10

MANNER OF HOLDING AND CONSULTING THE SENATE.

who were PATRES, and who were CONSCRIPTI, Liv. ii. 1. but afterwards, "those who were senators, and who had a right to deliver their opinion in the senate." (QUI SENATORES, QUIBUSQUE IN SENATU SENTENTIAM DICERE LICERET, UT ADESSENT; and sometimes, UT ADESSENT FREQUENTES, AD VIII. CAL. DECEMBR. &c. Cic. et Liv. passim.)

No decree of the senate could be made unless there was a quorum, (nisi senatorum numerus legitimus adesset.) What that was is uncertain. Before the times of Sulla, it seems to have been 100, Liv. xxxix. 18. Under Augustus it was 400, which, however, that Emperor altered, Dio. liv. 35. lv. 3. If any one wanted to hinder a decree from being passed, and suspected there was not a quorum, he said to the magistrate presiding, NUMERA SENATUM, Count the senate, Cic. Ep. Fam. viii. 11. Festus in NUMERA.

Augustus enacted, that an ordinary meeting of the senate should not be held oftener than twice a month, on the Kalends and Ides ; and in the months of September and October, that only a certain number chosen by lot should attend, Suet. Aug. 35. This regulation was made under pretext of easing the senators, but in reality with a view to diminish their authority, by giving them less frequent opportunities of exercising it. Augustus chose a council for himself every six months, (consilia semestria sortiri,) to consider beforehand what things should be laid before a full house, (ad frequentem senatum,) Ibid.

The senate met always of course on the first of January, for the inauguration of the new consuls, who entered into their office on that day, and then usually there was a crowded house.

He who had the fasces presided, and consulted the fathers, first, about what pertained to religion (de rebus divinis), about sacrificing to the gods, expiating prodigies, celebrating games, inspecting the books of the Sibyls, &c. Liv. viii. 8.; next about human affairs, namely, the raising of armies, the management of wars, the provinces, &c. The consuls were then said to consult the senate about the republic in general, (de republica indefinitè,) and not about particular things, (de rebus singulis finitè, Aul. Gell. xiv. 7.) The same was the case in dangerous junctures, when the senate was consulted about the safety of the republic, (de summa republica, v. tota,) Cic. passim.

The month of February was commonly devoted to hear embassies and the demands of the provinces, Cic. ad Fratr. ii. 3. 12. ad Fam. i. 4. Ascon. in Verr. i. 35.

5. THE MANNER OF HOLDING AND CONSULTING THE SENATE.

THE magistrate, who was to hold the senate, offered a sacrifice, and took the auspices, before he entered the senate-house, Plin. Pan. 76. Gell. xiv. 7. If the auspices were not favourable, or not rightly taken, the business was deferred to another day, Cic. Epist. x. 12.

Augustus ordered that each senator, before he took his seat, should pay his devotions, with an offering of frankincense and wine, at the altar of that god in whose temple the senate were assembled, that thus they might discharge their duty the more religiously, Suet. Aug. 35.

ORDER IN DELIVERING OPINIONS.

SUBSELLIA.

11

When the consuls entered the senate-house, the senators commonly rose up to do them honour, Cic. Pis. 12.

The senate was consulted about every thing pertaining to the administration of the state, except the creation of magistrates, the passing of laws, and the determination of war and peace; all which properly belonged to the whole Roman people, Dionys. ii. 14.

The senate could not determine about the rights of Roman citizens without the order of the people, Liv. xxvi. 33.

When a full house was assembled, the magistrate presiding, whether consul or prætor, &c. laid the business before them in a set form: QUOD BONUM, Faustum, felix, FORTUNATUM SIT; REFERIMUS AD vos, PATRES CONSCRIPTI. Then the senators were asked their opinion in this form: DIC SP. POSTHUMI, QUID CENSES? Liv. i. 32. ix. 8. or QUID fieri placet? QUID TIBI Videtur?

