Page:Roman Constitutional History, 753-44 B.C..djvu/26

12 number of witnesses, and also great privileges in the selection of heirs and the disposal of his property. This form of testament early disappeared, however, and the assembly practically lost the important right of sanction.

Appeals. — In a case of high treason (perduellio) or a similar crime, the assembly had the power to pardon or condemn the defendant, if with the permission of the king he appealed from the sentence of a special judge (one of the duoviri perduellionis). Only the citizens proper, or patricians, were allowed to appeal.

Declaration of War. — The assembly possessed the right to coöperate with the king and senate in declaring war against a people that had concluded a treaty or alliance with Rome. All other peoples were in theory enemies, and the king might attack them at discretion.

Legal and Constitutional Changes. — The assembly had the power to ratify every change or amendment of the existing laws or constitution, and even every dispensation from the law in a particular instance. Yet this seemingly comprehensive power was in practice not so very important, since legislation covered but a limited field as compared with administration. Taxation, for example, and the appropriation of public funds belonged regularly to the administrative sphere.

III. The Senate.

Origin and Membership of the Senate. — The second organ of the sovereign power was the senate.

Perhaps in prehistoric times an elder had charge of each clan, and the elders of all the clans constituting the Roman people formed the council or senate (patres, senatus). Such an origin would at any rate help to explain the powers and influence of the Roman senate.