The Senate
During the Republic the senate {senatus), the great council of the state, played a pivotal role in Roman political life. Although it had no legislative functions, operating mainly as an advisory body to the highest magistrates of the state, it was the most important stabilising factor of the republican system of government.
This was largely due to its prestige and influence in society, the stability of its constitution and the experience of its members in the conduct of public affairs. Its resolutions, referred to as senatus consulta, although not legally binding, were usually treated with great respect and carried special weight in the eyes of the magistrates and other state organs. These resolutions were regarded as reflecting the accumulated experience and wisdom of the ruling aristocracy out of whose ranks the political, religious and military officers of the state were drawn. Moreover, since the consuls' term in office was limited to one year, the senate, as a permanent body, exercised much more influence on them than it had exercised on the kings and, despite its internal conflicts, was capable of pursuing long-term policies with continuity and consistency.At the beginning of the republican period the senate was composed of three hundred members, chosen exclusively from the patrician class. Leading plebeians began to be admitted to the senate after the passing of the leges Liciniae Sextiae in 367 BC. From that time the senators were drawn from among those who had occupied the highest offices of the state.[200] [201] Senators representing plebeian families were referred to as
The Constitution of the Roman Republic 71 conscripti (enrolled), whilst patrician senators were called patres.b The senators were selected first by the consuls and, from 443 BC, by the censors {censor es).
The latter were entrusted with the task of drawing up the senators' list {album senatorium), filling up vacancies caused by death or the removal from the senate of persons who, because of some misconduct, were deemed unworthy of holding the position of senator {nota censoria). Initially the criteria that applied in the selection of senators were not specified by legislation but rested largely on custom. But the discretionary power of the censors in preparing the senators' list was limited after the passing of a plebiscitum, the lex Ovinia de senatus lectione, in the late fourth century BC. Under this statute, which probably simply confirmed existing practice, the censors were required to choose new senators from among the most prominent citizens.[202] This in practice meant that the senators had to be selected from among those who had occupied the highest offices of the state, such as the consulship, the praetorship and the censorship.[203] To these were added, in the later Republic, those who had held the positions of tribune, aedile and quaestor.[204] The procedure through which senators were selected was termed lectio senatus. The person whose name was placed at the top of the list of senators was called princeps senatus and, although he enjoyed no special privileges, his position carried special prestige.[205]As was mentioned above, when revising the list of senators the censors had the right to omit the names of senators found guilty of conduct entailing personal disgrace {infamia') and could deny admission to candidates whom they considered unworthy of the position of senator.[206] As
membership in the senate was regarded as a position of honour (dignitas), certain occupations, such as that of gladiator or actor, precluded admission to the senate.
Emancipated slaves (libertini) and their immediate descendants were also excluded by custom. Moreover, senators were not allowed to engage in any commercial activities, other than the selling of the produce of their estates.[207] As the holding of public office was the principal condition for admission to the senate, persons who did not belong to the nobility but who, because of their exceptional ability and political influence, had been elected magistrates could be appointed senators. These 'outsiders' (novi homines), although not always welcome by the traditional senatorial aristocracy, were usually very wealthy and shared the same conservative attitudes with their senior colleagues in the senate. Although there is no evidence that during the Republic admission to the senate depended upon the possession of certain amount of property,[208] [209] there is no doubt that the senatorial class (ordo senatorius) as a whole represented the wealthiest element of society.Although the senate did not function as a legislative body, resolutions passed by the assemblies of the people could not acquire the full force of laws without their subsequent ratification by the senate (patrum auctoritas). The lex Publilia Philonis of 339 BC provided that the approval of the senate had to be given in advance (i.e. before a proposal was put to the vote of the people). 4 Furthermore, under the lex Maenia (early third century BC) candidates for the highest offices of the state had to be approved by the senate before they were formally elected by the assembly. Although, as a result of these enactments, the granting of the senate's approval came in most cases to be regarded as a mere formality, the senate continued to exercise a strong influence on legislation for neither the magistrates nor the assemblies could easily disregard its opinion when discharging their functions.
