The History of Rome, Book I: The Period Anterior to the Abolition of the MonarchyMommsen, Theodor
History
The History of Rome, Book I: The Period Anterior to the Abolition of the Monarchy
Mommsen, Theodor
Rome -- History
of families under patriarchal chiefs, which we may conceive to
have prevailed in the Graeco-Italian period, may appear different
enough from the later forms of Italian and Hellenic polities; yet
it must have already contained the germs out of which the future
laws of both nations were moulded. The "laws of king Italus,"
which were still applied in the time of Aristotle, may denote the
institutions essentially common to both. These laws must have
provided for the maintenance of peace and the execution of justice
within the community, for military organization and martial law
in reference to its external relations, for its government by a
patriarchal chief, for a council of elders, for assemblies of the
freemen capable of bearing arms, and for some sort of constitution.
Judicial procedure (-crimen-, --krinein--, expiation (-poena-,
--poinei--), retaliation (-talio-, --talao--, --tleinai--, are
Graeco-Italian ideas. The stern law of debt, by which the debtor
was directly responsible with his person for the repayment of what
he had received, is common to the Italians, for example, with
the Tarentine Heracleots. The fundamental ideas of the Roman
constitution--a king, a senate, and an assembly entitled simply to
ratify or to reject the proposals which the king and senate should
submit to it--are scarcely anywhere expressed so distinctly as
in Aristotle's account of the earlier constitution of Crete. The
germs of larger state-confederacies in the political fraternizing
or even amalgamation of several previously independent stocks
(symmachy, synoikismos) are in like manner common to both nations.
The more stress is to be laid on this fact of the common foundations
of Hellenic and Italian polity, that it is not found to extend to
the other Indo-Germanic stocks; the organization of the Germanic
community, for example, by no means starts, like that of the Greeks
and Romans, from an elective monarchy. But how different the
polities were that were constructed on this common basis in Italy
and Greece, and how completely the whole course of their political
development belongs to each as its distinctive property,(10) it
will be the business of the sequel to show.
Religion
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