Page:A history and description of Roman political institutions (IA historyanddescri00abbo).pdf/28

16 except that matters affecting primarily the gentes, and a declaration of war, must be referred to the people. The adjudication of all civil and criminal cases was naturally within the scope of his power. It is quite possible that in civil cases, in some instances, the king may have adopted the practice, which the praetor uniformly observed under the republic, of conducting the case in its preliminary states (in iure), and then of referring it to a iudex for sttlement. Probably criminal cases involving the question of life and death could, with the consent of the king, be appealed to the people for trial.

18. Assistants and Insignia of the King. In the absence of the king from the city, the duties of the office were performed by a substitute, called the praefectus urbi. The other political officials of the regal commonwealth were quaestores parricidii, or detective officers, the duumviri perduellionis, who assisted the king in cases of treason, and the tribunus celerum, who commanded the cavalry. These officials were all chosen by the king, and the power which they exercised was delegated to them by him. In time of war the king wore the trabea, a purple cloak, in time of peace a purple toga. His seat on formal occasions was the solium. He was attended by twelve lictors.

19. The Senate. In organizing the primitive Roman senate a representative was chosen from each clan. As the number of clans in the community increased, the number of members in the senate increased correspondingly, until three hundred was fixed as a maximum. This number, on which the various traditions agree, gives a representation of one hundred for each tribus and ten for each one of the curiae. The choice of senators was made by the king, but in accordance with principles handed down by tradition. The title patres may be a mere term of