The senate had, moreover, complete control over foreign policy.
It received envoys of other states, conducted negotiations with foreign powers, appointed ambassadors (legati) out of its own ranks, concluded treaties and alliances and intervened in disputes between cities in alliance with Rome. With the senate appears to have rested the ultimate responsibility of declaring war and concluding peace, although in principle this power belonged to the people. Proposals on such matters were submitted to the assembly on the senate's initiative and any attempt to bypass the senate amounted to a violation of an important constitutional principle. In times of war, the senate supervised the conduct of military operations and ensured that the army received the necessary supplies of provisions. After a victory, it organised thanksgiving ceremonies (supplicationes} and triumphs (triumphi, ovationes} and made arrangements regarding the administration of conquered territories. During the later Republic the senate was responsible for the government of the Roman provinces overseas. It named the various Roman provinces and designated their boundaries, appointed their governors (proconsules, propraetores} and fixed the number of troops that were to be placed under their command. It also received delegations from the provinces and dealt with their requests and protestations.[210]Within the senate's province fell also various duties relating to the administration of public finances, such as the fixing of the budget assigned to each magistrate, the management of public lands (ager publicus} and the imposition of special taxation (tributum} to cover the expenses of war. Moreover, with the assistance of the pontiffs and other priestly colleges, the senate exercised general supervision over the religious affairs of the state and dealt with matters relating to public morals. Thus it fell upon the senate to ensure that acts of state organs were carried out in accordance with the prescribed religious forms and to take measures against foreign cults regarded as threatening the established religious and moral order.[211] In times of crisis the senate could declare a state of emergency, passing a special resolution (senatus sonsultum ultimum) by virtue of which the consuls were authorised to apply any extraordinary measures deemed necessary to avert the danger.[212] [213] The principle that the salvation of the state outweighed any law justified the extension of the consuls' powers (imperium) and the temporary suspension of certain constitutional norms, such as that relating to the right of citizens to appeal to the assembly against capital sentences (iusprovocationis).™
Only the highest magistrates of the state (magistratus maiores, magistratus cum imperio) had the right to convoke and preside over the senate (ius agendi cum senatu) and to submit proposals to it (vocare or cogere senatum).
These included the consuls, the praetors, the dictator and the tribunes of the plebeians.[214] Before the commencement of the proceedings, the presiding magistrate saw that the auspices were taken and sacrifices offered, as custom required.[215] Then the magistrate proceeded to the presentation of the proposal or issue requiring discussion (relatio), always beginning with some reference of religious significance.[216] He then sought the opinion of the senate (consulere senatuni), by inviting each member individually (nominatim) to express his views (sententiam rogare).[217] If the proposal consisted of more than one part the magistrate could, at the senators' request, divide it into clauses and then seek the opinion of the house on each clause separately. After all the speeches had been delivered and all views had been heard the presiding magistrate put the matter to the vote.[218] [219] [220] The senate's decision was expressed in the form of a resolution referred to as senatus consultum or senatus decretum™ The resolutions of the senate were, however, subject to tribunician veto (intercessid). Besides the tribunes, any magistrate equal or superior in rank to the magistrate on whose initiative a proposal had been submitted to the senate could prevent the relevant senatorial resolution from being validated (intercessio collegae)}5 Senatus consulta approved by the majority of the senators but rendered ineffective by tribunician veto had no legal force and were regarded as mere expressions of the senate's views.[221] [222] [223] To a tribunician veto the senate could respond by calling upon the consuls to intervene and try to persuade the tribunes to withdraw their veto (agere cum tribums}. In extreme cases the consuls could seek the senate's advice on whether stronger action needed to be taken, such as putting the matter to the vote of the people, or even dealing with it themselves after having been invested with extraordinary powers.
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