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Fowler, W. Warde, 1847-1921

"Social life at Rome in the Age of Cicero"

He looked upon the right of the magistrate to
"observe the heaven" as a part of an excellent constitution,[537]
and could not forgive Caesar for refusing in 59 B.C. to have his
legislation paralysed by the fanatical declarations of his colleague
that he was going to "look for lightning." He firmly believed in
the value of the _ius divinum_ of the State. In his treatise on the
constitution (_de Legibus_) he devotes a whole book to this religious
side of constitutional law, and gives a sketch of it in quasi-legal
language from which it appears that he entirely accepted the duty of
the State to keep the citizen in right relation to the gods, on whose
good-will his welfare depended. He seems never to have noticed that the
State was neglecting this duty, and that, as we saw just now, temples
and cults were falling into decay, strange forms of religion pressing
in. Such things did not interest him; in public life the State
religion was to him a piece of the constitution, to be maintained
where it was clearly essential; in his own study it was a matter of
philosophical discussion.


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