Senate of the Roman Empire
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After the fall of the Roman Republic, the constitutional balance of power shifted from the senate to the emperor. Beginning with the first emperor, Augustus, the constitutional arrangement established the illusion of a diarchy ("rule by two"). Under this arrangement, the emperor and the senate were technically two co-equal branches of government. While the senate of the early empire held a greater range of powers than did the senate of the late republic, its actual authority was ceded to the emperor. In practice, the actual authority of the imperial senate was negligible. The emperor held the real power of the state. As such, membership in the senate became sought after by individuals seeking prestige and social standing, rather than actual authority.
During the reigns of the first emperors, legislative, judicial, and electoral powers were all transferred from the legislative assemblies to the senate. Thus, all constitutional powers were now held by the senate. However, the control that the emperor had over the senate was absolute. Therefore, the senate acted as a vehicle through which the emperor would exercise his autocratic powers.
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[edit] Composition of the senate
The composition of the senate was not drastically altered during the transition from republic to empire. There was, however, a decrease in its size. In addition, the status of the senate as a highly aristocratic body was reinforced. As it was under the republic, election to a magisterial office usually resulted in senate membership. Under the republic, an individual who had not held elective office would become a senator upon his appointment to the senate by a censor. Under the empire, in contrast, an individual who had not held elective office would become a senator upon his appointment to the senate by the emperor. In addition, greater measures were taken to account for membership in the imperial senate.
[edit] Size of the senate
The emperor Augustus inherited a senate whose membership had been increased to 900 senators by his predecessor, Julius Caesar. Augustus sought to reduce the size of the senate. Augustus revised the list of senators three times.[1] By the time that these revisions had been completed, the senate had been reduced to 600 members. The size of the senate was never again drastically altered. To reduce the size of the senate, Augustus expelled senators who were of low birth. The intended consequence of this reform was to restore the aristocratic nature of the senate.[1]
[edit] Appointment to the senate
Augustus then reformed the rules which specified how an individual could become a senator. These reforms were also intended to make the senate more aristocratic. Under Augustus' reforms, a senator had to be a citizen of free birth, and have property worth at least 1,000,000 sesterces. Under the empire, as was the case during the late republic, one would become a senator upon their election to the quaestorship. Under the empire, however, one could only stand for election to the quaestorship (or to any other magisterial office) if one was of senatorial rank. To be of senatorial rank, one had to be the son of a senator.[1]
If an individual was not of senatorial rank, there were two ways for that individual to become a senator. Under the first method, the emperor would grant that individual the authority to stand for election to the quaestorship. If that individual was elected quaestor, he would become a senator.[1] Under the second method, the emperor would issue a decree, called adlectio. Adlectio would require that the individual's name be added to the senate's roles. Thus, that individual would become a senator, despite never having held magisterial office.[2]
[edit] Listing of senators
Beginning in 9 BC, an official list of senators was maintained. This list, the album senatorium, was revised each year. In drafting the album senatorium for a given year, the list would have to be updated to reflect the senate's current membership. Individuals would be added to the list if they had recently satisfied the requirements for entry into the senate. Senators would be removed from the list if either they no longer satisfied the property qualification, or they had been convicted of a criminal offense.[2]
The updated album senatorium would list each senator by order of rank.[2] The emperor, who was considered to be a senator, would always outrank all of his fellow senators. Consuls (and former consuls) would be ranked below the emperor. Praetors (and former praetors) would be ranked below the consuls. No distinctions were made between senators who had been elected to the consulship at the beginning of a given year (consules ordinarii), and senators who had been elected to the consulship after the beginning of a given year (consules suffecti). A senator's tenure in elective office would be considered when determining rank. Whenever an individual was appointed to the senate by adlectio, the emperor would have assigned that individual a rank (consul, praetor, quaestor, or otherwise).[2] Senators who had been elected to an office would not outrank senators who had been appointed to the same office by adlectio.
[edit] Procedure of the senate
After the fall of the republic, the most significant change in the nature of the senate derived from the role of the emperor as its presiding officer. Despite this fact, there were no substantive procedural changes in the senate during this time. Under the republic, the power held by the presiding magistrate over the senate was limited. Under the empire, however, the power of the emperor over the senate was absolute. The authority of the emperor over the senate was amplified by the fact that he held office for life. As such, he was immune to many of the checks that had restrained the power of the republican magistrates. He could not, for example, be impeached if he ignored a consul's veto.[3]
[edit] Senate meetings
Senators of the early empire had the same rights as did senators of the late republic. Senators could ask extraneous questions, or request that a certain action be taken by the senate. Higher ranking senators would speak before lower ranking senators. The emperor, however, could speak at any time.[4]
Any magistrate who had the authority to preside over the senate before the fall of the republic retained that authority after the fall of the republic. Most senate meetings, however, were usually presided over by the emperor. In addition, the emperor held a level of authority and prestige that robbed all magistrates of their independence. Without their independence, the magistrates lost much of their own prestige. With the loss of their prestige, the magistrates lost even more power. The authority of the emperor over the magistrates was illustrated during senate meetings, when the emperor would sit between the two consuls.[4]
The senate would ordinarily meet in the curia Julia. Scheduled meetings would be held on the kalends (the first day of the month), and then again on the ides (around the fifteenth day of the month). During the months of September and October, however, scheduled meetings would occur more frequently. The presiding magistrate would often call the senate to assemble at other points throughout the year.[2]
Under Augustus, a quorum was set at 400 senators. As the senate increasingly became subordinated to the emperor, absenteeism increasingly became a problem. Eventually, it became difficult for quorums to be met. To address this issue, the quorum rules were relaxed. The number of senators necessary to constitute a quorum was lowered. Eventually, the quorum rules would only be enforced when important matters came before the senate.[4]
