Secondly, _imperium_ stood for the supreme judicial power, for the
maintenance of peace between individual citizens. The king had an
unlimited power not only in deciding disputes but in inflicting
punishments, even that of death. But here again, though his power was
absolute, it was not arbitrary. Custom governed the State even more than
he did, and his work was to see that custom was obeyed. In order to make
sure that this duty was rightly performed, he was provided with a
council of elderly men (_senatores_), fathers of families, whose advice
custom compelled him to ask, though it did not compel him to take it.
Here, then, the exercise of discipline was combined with a sense of duty
and obligation, as in the life of the family; the Senate of the State
was the same in principle as the council of relations in the family.
Thirdly, _imperium_ stood for the absolute power of the commander in
war: and here, as we might expect, custom seems hardly to have
interfered with it. A Roman king in war was outside the custom of his
own State, beyond the reach of the protection of his own deities, and
under the influence of unknown ones. Both before starting on a campaign,
and before entering the city on its return, the army had to undergo
certain religious rites, which show how nervous even Romans were about
leaving their own land and gods. Custom could not rule here, and the
power of the general in the field remained throughout Roman history not
only absolute but arbitrary. Doubtless he could, and often did, not only
ask advice but take it, but he was never even morally obliged to do so:
in this one department of State activity the wise judgment of the Romans
left the _imperium_ practically unhampered.
Public-domain text, read in full here on John Shaqi.
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