When we first begin to see clearly into the working of the Roman State,
what chiefly strikes us is the unlimited power of the magistrate in all
the departments of government. Just as the head of the family had an
absolute power over its members, so had the king (_rex_) an unlimited
power over the citizens. In the family the word for this power was
_potestas_, but in the State it was called _imperium_—one of the
greatest words ever coined, surviving to the present day in many
familiar forms. For the Roman it expressed more strikingly than any
other the idea of discipline in the State: it stamped on his mind the
inherited conviction that lawful authority must be implicitly obeyed.
Not unlawful authority, ill gotten by fraud or violence; for such power
the word _imperium_ could never be used: but authority entrusted to an
individual by the human members of the State, and sanctioned by the
consent of its divine members. For the _imperium_ must be conferred upon
its holder by an act of the people, and the gods must give their consent
by favourable omens; both processes, the passing of the law, and the
obtaining of the _auspicia_, must be gone through according to certain
traditional methods, and the slightest flaw in these would make the
choice of the magistrate invalid. But once legally in his hands, the
_imperium_ was irresistible; its outward symbols, the rods and axes of
the lictors, accompanied its holder wherever he went, to remind the
Roman that the first duty of a citizen was obedience to constituted
authority.
This word _imperium_ stood for three different kinds of power. First,
the king was supreme in matters of religion, for he was responsible for
the good relations between the human and divine inhabitants of the city,
for “the peace of the gods” as it was called. If this peace, or
covenant, were not kept up, it was believed that the State could not
prosper—the very life of the State depended on it.
But now let us note a point of the utmost importance in the development
of Roman public life. The king could not perform this duty entirely by
himself; no single man could have the necessary knowledge of all the
details of ancient religious custom. So he was assisted by a small board
of skilled experts called _pontifices_, perhaps also by another board of
_augurs_, skilled in the methods of discovering the divine will by
omens. Thus the _imperium_ in religious matters, though still legally
unlimited, was saved from becoming arbitrary and violating ancestral
custom: the king is entrusted with power which he uses in accordance
with the advice of sages.
Public-domain text, read in full here on John Shaqi.
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