| Summary: | ABSTRACT Supporting the contention that th. e State appeared in the political thought of the later Middle Ages, The Idea of the Populus in Later Medieval Roman Law sets out to define this entity as found in the civilian sources. In their transformation of the feudal kingdom into the early-modern State, legists looked back to the ancient Roman polity, across, as it were, to the medieval Ecclesia, and forward, frequently foreshadowing the precepts of later political theorists. Vvi.a t was envisaged, mainly on the basis of Roman law and the development of this law, was a national, political and juristic organization. It was also a secular and natural association, having been brought into being by men for the achievement of law and the common earthly good. However, though liberal implications were inherent in the pronouncement that men founded their own societas humana legists neatly countered them. Once asso ciated the people became the People, that is, a single, corporate entity, something above its parts, indivisible and immortal. A fictitious person, althougha real legal person, bearer itself of rights and duties, particularly public, the populus had to be represented. The prince was the animate sovereiGn, his main function being the promulgation of public law. Necessarily independent of both empire and Church, and superior to all internal forces, the prince could be said to give law as he pleased. But though this was so, a despot was not portrayed. The representative of the body politic bore a public office; and by this officium he was restrained. The medieval commentators on Roman law insisted that should the prince not accord with the end, the will, of the populus, should he continually neglect the public welfare, law and iustitia B , then he was in danger of losing his position. y due legal process the prince could be deposed
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