In asking the opinions of the senators, the same order was not always observed; but usually the princeps senatûs was first desired to deliver his opinion, unless there were consuls elect, who were always asked first, Sall. Cat. 50. Cic. Phil. v. 13. Fam. viii. 4. ; and then the rest of the senators according to their dignity, Consulares+, Prætorii, Ediliti, Tribunitii, et Quæstorii, which is also thought to have been their order in sitting, Cic. Phil. 13.

The benches on which the senators sat (subsellia), Cic. Cat. i. 7. were probably of a long form, Cic. Fam. iii. 9. as that mentioned by Juvenal (longa cathedra), ix. 52. and distinct from one another, each fit to hold all the senators of a particular description; some of them shorter, as those of the tribunes, which seem to have held only a single person, Suet. Cl. 23. The consuls sat in the most distinguished place, on their curule chairs, Cic. Ibid. & Cat. iv. 1.

As the consuls elect were first asked their opinion, so the prætors, tribunes, &c. elect, seem to have had the same preference, before the rest of their order, Cic. ad Att. xii. 21. in Verr. v. 14. He who held the senate might ask first any one of the same order he thought proper, which he did from respect or friendship, Cic. post redit. in Senat. 7. Liv. v. 20. Gell. iv. 10. xiv. 7. Senators were sometimes asked their opinions by private persons; (multi rogabantur, atque idipsum consulibus invitis;) Cic. Fam. i. 2.

The consuls used to retain through the whole year the same order which they had observed in the beginning of their office, Suet. Jul. 21. But in later times, especially under the Emperors, they were asked in what order the magistrate who presided thought proper, Cic. Att. i. 13. Plin. Ep. ix. 13. When they were all asked their opinions, they were said perrogari, Liv. xxix. 18. Plin. Pan. 60. and the senate to be regularly consulted, or the affair to be deliberated about, (ordine consuli,) Liv. ii. 28. and 29. Augustus observed no certain

See under the head of Consuls, § 3.

+ The opinions of the Consular order (Consulares) had always great authority with the senate; for having passed through all the public offices, and being conversant in every branch of the administration, they were looked upon not only as men of great experience, but, generally, as more disinterested than the other members of the senate; having little or nothing farther to expect for themselves. — See Middleton's Cicero, i. p. 201.

12

VETO OF THE TRIBUNES.

SENATUS AUCTORITAS.

rule in asking the opinions of the senators, that thereby they might be rendered the more attentive, Suet. 35.

Nothing could be laid before the senate against the will of the con. suls, unless by the tribunes of the people, who might also give their negative (moram facere) against any decree, by the solemn word VETO; which was called interceding (intercedere). This might also be done by all who had an equal or greater authority than the magistrate presiding, Cic. Legg. iii. 3. Gell. xiv. 7. If any person interceded, the sentence of the senate was called SENATUS AUCTO. RITAS, their judgment or opinion, Liv. iv. 57. Cic. Fam. i. 2. viii. 8. and not senatus consultum or decretum, their command. So likewise it was named, if the senate was held at an improper time or place (alieno tempore aut loco); or if all the formalities (solemnia) were not observed, Dio. lv. 3.; in which case the matter was referred to the people, or was afterwards confirmed by a formal decree of the senate, Cic. Ep. Fam. x. 12. But when no mention is made of intercession or informality, Auctoritas senatûs is the same with Consultum, Cic. Legg. ii. 15. They are sometimes also joined; thus, Senatus consulti auctoritas, which was the usual inscription of the decrees of the senate, and marked with these initial letters, S. C. A. Cic.