[edit] The enactment of bills
Most of the bills that were presented before the senate were presented by the emperor.[4] The emperor would usually appoint a committee to draft each bill. Since no senator could stand for election to a magisterial office without the emperor's approval, senators usually did not vote against a bill that was presented by the emperor. If a senator disapproved of a bill, he would usually show his disapproval by not attending the senate meeting on the day that the bill was to be voted on.[5]
Each emperor would select a quaestor for the role of ab actis senatus.[5] This quaestor would compile the proceedings of the senate into a document called the acta senatus. The acta senatus would include bills that had been passed by the senate (senatus consulta). The acta senatus also included any official documents that had been presented to the senate, as well as speeches that had been given by important senators. The acta senatus would then be archived. Selected extracts from the acta senatus would be published in the acta diurna ("daily doings"). The acta diurna would then be distributed to the public, just as the United States Congress distributes a publication called the Congressional Record to the public.[5]
[edit] Powers of the senate
During the transition from republic to empire, the senate's influence was reduced to that of an advisory council.[5] After the transition from republic to empire had been completed, however, the senate's influence grew substantially. The senate of the early empire, like that of the late republic, was a high-level policy making institution. Theoretically, the senate of the early empire was more powerful than was the senate of the late republic. During the transition from republic to empire, the senate was granted legislative, judicial, and electoral powers.[5] While its power theoretically increased, its actual authority decreased. The republican senate had always been able to exert influence both over magistrates, as well as over the allocation of resources. After the fall of the republic, the senate lost its authority over state finances, foreign affairs, and the army.[3]
[edit] Legislative powers of the senate
While the legislative assemblies still existed after the founding of the empire, they were quickly neutered. The legislative assemblies, which were composed of the rabble of Rome, were stripped of their powers because of their decadence. They were viewed as decedent because their members were usually ignorant of the important issues of the day, and were willing to sell their votes to the highest bidder. The decadence of the legislative assemblies was a major factor behind the chaos of the late republic. The senate of the late republic had attempted, and failed, to correct many of the problems that were inherent to the assemblies. Realizing that the assemblies were too dysfunctional and corrupt to salvage, the first emperors transferred all legislative powers to the senate. After this transfer, the senatus consulta had the full force of law.[3]
Legislatively, the senate of the early empire was most concerned with the financial and civil administration of Rome. It also had a significant amount of authority over the senatorial provinces.[3] If it received authorization from the emperor, the senate could enact new tax laws. The senate could also regulate festivals, and could grant special honors. In addition, it could excuse an individual (in particular the emperor) from legal liability if that individual did not comply with various laws and restrictions.[3] The senate also had the power to regulate foreign cults, and to manage temples. However, it had no real authority over the state religion. That authority was held by the emperor, whose grade of imperium made him the chief priest in Rome (the pontifex maximus).[3] The senate also lost its authority over the public lands (ager publicus) to the emperor.
[edit] Judicial powers of the senate
During the early empire, all judicial powers that had been held by the legislative assemblies were transferred to the senate. For example, the senate now had jurisdiction over criminal trials.[3] The consul would preside over such trials, and the verdict would be handed down through a senatus consultum.[6] While a verdict could not be appealed, the emperor could pardon a convicted individual by vetoing the verdict. The verdict would take the form of a senatus consultum, and the emperor's tribunician powers allowed him to veto any such act of the senate.[6]
Each senatorial province had a court, and the decisions of those provincial courts could be appealed to the senate. Such cases could only be appealed to the senate, however, upon the recommendation of a consul.[6]
[edit] Electoral powers of the senate
The senate often elected new emperors. In conjunction with the popular assembly, the senate would confer upon the new emperor his imperium (his constitutional authority to be emperor).[6] After an emperor had died or abdicated his office, the senate could deify him. After an emperor left office, the senate could pass a decree (damnatio memoriae) which would require the destruction of all records that had so much as mentioned the existence of that emperor.[6] The intent of this decree was to expunge the memory of that emperor from history. This was only used following the reigns of the particularly odious emperors. This decree was passed, for example, following the death of the emperor Caligula.
The emperor Tiberius transferred all electoral powers from the assemblies to the senate.[6] While only the senate could elect new magistrates, the approval of the emperor was needed before any individual could seek election to a magisterial office. Despite this fact, however, elections remained highly contested and vigorously fought.[6]
[edit] See also
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[edit] References
- Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics (ISBN 0-543-92749-0).
- Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23.
- Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. London: Edmund Spettigue. Vol. 1.
- Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).
- Polybius (1823). The General History of Polybius: Translated from the Greek. By Mr. Hampton. Oxford: Printed by W. Baxter. Fifth Edition, Vol 2.
- Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press (ISBN 0-472-08125-X).
[edit] Notes
[edit] Further reading
- Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
- Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
- Mommsen, Theodor. Roman Constitutional Law. 1871-1888
- Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
- Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
- The Histories by Polybius
- Cambridge Ancient History, Volumes 9–13.
- A. Cameron, The Later Roman Empire, (Fontana Press, 1993).
- M. Crawford, The Roman Republic, (Fontana Press, 1978).
- E. S. Gruen, "The Last Generation of the Roman Republic" (U California Press, 1974)
- F. Millar, The Emperor in the Roman World, (Duckworth, 1977, 1992).
- A. Lintott, "The Constitution of the Roman Republic" (Oxford University Press, 1999)
[edit] Primary sources
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius
[edit] Secondary source material
- Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu
- The Roman Constitution to the Time of Cicero
- What a Terrorist Incident in Ancient Rome Can Teach Us
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