SENATE. 



conful, in ihe clofe of it, ufed to recite them all, that the The decrees of the feiiate were ufually publi(hed, and 



fenate might pafs a vote feparately upon each ; but in this openly read to the people ioon after they were paffed ; and 



he gave what preference he thought fit to that opinion an authentic copy of thera was always depolited in the public 



which he mcft. favoured, and fometimes even iupprefled treafury of the city, or otherwife they were not confidered 



fuch of tJiem as he wholly difapproved. 



In cafes, however, where there appeared to be no diffi- 

 culty or oppofition, decrees were fometimes made, without 

 any opinion being a(ked or delivered upon them. 



When any queilion was put to the vote, it was determined 

 always by a divili^n, or feparation of the oppolite parties. 



as legal or valid. 



As to the force of thefe decrees, it is difficult to define 

 precifely what it was. It is certain that they were not con- 

 lidcred as laws, but feem to have been defigned originally as 

 the ground-work, or preparatory (lep to a law, with a fort of 

 provifional force, till a law of the fame tenor iliould be en- 



to the different parts of tlie fenate-houfe ; the conful, or afted in form by the people ; for in all ages of the republic, 

 prefiding magiilrate, having firit given order for it in this no law was ever made, but by the general fufTrage of the 

 form : Let thofe, -who are of fuch an opinion, pafs over to that people. 



fide ; thofe, 'who think differently, to this. Even under the kings, the coUeftive body of the people 



What the majority of them approved, waa drawn up into was the real fovereign of Rome, and the dernier refort in 

 a decree, or fenatus-confultiim, which was generally cob- all cafes. But their power, though fupreme and final, was 

 ceived in words prepared and diftated by the firll mover yet qualified by this check, that they could not regularly 

 of the quefkion, or the principal fpeaker in favour of it ; enad any thing, which had not been previoufly confidered 

 who, after he had fpoken what he thought fuflicient to re- and approved of by the fenate. This indeed continued to be 

 commend it to the fenate, ufed to conclude his fpeech by the general way of proceeding in all quiet and regular times, 

 fumming up his opinion in the form of fuch a decree as he from the beginning of the repubUc to the end of it ; and the 

 defired to obtain. Which decree, when confirmed by the conltant ilyle of the old writers, in their accounts of the 

 fenate, was always figned and attelled by a number of public tranfaftions, is, that the fenate voted or decreed, and 

 fenators, who chofe to attend through the whole procefs of the people commanded fuch and fuch an aft. Middleton, 

 it, for the fake of adding tiieir names to it, as a teftimony iibi fupra, and the authorities cited by him. 

 of their particular approbation of the thing, as well as Before tlie accelfion of Auguftus the fenate had loft its 

 of refpeft to the perfon, by whofe authority, or in whofe power, and alio its dignity. Many of the moit noble families 

 favour it was drawn. were cxtinft ; the republicans of fpirit and ability had pe- 



When the fenate appeared to be difpofed and ready to rifhed in the field of battle, or in the profcription. The 

 pafs a decree, it was in the power of any one of the ten door of the affembly had been defignedly left open for a 

 tribunes of the people to intercede, that is, to over-rule it. mixed multitude of more than a thoufand perfons, who re- 

 See Intercession, flefted difgrace upon their rank, inftead of deriving honour 

 In all cafes, where the determinations of the fenate were from it. Juhus Casfar introduced foldiers, ftrangers, and half- 

 over-ruled by I le negative of a tribune, of which there are barbarians into the fenate ; and this abufe, recorded by Sue- 

 numberlefs inilances, if the fenate was unanimous, or gene- tonius, became ilill more fcandalous after his death. Au- 

 rally inclined to the decree fo inhibited, they ufually palled a gullus, ioon after his acceffion, fet about the reformation of 

 vote to the fame purpofe, and in the fame words, which was it. He was elefted cenfor : and in concurrence with his 

 called y?flj/uf auHoritas, an authority or judgment of the fenate, faithful Agrippa, he examined the lilt of the fenate, expelled 

 and was entered into their journals. But this had no other a few members whofe vices or whofe obftinacy required a 

 force than to teilify the judgment of the fenate on that par- public example ; perfuaded near two hundred to prevent 

 ticular queition, and to throw the odium of obftrufting an the ihame of anexpulfion by a voluntary retreat ; raifed the 

 ■ ufeful aft on the tribune who hindered it. qualification of a fenator to above ten thoufand pounds; 

 , . In order to deter any magillrate from afting faftioufly created a fufficient number of patrician families; and accepted 

 and arbitrarily in affairs of importance, they often made it for himfelf the honourable title of prince of the fenate, which 

 part of the decree, which they were going to enaft, that if had always been bcftowed, by the cenfors, on the citizen moft 

 any one attempted to obflruft it, he fhould be deemed to aft eminent for his honours and fervices. But in thus reftoring 

 againft the interefl of the republic. Yet this claufe had the dignity, he dellroycd the independence of the fenate, 

 feldom any effeft on the hardy tribunes, who ufed to ap- the principles of a free conllitution being irrecoverably loft, 

 ply their negative in defiance of it as freely as on any other when the legiflative power is nominated by the executive, 

 indifferent occafion. How he was afterwards recompenfed by the flattery of the 

 The faftions, and leaders of parties, had feveral arts of fenate is well known. (See Augustus, Proconsul, and 

 obftrufting, or pollponing a decree, by many pretexts and Impekator.) It was, however, on the' dignity of the 

 impediments which they could throw in its way. Some- fenate, that Auguftus and hiii fucceifors founded their new 

 times they alleged fcruples of religion, that the aufpices empire; and in the adminilLation of their own pewers, they 

 were not favourable, or not rightly taken ; which, if con- frequently conlulted the great national council, and feemcd 

 firmed by the augurs, put a ftop to the bufinefs for that day. to icfer to its decifion the moit important concerns of peace 

 At other times, they urged fome pretended adm.onition from and war. Rome, Italy, and the internal provinces, were 

 the Sibylline books, which were then to be confulted and fubjctt to the immediate juriidiftion of the fenate. With 

 interpreted to a fenfe that ferved their purpofe. But the regard to civil objefts, it was the fupreme court of ap. 

 moit com.Tion method was to wafte the day, by fpcaking for peal ; with regard to criminal matters, a tribunal, conlti- 

 two or three hours fiiccefTively, fo as to leave no time to tutcd for the trial of all offences that were committed by 

 finilh the affair at that meeting : yet when fome of the more men in any public ftation, or that aftefted the peace and 

 turbulent magiftrates were grofsly abufing this right, againlt majefty of the Roman people. The exercife of the judicial 

 the general inclination of the affembly, the fenators were power became the moit frequent and ferious occupation of 

 fometimes fo impatient as to filence them, as it were, by the fenate; and the important caules that were pleaded before 

 force, and to difturb them in fuch a manner, by their clamour them afforded a laft refuge to the fpirit of ancient eloquence, 

 and hiffing, as to oblige them to defill. As a council of ftate, and as a court of juftice, the fenate pot". 

 Voi„ XXXII. G s ' •"'•ffed 



