The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
did the centuriate assembly acquire the right to declare an aggressive
war; probably not till some time afterward was this right established as
inalienable. Previous to that date the warriors, perhaps in a contio,
were occasionally called on to give their approval, doubtless, as has
been explained above,[1042] to increase their enthusiasm for the war.
With reference to the legislative activity of the assembly under
the kings, it is necessary to call attention to the fact that among
all peoples in the earlier stages of their growth law is chiefly
customary.[1043] At the time of her founding Rome inherited from the
Latin stock, to which her people mainly belonged, a mass of private and
public customs, which, owing their existence to no legislative power,
were the result of gradual evolution. Under such conditions, as in
Homeric Greece, the king or chief settled disputes in accordance with
these usages, though in the general belief his individual judgments
came directly to him from some god. The Homeric king received his
dooms—θέμιστες—and even his thoughts from the gods.[1044] The mythical or
semi-mythical legislators of Greece, as Minos, Lycurgus, and Zaleucus,
were given their laws by revelation. In like manner Numa, who may be
considered a typical legislator for primitive Rome,[1045] received
his sacred laws and institutions from the goddess Egeria;[1046] and
Romulus, the first great law-giver,[1047] was a demi-god, who passed
without dying to the dwelling-place of the immortals.[1048] Roughly
distinguished, Romulus was the author of the secular law, Numa of the
sacred.[1049] In general the Romans of later time looked back to their
kings, the founders of their state,[1050] as the authors not only
of their fundamental laws and institutions but even of their moral
principles.[1051] Doubtless the Roman view of the ancient king is an
image of the republican dictatorship, of the extraordinary magistratus
rei publicae constituendae, of the consul freed from his various
limitations;[1052] but the picture, stripped of the distinctness which
came with the gradual formulation of constitutional usage, is, as
comparative study shows, true to the primitive condition which it aims to
represent.
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