The Senate

In contrast with the people's assemblies, during the early years of the Principate the power of the senate appears to have increased. Its members retained all their privileges, and political power was, in theory at least, shared between it and the emperor.

All the powers and titles of the emperor were formally bestowed upon him by vote of the senate and, before the establishment of the consilium principis, the senate acted as the emperor's advisory body. In reality, however, the senate had lost much of its earlier authority, for its members were now chosen by the emperor himself who also controlled its legislative functions through the exercise of his veto (intercessio). Augustus reduced the number of senators from nine hundred to six hundred by expelling those persons whom he regarded as unworthy of holding the position of senator; at the same time he appointed a number of new members from among his closest friends and supporters.^{^[844]} The right of emperors to revise the composition of the senate (lectio senates), admitting new members and excluding those whom they deemed undesirable, was connected with their censoria potestas and their role as upholders of the laws and morals of the community (cura legum et morum).^{^[845]} Moreover, the emperor could admit new members into the senate indirectly, by conferring the title of ex-magistrates on persons who had not in the past held a magistracy or who had served as magistrates of a rank lower than that which was conferred upon them (adlectio). In the course of the first and second centuries AD the composition of the senate underwent a considerable change as more and more Roman citizens from the provinces were admitted to it, whilst the number of senators belonging to Roman and Italian families continued to decline.^{^[846]}[847]

The emperor, by virtue of his position as princeps senates, could summon the senate at any time (ius agendi cum senate) and, even when not presiding, put before it proposals for deliberation. As was noted before, the election of magistrates was arranged between the emperor and the senate, while the comitia were simply called upon to confirm the list of candidates put before them - a list which they could neither reject nor modify.

Although the senate assumed the legislative functions of the assemblies and, in the course of time, its resolutions (senates consulta) came to be

The Principate 253 regarded as having the force of laws,⁴² the legislative activity of the senate was largely under the control of the emperor. In the first century AD the procedure leading to the enactment of a senatus consultum was initiated by the emperor himself, or a magistrate acting in his name, through a speech containing the emperor's legislative proposal (pratio principis in senatu). From the second century AD the emperor's proposals were approved by the senate as a matter of course and, in most cases, without discussion.^{^[848]} In addition to its legislative functions, the senate had jurisdiction over criminal cases involving offences of a political nature, such as offences committed by senators, state officials and provincial magistrates. Moreover, questions of foreign policy, such as the declaration of war or the conclusion of peace, although usually decided by the emperor in his capacity as supreme military commander, were occasionally assigned to the senate.^{^[849]} Finally, during this period the senate continued to administer the public treasury (peranum), to govern the senatorial provinces through proconsuls and to carry out, with the help of members of the priestly colleges, certain functions of a religious character.^{^[850]}

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

The Senate

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