Page:Roman Constitutional History, 753-44 B.C..djvu/28

14 Romans. It invested the senators with some of the royal dignity and temporarily with royal prerogatives.

Power of Ratification. — The senate had the power (patrum auctoritas) to ratify or reject the election of a king, the declaration of war, and the laws passed by the assembly. In other words, it had an absolute veto. It was bound to guard the existing constitution, the organic institutions, and the religious and political obligations of the state.

Council of State. — It was natural for the king to consult beforehand a body possessing such powers, and in the earliest times the senate became an advisory board, a royal council (concilium regium). Accordingly the king was bound by custom, though not by statute law, to ask its advice, for example, respecting the imposition of taxes, the construction of public works, and the disposition of conquered territory. But he was not obliged to follow its recommendations.

The importance of the senate was further increased by the fact that the deputies of the king (pp. 17-18) were senators.

IV. The King and his Deputies.

Election of a King. — The king was the third, and practically the most important, organ of the state.

When the throne had become vacant, an interrex nominated a citizen who was of age, and sound in body and mind, for king, the assembly of curies regularly elected him, and the senate ratified the election. He was then declared king by the interrex. He took the auspices to see whether he was acceptable to the gods. If so, he entered on his office. Lastly, he asked the assembly of curies to confer on him the supreme authority (imperium).

Royal Insignia and Attendants. — The king wore a purple mantle in war and a purple toga in peace. He sat on a