The senators delivered their opinion (sententiam dicebant) standing: Whence one was said to be raised (excitari), when he was ordered to give his opinion, Liv. ix. 8. Cic. ad Attic. i. 13. But when they only assented to the opinion of another, (verbo assentiebantur,) they continued sitting, Cic. Fam. v. 2. Plin. Pan. 76. The principal senators might likewise give their opinion about any other thing, besides what was proposed, which they thought of advantage to the state, and require that the consul would lay it before the senate; which Tacitus calls, Egredi relationem. They were then said CENSERE referendum de aliqua re, Sall. Cat. 60. Plin. Ep. vi. 5. or Relationem postulare, Tacit. Ann. xiii. 49. For no private senator, not even the consul elect, was allowed to propose to the senate any question himself, Cic. pro Dom. 27. Sometimes the whole house called out for a particular motion, Sall. Cat. 48. And if the consul hesitated or refused, which he did by saying, SE CONSIDERARE velle, the other magistrates, who had the right of holding the senate, might do it, even against his will, particularly the tribunes of the people, Cic. pro Leg. Manil. 19. pro Sext. 30. Epist. Fam. x. 16. Hence Augustus was, by a decree of the senate, invested with the power of tribune for life, that he might lay any one thing he pleased before the senate every meeting, although he was not consul, Dio. liii. 32. And the succeeding Emperors obtained from the senate the right of laying before them one, two, or more things at the same meeting; which was called jus primæ, secundæ, tertiæ, quarta, et quinta relationis. In those times the senator who gave his opinion first, was called Primæ sententiæ senator, Vopisc. et Capitol.

It was not lawful for the consuls to interrupt those that spoke, although they introduced in their speech many things foreign to the subject; which they sometimes did, that they might waste the day in speaking, (ut diem dicendo eximerent, consumerent v. tollerent,) Cic. Verr. ii. 39. For no new reference could be made after the tenth hour, e. four o'clock in the afternoon according to our manner of reckon

i.

POWERS OF THE CONSUL. SCTA VESPERTINA.

13

ing, Senec. de Tranquill. An. c. ult. nor a decree passed after sunset, A. Gell. xiv. 7.

Hence Cicero, in blaming the decrees of Antony, calls them SCTA VESPERTINA, Phil. iii. 10. We read, however, of the senate's being assembled at midnight, upon the arrival of an express from one of the consuls, Sp. Furius, that he was besieged by the Æqui and Volsci, A. U. 290, Dionys. ix. 63. so iii. 26. and of a person haranguing till it was so late that lights were called for (nocte illatis lucernis), Plin. Ep. iv. 9.

Those who grossly abused this right of speaking without interruption, were sometimes forced to give over speaking (perorare) by the noise and clamour of the other senators, Cic. ad Att. iv. 2. Sometimes magistrates, when they made a disagreeable motion, were silenced in this manner. Thus, Cœptum est referri de inducendo SCto, i. e. delendo vel expungendo; ab omni senatu reclamatum est, Cic. pro Dom. 4. Ejus orationi vehementer ab omnibus reclamatum est, Id. Fam. i. 2. So when a senator threw out abusive language against any one, as Catiline did against Cicero and others, the whole senate bawled out against him (obstrepere omnes), Sall. Cat. 31.

This used also to happen under the Emperors. Thus Pliny, speaking of himself, after the death of Domitian, says, Finio. Incipit respondere Vejento; nemo patitur; obturbatur, obstrepitur; adeò quidem ut diceret; ROGO, PATRES C. NE ME COGATIS IMPLORARE AUXILIUM TRIBUNORUM. Et statim Murena tribunus, PERMITTO TIBI, VIR CLARISSIME, VEJENTO, DICERE. Tunc quoque reclamatur, Ep. ix. 13. The title of CLARISSIMUS was at this time given to all the senators, but formerly only to the leading men.

Sometimes the speeches of senators were received with shouts of applause; thus, Consurgenti ad censendum acclamatum est, quod solet residentibus, Plin. Ep. iv. 9. And the most extravagant expressions of approbation were bestowed on the speakers: Non ferè quisquam in senatu fuit, qui non me complecteretur, exoscularetur, certatimque laude cumularet, Id. ix. 13.

The consul, or presiding magistrate, seems to have exercised different powers in the senate at different times, Cic. Orat. iii. 1. When Cato one day, to prevent a decree from being passed, attempted to waste the day in speaking, Cæsar, then consul, ordered him to be led to prison, whereupon the house rose to follow him, which made Cæsar recall his order, Gell. iv. 10.

