict theory of the
constitution, he permitted to exist.
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