functions, such as the making communications to the burgesses, the command in war, the decision of processes of minor importance, the inquisition of crimes; he might, in particular, if he was compelled to quit the bounds of the city, leave behind him a "city-warden" (præfectus urbi), with the full powers of an alter ego; but all magisterial power existing by the side of the king's was derived from the latter, and every magistrate held his office by the king's appointment, and during the king's pleasure. All the officials of the earliest period, the extraordinary city-warden, as well as those who were probably nominated regularly, the "trackers of foul murder" (quæstores paricidii), and the "leaders of division" (tribuni, from tribus, part) of the infantry (milites) and of the cavalry (celeres), were mere royal commissioners, and not magistrates in the subsequent sense of the term. The regal power had not, and could not have, any external checks imposed upon it by law: the master of the community had no judge of his acts within the community, any more than the house-father had a judge within his household. Death alone terminated his power. If he had not himself nominated a successor (which must have been not only his lawful prerogative but very probably part of his duty), the burgesses assembled unsummoned, and designated a "temporary king" (interrex), who, however, could only remain in office five days, and was not allowed to claim the allegiance of the people on his own behalf. This interrex, having been nominated without competent summons, and therefore informally, could not himself nominate the new king; but he nominated a second interrex for other five days, who then designated the new king. The interrex might of course, before making his nomination, consult the burgesses or the council of elders, and assure himself that the person to be designated was agreeable to them; but in the election of king no formal co-operation was requisite on the part of the council of elders, and the burgesses only concurred after the nomination. In the eye of the law the new king was always and absolutely appointed by his predecessor.[1]
- ↑ Evidence of a direct nature regarding the constitutional procedure at the election of king in Rome is not to be looked for. But the nomination of dictator took place exactly in the mode here described, and the nomination of consul varied from it only in the circumstance of a binding right of pro-
