Lex curiata de imperio
The Lex curiata de imperio ( pl. Leges curiatae ) was the law in the constitution of ancient Rome that confirmed the rights of the already elected magistrates to power or empire . The people's assembly responsible for legislative procedures, the Comitia curiata , then gave the chief magistrates final confirmation of their competence at the Comitium .
The source of the formal act was already lost in antiquity, which is why its meaning was early in the dark and is still today. Modern research assumes that it was an archaic act from the royal times for the inauguration of the rex , which as an act was subject to change, but retained the ritual core during the times of the republic . Cicero refers to Numa Pompilius , the second Roman king, as the author of a law lex curiata , which he may have only claimed because even during the late republic there was no longer any clarity about it and numerous state cult practices were ascribed to Numa .
Theodor Mommsen later interpreted the lex curiata de imperio as an instrument of transmission of general official authority, whereas the current view is that the core motive was solely military concerns, more specifically even that it was an oath of allegiance by the assembled army for upcoming royal campaigns. In the area of the ancient history of religion and ideas , the Dutch ancient historian Hendrik Simon Versnel also made a name for himself , who emphasized the lex curiata de imperio as a prerequisite for a commander for a triumph , because in his opinion empire did not manifest itself within a political framework, but only as an authoritarian quality in the man, which would then be recognized during the ceremony.
In the late Republic, a magistrate could simply forego ratification by claiming its empire, or a legislature could include a provision in a bill that made a curatorial law superfluous.
Individual evidence
- ↑ a b Bernhard Linke : From the relationship to the state. The emergence of forms of political organization in early Roman history. Steiner, Stuttgart 1995, ISBN 3-515-06497-4 , p. 62 f.
- ↑ Modern attempted explanations, for example, in JJ Nicholls: The Content of the Lex Curiata , AJPH 88 1967, 257-278.
- ^ Arnaldo Momigliano in The Journal of Roman Studies. An Interim Report on the Origins of Rome , pp. 95-121 (111); Ernst Meyer : Roman State and State Thought. , Artemis, Zurich 1948, 5th edition 1990 ( Erasmus library , later in Die Altertumswwissenschaft ), p. 474.
- ↑ Cicero , De lege agraria oratio secunda 2, 10, 26 and 2, 11, 26.
- ^ Theodor Mommsen : Römisches Staatsrecht , 3 parts, (Leipzig 1887–1888), WBG 2017, ISBN 978-3-534-26913-6 , Volume I, p. 609.
- ↑ Representative: Jochen Bleicken : On the concept of Roman official power: auspicium - potestas - imperium , reprint of the Academy of Sciences , Göttingen 9 1981, pp. 257-300 and 269-275, next to: Alfred Heuss : On the development of the empire of Roman senior officials , ZSS 64, 1944, pp. 57-133 (70-77).
- ^ Kurt Latte : Lex curiata and coniuratio , in Kleine Schriften , Munich 1968, pp. 341–355.
- ↑ Hendrik Simon Versnel : Triumphus. An Inquiry into the Origin, Development and Meaning of the Roman Triumph. Dissertation, Leiden 1970, p. 168, margin note 2, referring to: Cicero, Epistulae ad Atticum 4.16.12 and pp. 319-349, 356 ( online ).