Page:Roman Constitutional History, 753-44 B.C..djvu/31

Rh Judicial Affairs. — As judge, the king decided at will concerning the life and death, as well as the freedom, of the citizens. But he was in duty bound to give an accused person an opportunity to defend himself; and before pronouncing a sentence, he was under obligation to hear the advice of competent men. He decided a case in person, or he determined simply whether there was just cause for action, that is, found a true bill, as a grand jury does nowadays; then he appointed and instructed a judge (judex) to conduct the trial and give the decision. Perhaps the latter method was the common one in civil cases, which during the royal period covered a much larger field than the criminal cases. It was employed also when the king wished to allow an appeal in certain cases to the assembly of curies. He did not have the sovereign power to pardon.

Power of Appointment. — The king possessed all the official authority in the state, and could freely authorize others to act on his behalf. He appointed the city prefect, the commanders of the cavalry and infantry, and financial and judicial deputies, all of whom held office during his pleasure; also various clerical deputies.

Civil and Military Deputies. — When the king was absent from Rome, he was represented by the city prefect (praefectus urbi or urbis), who was the guardian of the city (custos urbis). The powers of this official depended on the orders of the king and on circumstances. Probably he had the authority to call the people to arms, to consult the senate, and to exercise a certain jurisdiction.

The commanders of the cavalry (tribuni celerum) and of the infantry (tribuni militum) were military officers without any political functions or importance.

One or two police officers (quaestores parricidii) were permanent assistants of the king. They did not decide