Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

REX. REX. s.93
ister justice alone, but was fettered by a consiliumn, to the king (Tac. Ann. xi. 22) and Junius Grace
since it is brought forward as a reproach against chanus to the people. (Dig. 1. tit. 13.) Livy ex.
Tarquinius Superbus, cogsnitiones capitaliunm rerm pressly says (i. 26) that the Deslztviri Perduedsine consiliis per se solus exercebat (Liv. i. 47); lionis were appointed by the king; and if these
but it is not easy to believe in the existence of were the same officers as the Quaestores during the
such a consilium in the times of the early kings, or kingly period, as many writers maintain, there can
if it did exist, it must have been a body simply to be no doubt that the latter were nominated by
advise the king, and could not have had the power the king.
of controlling him, as he administered justice in Fu'rther, the king was not dependent upon the
virtue of his possessing the imperium. There is people for his support; btt a large portion of the
mnoreover no case recorded in which the consilium ager publicus belonged to him, which was cultihad any share in the administration of justice. vated at the expense of the state on his behalf.
From the decision of the king there seems to (Cic. de Relp. v. 2.) lie had also the absoluto
have been no appeal (prsovocatio). This is in- disposal of the booty taken in war and of the conll
deed denied by Niebuhr, who maintains that in quered lands. (Dionys. ii. 28, 62; Cic. de Rep. ii.
all cases affecting the caput of a Roman citizen, 9, 14, 18.)
an appeal lay from the king to the people in It must not, however, be supposed that the authe conlitia of the curiae, and who further argues thority of the king was absolute. The senate and
that this was an ancient right of the patricians, the assembly of the people must have formed some
and was extended to the plebs by the Lex Va- check upon his power; though, if the views we
leria, enacted at the establishment of the re- have been stating are correct, they were far fi'ol
pulblic. It is true that the ancient writers refer possessing the extensive privileges which Dionysius
the institution of the provocutio to the kingly (il. 14) aSSi11S to them. The senate and the
period (Liv. i. 26, viii. 33; Cic. preo Ail. 3; Val. coinitiE of the curiae were not independent bodies
IMax. vi. 3. ~ 6, viii. 1. ~ 1; Festus, s. v. sororizmz possessing the right of meeting at certain times and
tigillzun; Cic. de Rep. ii. 31), but it by no means discussing questions of state. They could only be
follows that the provocatio of that early time wa;s called toogether when the king chose, and filrtilec
the same as the right secured by the Lex Valeria, could only detersmine upon matters which the king,
which was regarded as the great bulwark of the submitted to them. The senate was simply the
liberty of a Itoman citizens We have indeed the consilium of the king, the menmbers of which were
recdrd of only one case of provocatio inder the all appointed by him (Liv. i. 83; Dionys. ii. 12;
kings, -namely, when the surviving Horatius, who Festus, p. 246,. ed. Mtilleri; Cic. de Reep. ii. 8),
inurdered his sister, appealed from the duumviri to and which only offered their advice to him, whicli
tile people; and in this case it must be borne in he could follow or reject accordilng to his pleasure.
_imind that the appeal was not from the se!ntence of The comitian of the curiae seem to have been
the king, but from the sentence of the dunumviri. rarely assembled, aind then probably more to hear
It appears, even from the narrative of Livy, that the decisions of the king than to ratify his acts;
the king voluntarily surrendered his right of trying and it is certain that they had no power of disthe criminlal and passing sentence upon. him, in cussing any matter that was brought before them.
order to avoid the odium of putting toi death the The only public matter in which the king could
hero who had rendered such signal services to the not dispense with the co-operation of the senate
state, and that he appointed duumviri, from whose and the curiae was in declarations of war against
decision: an appeal lay to the people, in order that foreign nations,, as appears clearly from the declathe people might have the responsibility of pro- ration of war against the Latins in the time of
nouncing his acquittal or condemnation. (Liv. i. Ancus Marcius, as related, by Livy (i. 32), who
26; comp. Dionys. iii. 22.) In addition to which preserves the ancient formula. There is no trace
it is expressly stated that the dictatorship was a of the people having had anything to do with the
restoration of the kingly power (Zonar. vii. 1 3; conclusion of treaties of peace; and Dionysius in
comp. Cic. de Rep. ii. 32); and it is certain that this case as in many others has evidently transthe: great distinction between the power of the ferred a later custom to; the earlier times. T'he
dictator and that of the coinsuls consisted in there relation in which the senate and the curiae stood
being no provocatio from the decisions of the former, to the kings is spokan of more at length under
as there was from the decisions of the latter. Our COM1TIA, p. 331, andi SENATUG.
limits do not allow us to enter further into an The insignia of the king were the fasces with
examination of this questiont; but the reader will the axes (secures), i hich twelve lictors carried
find the arguments against Niebuhr's views stated before him as often as he appeared in public, the
at great length in Rubino. (Ibid. p. 430, &c.) trclbea, the sella curZlis, and the toga priletettao and
Again, all the magistrates in the kingly period picta. The trabea appears to have been the most
appear to have been appointed by the king and ancient official dress, and is assigned especially to
not elected by the curiae. This is expressly stated Romulus: it was of Latin origin, and is therefore
of the two most important, the Tribzlnus Celerumz, represented by the antiquarian Virgil as worn
who occupied the second place in the state, and by the Latin kings. (Plin. II. N. viii. 48, ix.
who stood in the same relation to the king as the 39; Ov. FEst. ii. 501; Virg. Aen. vii. 187, xi.
magister equitum did in later times to the dic- 334.) The. togy praeteota anld picta were bortator (Lydus, de l/afag. i. 14), and the Custos or rowed, together with the sella rczlis, from the
]'saejctus urbi, who was nominated by the king Etruscans, and their introduction is variously
to supply his place when he was absent from the ascribed to Tullus Hostilius or Tarquinius Priscus,
city (Tac. Anne. vi. 11). We may consequently infer (Cic. de Rep. ii. 17; Macrob. Sat. i. 6,; Piiu. HIA.
that the Quaestor'es were in like manner nominated ix. 39 Dionys. iii. 62.) Dionysius (1 c.) also
by the king, although the ancient authorities difibr mentions a diadem and a sceptre as insignia of the
or the point1 Tacituls ascribicng their appointment kilngs.,
S.