167 



been so constituted, as to make an abuse of power almost 

 impossible. 



I have already said, that the magistrates were the only 

 organs through which certain resolutions could be pro- 

 posed to the Senate, to be adopted by the majority. This, 

 however, did not preclude an independent senator from pro- 

 pounding his views on other matters. When called upon to 

 give his opinion, every senator was at liberty to talk on any 

 other subject he pleased, a practice, as is well known, not tole- 

 rated in Parliament, for the very good reason that there there 

 is no necessity for it. Thus Cicero for instance, in the 

 seventh Philippic, does not touch upon the subject of discus- 

 sion then before the senate, except in a few words before he 

 sat down : " With respect to the matter upon which I am 

 asked to give my opinion, I assent to P. Servilius." This 

 was called " egredi relationem," and was a very common prac- 

 tice. As the number of magistrates who had the right of 

 calling the Senate and proposing questions was very great 

 (including the two consuls, one praetor, and ten tribunes), it 

 was not difficult for an influential and independent senator to 

 get his proposition put to the vote. But on the other hand, 

 we must not forget that the different magistrates controlled 

 one another, and could by their veto prohibit their colleagues 

 from bringing any question before the Senate. 



The members of the English House of Commons are as 

 members of that house perfectly equal; even in the upper 

 house there is parliamentary equality in spite of the different 

 gradations of nobility. It was not so in the Roman Senate. 

 I have already mentioned, that the orders in which the mem- 

 bers of that body were called upon to speak was determined 

 by rank and seniority. Those who had discharged the high 

 public offices (magistratus curules) sat and spoke first, the 

 consuls elect giving their opinion before all the others. Nor 

 was this all. 



There was a class of senators, called Pedarii, who were 



