Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
(ii.) The freedom and power of a deliberative assembly depends very
largely on the unrestricted right of debate and initiative possessed
by its individual members. In theory the Roman senator was sorely
hampered in the exercise of both of these powers. The body to which he
belonged ever retained its formal character of a council of advisers;
the magistrate might summon it or not at his discretion, might refuse
to lay a particular question before the house, or decline to elicit
the opinions (_sententiae_) of some suspected members, opinions which
they had no power to give unasked. So long as these powers were in the
hands of two consuls, a conspiracy of silence might easily impede the
expression of the Senate’s judgment; but when the right of summoning and
of laying business before the house became the property of the praetors
in virtue of their _imperium_, and was subsequently, by an anomalous
recognition of a revolutionary power, extended to the tribunate, the
number of possible presidents was increased to twenty, and the Senate
again drew its strength from the dissensions of the magistrates. Twenty
men, even if they all represent a nobility, must also represent different
shades of opinion, and will attempt to elicit views corresponding to
their own, which may then be submitted to the approval and the votes of
the house. The practice having early arisen that it was only a definite
expression of opinion coming from some quarter of the house that should
be submitted to the approval of its members, the magistrate, eager to
put the desired motion (_relatio_), is now to a large extent dependent
on the senator. And the few gaps that still remain in the latter’s power
of initiative are filled up by ingenious fictions of debate. The senator
would rise, unburden his soul of cherished views on matters alien to the
debate,[1307] and then make his speech conform to the rules of the house
by concluding with a formal opinion on the direct issue put before it by
the magistrate. In one instance at least we find the method reversed;
the great political crime of Carthage’s destruction was prepared by the
famous _sententia_ of Cato,[1308] often repeated in speeches on unrelated
topics, and having no connexion with the issue that was directly before
the house.
Public-domain text, read in full here on John Shaqi.
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