Imperium

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In Roman Law Caesar's rights to authority or dominion over a subject citizenry as emperor stemmed from his position as the "vicarious pater" or substitute father(see also patres consritpi, the conscripted fathers). The Emperor as father of the country was one of the few men who was sui juris as that system devolved into its centralized imperial position.

The authority of the imperium of Rome was at least twofold. Originally it (merum) was only outside the wall or jurisdiction and conferred by a lex curiata and came from the power of the sword to turn the life of wicked men outside the walls.[1]

This is the military or police power of each man. Imperium within the walls (mixtum) was incident to jurisdiction (jurisdictio) established by application, contract and nexus. In time they both merged.

The office of imperium was vested by the people in the Imperator, which means commander in chief. As this office expanded during civil conflicts and fear, it merged with the office of Apotheos, which was literally the appointor of gods. These gods were simply the magistratus or judex imperium. They were court judges and those administering the courts throughout the ordered world of the Pax Romana. The same is true of government today.

Absolute power grows

This power grew and became an "absolute power" as the people looked to the power of that office to provide daily bread. For thousands of years it has been well known that dainties[2] of the rulers who grant benefits[3]It is a maxim of law that, "He who receives the benefit should also bear the disadvantage."[4] David and Paul warn us of eating at these civil tables.[5] Jesus appointed a church to "feed" His sheep,[6] providing a daily bread from house to house through charity. Jesus even forbids his followers to be like the benefactors who exercise authority one over the other. They have their tables which force the sacrifices of the people and Christ has his table which depends on fervent charity.[7]

Taking the benefits of the world subjects the people of the world[8] to its rulers so that the people have not only been a snare but become merchandise and consenting to such systems runs toward death.[9]

Emancipation

In that world at the time of the Roman Empire there was a dual system of citizenship [see Citizen vs. Citizen]. Many men sought and seek emancipation from the rule of the imperium but were and are thwarted by a failure to understand the universal authority of the "vicarious pater". The modern civil powers are no different. In Roman and American history the family decayed and with it a dissipation of freedom.

The lawful effect of emancipation was to make the emancipated person become sui juris. Within God’s construction of the family, Husband and Wife were one and they held the imperium. This right and responsibility was too sacred to be manumitted with casual abandonment. A legal process was devised involving a patron or civil patronus, a nation’s Father. Cain, Nimrod, and Caesar wished to be free of God’s family plan or control it for themselves.

"The patria potestas could not be dissolved immediately by manumissio (manumission), because the patria potestas must be viewed as an imperium, and not as a right of property like the power of a master over his slave.”[10]

Confirmation of this manumission required a patron and was clothed in a form of a mancipatio (the release of the child) by pledging the son or daughter in three separate events. An analogous relation was formed between the patron and potentially freed individual, creating a nexus.

Rome was heavily populated with domestic servants and slaves. The imperium of Rome began granting greater and greater protections, privilege and gratuities. This act of manumission established the relation called patronus. This Patronus created a relation between manumissor and slave, which was also comparable to father and son. The patron of these manumissions of both sons and slaves was consolidated in the new world order of Rome.


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Footnotes

  1. IMPE′RIUM. (Gaius, IV.103), when making a division of judicia into those Quae Legitimo jure consistunt, and those Quae Imperio continentur, observes that the latter are so called because they continue in force during the Imperium of him who has granted them. "gladii potestatem ad anim advertendum in facinorosos homines men," Ulpian, în D, 2, 1, 3; Gaius definește imperium merum ca fiind. William Smith, D.C.L., LL.D.: A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875. Imperium
  2. Proverbs 23:"When thou sittest to eat with a ruler, consider diligently what [is] before thee:... Be not desirous of his dainties: for they [are] deceitful meat.
  3. “The real destroyers of the liberties of the people is he who spreads among them bounties, donations, and benefits.” Plutarch
  4. Cujus est commodum ejus debet esse incommodum.
  5. Psalms 69:22 Let their table become a snare before them: and [that which should have been] for [their] welfare, [let it become] a trap.
    Romans 11:9 And David saith, Let their table be made a snare, and a trap, and a stumblingblock, and a recompence unto them:
  6. Luke 22:30 That ye may eat and drink at my table in my kingdom, and sit on thrones judging the twelve tribes of Israel.
  7. 1 Corinthians 10:18 Behold Israel after the flesh: are not they which eat of the sacrifices partakers of the altar? 19 What say I then? that the idol is any thing, or that which is offered in sacrifice to idols is any thing? 21 Ye cannot drink the cup of the Lord, and the cup of devils: ye cannot be partakers of the Lord’s table, and of the table of devils.
  8. John 17:14 I have given them thy word; and the world hath hated them, because they are not of the world, even as I am not of the world.
  9. Proverbs 1:16 For their feet run to evil, and make haste to shed blood.
  10. Unterholzner, Zeitschrift, vol. ii p. 139; Von den formen der Manumissio per Vindictam und der Emancipatio.