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The leges regiae ("royal laws") were early Roman laws, which classical historians, such as Plutarch, mentioned had been introduced by the Kings of Rome.〔Alan Watson Chp 8 ''Legal origins and legal change'', Continuum International Publishing Group, 1991, ISBN 1-85285-048-5.〕 Though sometimes questioned,〔In the 19th century, some historians doubted the authenticity of the ''leges regiae'' story.〕〔Position still held, e.g., by Riccardo Orestano ''I fatti di normazione nell'esperienza romana arcaica'' Torino, 1967.〕 scholars generally accept that the laws (or their ultimate sources) originated very early in Roman history, even as early as the period of the Roman Kingdom. For example, recent research has discovered previously unknown fragments quoted by ancient writers and some changes have been made about attribution to the various kings.〔''Isituzioni di diritto romano'' p. 30〕〔A complete collection and attribution of the ''leges'' is to be found in Allen Chester Johnson et alii ''Ancient Roman Statutes'' University of Texas Press 1961 p. 1 ff.〕 The position of the king during the entire Regal period was that of a political, military, religious, and judiciary chief of the community, even if the actual duties were delegated and entrusted to his many auxiliaries. ==Historical overview== According to Sextus Pomponius, Romulus organized the tribes of Rome into thirty units called "Curiae", and he then administered the affairs of the state on the basis of the opinion the Curiate Assembly.〔Sextus Pomponius ap. Justinian's Digesta 1,2,2,2 records: ''It is said that later, the number of citizen having increased significantly, Romulus himself divided the people into thirty parts, which he named ''curiae'', and he then administered the affairs of the state on the basis of the opinion of those parts. Thus he proposed to the people some curial laws: other were proposed by the following kings.'' ("Postea aucta ad aliquem modum civitate ipsum Romulum traditur populum in triginta partes divisisse, quas partes curias appellavit, propterea quod tunc rei publicae curam per sententias partium earum expediebat. Et ita leges quasdam et ipse curiatas ad populum tulit: tulerunt et sequentes reges").〕 This event is at the origin of lex regia.〔fragment sources in Gennaro Franciosi ed. ''Leges regiae'' Turin, 2003〕〔Allen Chester Johnson et alii ''Ancient Roman Statutes'' University of Texas Press 1961.〕 Romulus is also credited with creating another institution involved in the emanation of ''leges regiae'' - the council of the elders or Senate of the Roman Kingdom. After an interregnum Numa Pompilius succeeded to Romulus: as it will happen for each of his successors an interrex held the government til the election of the new king. Numa emanated a number of important ''leges regiae''. To him was attributed the compilation of the book Commentari regi. A great innovation of his concerned criminal law on voluntary and non voluntary crimes. Some scholars argue on lexical grounds that in this period some ''leges regiae'' showed a Sabine influence. Successor Tullus Hostilius is traditionally called the ''warrior king''. He celebrated the solemn sacrifices using the work by Numa Commentari Numae.〔Livy 1, 38, 8; L. Piso ap. Plin. 28, 4,14〕 He created the officials named Fetiales who were a sacerdotal ''collegium''.〔Gennaro Franciosi ed. ''Leges regiae'' preface p. XVIII.〕 After him Ancus Marcius had sacral norms from Numa's work transcribed and made public.〔Livy 1, 32, 2〕 He established the jus fetiale and imprisonment.〔Gennar Franciosi ed. ''Leges regiae'' preface p. XVII-XVIII.〕〔Pierangelo Catalano ''Linee del sistema sovrannazionale romano'' Giappichelli, Turin, 1965.〕 The last three kings were Etruscans according to tradition. Their cultural heritage influenced the leges regiae of this period.〔Gennaro Franciosi ed. ''Leges regiae'' preface p. XIX and XX.〕 Tarquinius Priscus emanated many laws that covered different areas: he doubled the number of the senators and of the Vestals.〔Gennaro Franciosi ed. ''Leges regiae'' preface p. XVIII.〕 Servius Tullius then used Numa's work for the election of the consuls.〔Livy 1, 60, 4.〕 Moreover he established the census and the timocratic constitution that will be the basis for the future development of the republican institutions. During the reign of Tarquinius Superbus there are to be mentioned repressive laws, international treaties and the adoption of the Libri Sibyllini. The end of the kingdom is seen by some scholars as a slow, gradual process, while traditionally it was the abrupt expulsion of the king. This event brought about the abrogation of the ''leges regiae''. However certainly not of all of them as e.g. the auspicium〔''Classi e conflitti di classe nella Roma repubblicana'' p.72.〕 and Servius Tullius's reform of the eighteen ''equites'' survived.〔''Crisi della repubblica in Roma'' p. 18.〕 With the advent of the Roman Republic the need was felt for an official figure who could perform the sacred rites or make decisions through auspicium, an institution governed by the ''lex regia''. In short a figure who could took over the functions previously discharged by the ''rex''. Thus the office of rex sacrorum was created. It will last til 390 AD when emperor Theodosius I abolished it. His power was strictly limited to the sphere of the ''sacrum''. Scholars point out that when Pomponius in his Enchiridion states that the emanation of laws by the king took place on the deliberation of the ''curiae'' he refers to this period, i.e. a time when the power of the king was lessened. The fire caused by the Gauls of king Brennus brought about the loss of the written records of ''leges regiae''. The work of rewriting carried out by the ''sacerdotes'' was essential. Besides it is believed that Sextus Papirius's collection had survived, and was available for consultation at the times of Pomponius. Pomponius maintaines that all the ''leges regiae'' were abolished and they indeed disappeared in the following times. Nonetheless scholars's research proves that some laws were still in use, e.g. Servius Tullius's norm of the eighteen ''equites''. Livy himself writes that after the fire not only were the laws of the XII Tables collected by the ''sacerdotes'' and the senate but also laws of the kings, some of which were made public while some other were kept secret by the ''sacerdotes''. Finally Justinian's compilation mentions the ''leges regiae''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「leges regiae」の詳細全文を読む スポンサード リンク
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