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
To understand the facilities for information and the freedom of debate
possessed by the Senate, we must have a clear view of the functions
of its presidents and of the position of the ordinary magistrates in
that assembly. The right of summons and the right of laying business
before the body were inseparable; both were possessed by three orders
of magistrates—consuls, praetors, and tribunes. But law, in the shape
of the power given by the _major potestas_, made it impossible for the
praetor to exercise his right of summons in defiance of the consul; while
custom dictated that even the tribune should not exercise this right
when the consul was at Rome. But, once the summons has been issued and
obeyed, the convoker of the council is not its only president. The three
classes of magistrates have each the right of reference, and each in
an order prescribed by customary law. The consuls’ motions come first;
they are followed by those of the praetors, and then the tribunes have
their turn.[1309] This system of priority, although necessary to prevent
confusion, was under ordinary circumstances a matter of comparative
unimportance. It could only become a serious hindrance to the freedom of
debate if the consul abruptly dismissed the meeting before a decision
had been reached on some question of pressing importance,[1310] or
if a method of systematic obstruction were adopted by some senator,
who wasted the hours with prolix oratory until the setting of the sun
made a suspension of business legally necessary. But the former device
was revolutionary in its character, and on the occasion of its use a
fit preparation for a revolution; while the latter seems to have been
employed, as by the younger Cato during Caesar’s consulship, as a
weapon against an offensive _relatio_ already before the house.[1311]
The president himself had ample powers for meeting such designs; in the
case in question the consul had the obstructive stoic haled from the
room.[1312]
A more serious danger would have been the absence of information from the
officials who succeeded the consul in putting motions before the house;
but this was obviated by the power which magistrates had of speaking
(_verba facere_) without invitation at any period of the debate. This
power was possessed as an admitted right by those magistrates who were
themselves presiding; the quaestors, whose financial statements were
indispensable, and the aediles may have exercised it only on sufferance.
This privilege was the more necessary as the presiding magistrates
at least could not be asked their opinion by the official who held
the attention of the house; they could not give advice, for they were
themselves seeking it of others.
Public-domain text, read in full here on John Shaqi.
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