If any one in delivering his opinion had included several distinct articles, some of which might be approved and others rejected, it was usual to require that the opinion might be divided, and that each particular might be proposed apart; and therefore any senator might say, DIVIDE, Cic. Fam. i. 2. Senec. Ep. 21. Ascon. in Cic.

Mil. 6.

In matters of very great importance, the senators sometimes delivered their opinions upon oath (jurati), Liv. xxvi. 33. xxx. 40. xlii. 21. Tacit. Annal. iv. 21.

Several different questions might be referred to the senate by different magistrates in the same meeting, Cic. Phil. vii. 1. Liv. xxx. 21. When any magistrate made a motion, he was said VERBA FACERE; REFERRE vel DEFERRE AD SENATUM, or CONSULERE SENATUM DE

14 FORMS OF ADDRESS AND CONCLUSION.DECREE, HOW MADE.

ALIQUA RE, Cic. in Pis. 13; and the senators, if they approved of it, RELATIONEM ACCIPERE, Liv. ii. 39.

When different opinions were delivered, the senators expressed their assent, some to one and some to another, variously, by their looks, by nodding with their heads, by stretching out their hands, &c. Tacit. Hist. iv. 4.

The senators who spoke usually addressed themselves to the whole house, by the title of PATRES CONSCRIPTI, Cic. et Liv. passim ; sometimes to the consul or person who presided, Cic. Phil. viii. 1. sometimes to both, Liv. vi. 15. They commonly concluded their speeches in a certain form: QUARE EGO ITA CENSEO; or PLACET IGITUR, &c. Sallust. Cat. li. 52. QUOD C. PANSA VERBA FECIT DE - DE EA RE ITA CENSEO; or QUÆ CUM ITA SINT; or QUAS OB RES, ITA CENSEO, Cic. Phil. iii. 15. v. 4. ix. 7. Sometimes they used to read their opinion (de scripto dicere), Cic. Fam. x. 13., and a decree of the senate was made according to it (in sententiam alicujus, vel ita ut ille censebat).

When a senator did not give an entire assent to the opinion of any one, but thought that something should be added, he said, SERVILIO ASSENTIOR, ET HOC AMPLIUS CENSEO; Cic. Phil. xiii. 21. which was called addere sententiæ, vel in sententiam, Sall. Cat. 51.

6. THE MANNER OF MAKING A DECREE OF THE SENATE.

WHEN several different opinions had been offered, and each supported by a number of senators, the consul or magistrate presiding might first put to the vote which opinion he pleased, (sententiam primam pronunciare, ut in eam discessio fieret ;) Cic. Ep. Fam. i. 2. x. 12. or suppress altogether (negare se pronunciaturum) what he disapproved, Cæs. de Bell. Civili, i. 1. And herein consisted the chief power of the consul in the senate. But even this was sometimes contested by the tribunes, (antè se oportere discessionem facere, quàm consules,) Cic. Fam. i. 2.

A decree of the senate was made by a separation (per discessionem) of the senators to different parts of the house. He who presided said, "Let those who are of such an opinion pass over to that side; those who think differently, to this." (QUI HOC CENSETIS, ILLUC TRANSITE. QUI ALIA OMNIA, IN HANC Partem.) Hence Ire pedibus in sententiam alicujus, to agree to any one's opinion; and Discedere v. transire in alia omnia, for Contrarium sentire, Plin. Ep. viii. 14. Frequentes ierunt in alia omnia, a great majority went into the contrary opinion, Cic. Fam. i. 2. Frequens senatus in alia omnia iit, Id. viii. 13. discessit, x. 12. The phrase QUI ALIA OMNIA, was used instead of QUI NON CENSETIS, sc. hoc, from a motive of superstition (ominis causa), Festus.

Those senators who only voted, but did not speak, or, as some say, who had the right of voting but not of speaking, were called PÉDARII, Festus, Cic. ad Att. i. 19, 20. because they signified their opinion by their feet, and not by their tongues: or, according to others, because not having borne a curule magistracy, they went to the senate on foot, A. Gell. iii. 18. But, according to Pliny, anciently all the senators went to the senate on foot; and the privilege of being