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
had surrendered itself to the perilous pleasure of listening to carefully
woven sentences, the “paint pots” of Cicero[1322] were still in all
probability the exception and not the rule.
The voice of the majority of the Senate was embodied in a resolution
(_senatus consultum_). Considered as the mere advice of the magistrates’
council it had no legal validity whatever; its binding character sprang
from the fact that it was a decree of the magistrate applying to a sphere
in which he was himself competent to issue such injunctions. Hence, as
we have seen,[1323] the veto pronounced on a decree of the Senate by
the colleague or superior of the magistrate who has elicited it, is
no exception to the rule that the acts of corporations or of private
individuals were not subject to this form of invalidation. So little
was this the case that, when the decree had been vetoed, the advice of
the Senate still remained unimpaired. The annulled resolution was still
drawn up, but it had become an _auctoritas_ merely.[1324] It was still of
sufficient potency to bind constitutionally-minded magistrates, but it no
longer imposed the duty of obeying it on the community. The _consultum_
or _auctoritas_ was drawn up at the place of meeting soon after the
resolution which it embodied had been passed. As there were no permanent
officials of a responsible character to see to its redaction, a small
committee was appointed by the president to attest the genuineness of the
document;[1325] this consisted usually of the author of the resolution
and of some of his supporters.
(iii.) The Senate exerted its developed authority under two different
aspects. It was the body which exercised the power of previous
deliberation on matters which must be submitted to the judgment of a
nominally higher authority, the people, and it was a council which
professed to give final directions to the magistrates on the conduct
of their administrative duties. It possessed no sphere of its own in
which it could act unassisted by magistrates and people, and thus its
formal independence is far less than that possessed by such a body as
the Athenian _Boulê_. The only department of state in which it seems to
have independent authority—the power of perpetuating the very life of the
_civitas_ by the appointment of an interrex—belongs strictly not to the
Senate but to its patrician members; and even for the exercise of this
right during the Republic the motive power had to spring ultimately from
a magistrate of the Plebs.[1326]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account