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There are, indeed, traditions of isolated units still smaller than the pagus. The clan is sometimes pictured as wandering alone with its crowd of dependants.[4] But migration itself would have tended to destroy the self-existence of the family; the horde is wider than the clan, and the germ of the later civitas must have appeared first, perhaps, in the pagus, later in the populus which united many pagi. The union may have been slight at first, and may often have been based merely on the possession of some common shrine. Much of the civil and criminal law was administered within the family in the form of a domestic jurisdiction which survived in historical Rome; but a common market would involve disputes, and these would have to be settled by an appeal to an arbitrator (arbiter) even before the idea of a magistracy was evolved. Lastly come military necessities whether of defence or aggression. It is these that create a power which more than any other makes the state. The mild kingship of the high-priest of the common cult gives way to the organised rule of an imperium, and the king, praetor or dictator, is the result, the coherence of infant organisation being dependent on the strength of the executive power.

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