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
the number of the then existing clans at a hundred, so that the
amalgamation of the three primitive communities had in state-law
the necessary consequence of an increase of the seats in the senate
to what was thenceforth the fixed normal number of three hundred.
Moreover the senators were at all times called to sit for life; and
if at a later period the lifelong tenure subsisted more -de facto-
than -de jure-, and the revisions of the senatorial list that
took place from time to time afforded an opportunity to remove the
unworthy or the unacceptable senator, it can be shown that this
arrangement only arose in the course of time. The selection of
the senators certainly, after there were no longer heads of clans,
lay with the king; but in this selection during the earlier epoch,
so long as the people retained a vivid sense of the individuality
of the clans, it was probably the rule that, when a senator died,
the king should call another experienced and aged man of the same
clanship to fill his place. It was only, we may surmise, when the
community became more thoroughly amalgamated and inwardly united,
that this usage was departed from and the selection of the senators
was left entirely to the free judgment of the king, so that he was
only regarded as failing in his duty when he omitted to fill up
vacancies.
Prerogatives of the Senate. The -Interregnum-
The prerogatives of this council of elders were based on the view
that the rule over the community composed of clans rightfully
belonged to the collective clan-elders, although in accordance
with the monarchical principle of the Romans, which already found
so stern an expression in the household, that rule could only be
exercised for the time being by one of these elders, namely the
king. Every member of the senate accordingly was as such, not in
practice but in prerogative, likewise king of the community; and
therefore his insignia, though inferior to those of the king, were
of a similar character: he wore the red shoe like the king; only
that of the king was higher and more handsome than that of the
senator. On this ground, moreover, as was already mentioned, the
royal power in the Roman community could never be left vacant When
the king died, the elders at once took his place and exercised the
prerogatives of regal power. According to the immutable principle
however that only one can be master at a time, even now it was only
one of them that ruled, and such an "interim king" (-interrex-) was
distinguished from the king nominated for life simply in respect
to the duration, not in respect to the plenitude, of his authority.
The duration of the office of -interrex- was fixed for the individual
holders at not more than five days; it circulated accordingly among
the senators on the footing that, until the royal office was again
permanently filled up, the temporary holder at the expiry of that
term nominated a successor to himself, likewise for five days,
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