Senate of the Roman Empire

“ It was on the dignity of the senate that Augustus and his successors founded their new empire; and they affected, on every occasion, to adopt the language and principles of Patricians. In the administration of their own powers, they frequently consulted the great national council, and seemed to refer to its decision the most important concerns of peace and war. Rome, Italy, and the internal provinces were subject to the immediate jurisdiction of the senate. ”

“ But the Senate suspected Cicero of wishing for the consulship himself, and would not [65] listen to the suggestion. The constitutional difficulty about the election gave the Senate a decent excuse for postponement. Both consuls were dead, and the prætor was unable to “create” a higher imperium than his own. There was no one to name a dictator, and as magistrates with imperium still existed the auspicia had not reverted to the patres, therefore they could not name interreges. On the 1st of January, when the curule offices would all be vacant, the auspicia would revert to the Senate. ”

“ As soon as the decree of the senate was transmitted to the emperor, he assembled a great council in his camp, and, before the investiture of the censor elect, he apprized him of the difficulty and importance of his great office. "Happy Valerian," said the prince, to his distinguished subject, "happy in the general approbation of the senate and of the Roman republic! Accept the censorship of mankind, and judge of our manners. You will select those who deserve to continue members of the senate; you will restore the equestrian order to its ancient splendour ”

“ In the times of freedom, the resolves of the people had often been dictated by the passion or error of the moment: the Cornelian, Pompeian, and Julian laws were adapted by a single hand to the prevailing disorders; but the senate, under the reign of the Caesars, was composed of magistrates and lawyers, and in questions of private jurisprudence, the integrity of their judgment was seldom perverted by fear or interest. ”

“ He studied to heal the wounds which Imperial pride, civil discord, and military violence, had inflicted on the constitution, and to restore, at least, the image of the ancient republic, as it had been preserved by the policy of Augustus, and the virtues of Trajan and the Antonines. It may not be useless to recapitulate some of the most important prerogatives which the senate appeared to have regained by the election of Tacitus. 1. To invest one of their body, under the title of emperor, with the general command of the armies, and the government of the frontier provinces. ”

“ As long as the emperors resided at Rome, that assembly might be oppressed, but it could scarcely be neglected. The successors of Augustus exercised the power of dictating whatever laws their wisdom or caprice might suggest; but those laws were ratified by the sanction of the senate. The model of ancient freedom was preserved in its deliberations and decrees; and wise princes, who respected the prejudices of the Roman people, were in some measure obliged to assume the language and behavior suitable to the general and first magistrate of the republic. ”

“ There can be little doubt that, in the reigns of Caligula and Nero, there were men who dreamed of a restored senatorial power.224 It is equally certain that the Senate was incapable of asserting it. Luxury, self-indulgence, and conscription had done their work effectually. There were many pretenders to the principate in the reign of Nero, and even some in the reign of Vespasian.225 But they had not a solid and determined Senate at their back. The world, and even the Senate, were convinced that the Roman Empire needed the administration of one man. How to get the one man was the problem. ”

“ Each of them, personally or by a legatus, exercised imperial powers in the provinces assigned to him; set up or put down client kings; granted immunities or freedom to cities, or abolished them; bestowed or withdrew [144] the citizenship of individuals; waged war with surrounding nations; raised or remitted taxation. At Rome also they had exercised the right of summoning, consulting, and presiding over the Senate, of vetoing the motion of other Senators, but without being subject to the tribunician veto themselves. ”

“ From the facts here stated it will immediately appear that after the people had acquired an unconditioned right to extend the Roman franchise, they made little use of the opportunity. The senate could well afford to concede to them a power which they cherished a growing disinclination to use. The expansion of the empire had at length so enhanced the value of citizenship that the masses were unwilling except on the rarest occasions to share its advantages with others. ”

“ The old families might have been more than decimated; new men of doubtful origin might have filled their places.221 But ancient institutions possess a prestige and power which is often independent of the men who work them. Men are governed largely through imagination and mere names. Thus the Senate remained an imaginative symbol of the glory of Roman power, down to the last years of the Western Empire. The accomplished Symmachus cherishes the phantasm of its power under Honorius. ”

“ The senate oppressed by military despotism.Till the reign of Severus, the virtue, and even the good sense of the emperors, had been distinguished by their zeal or affected reverence for the senate, and by a tender regard to the nice frame of civil policy instituted by Augustus. But the youth of Severus had been trained in the implicit obedience of camps, and his riper years spent in the despotism of military command. ”

“ Nor was the zeal of the senate less ardent in the cause of their new sovereign. They ratified, perhaps with a sincere transport of zeal, the election of Claudius; and, as his predecessor had shown himself the personal enemy of their order, they exercised, under the name of justice, a severe revenge against his friends and family. The senate was permitted to discharge the ungrateful office of punishment, and the emperor reserved for himself the pleasure and merit of obtaining by his intercession a general act of indemnity. ”

“ Circular epistles were sent, without delay, to all the principal cities of the empire, Treves, Milan, Aquileia, Thessalonica, Corinth, Athens, Antioch, Alexandria, and Carthage, to claim their obedience, and to inform them of the happy revolution, which had restored the Roman senate to its ancient dignity. Two of these epistles are still extant. We likewise possess two very singular fragments of the private correspondence of the senators on this occasion. They discover the most excessive joy, and the most unbounded hopes. ”

“ The military oath was now taken in his name, no longer to individual officers raising legions. He alone had the right to enrol soldiers; he nominated the officers; his procurators paid the men in his name; from him proceeded all rewards. The Senate, indeed, still awarded triumphs and triumphalia ornamenta, but it was at his suggestion, and the tendency was to confine the right of triumph to the Emperor himself.
By the same imperium he decided on questions of peace or war; on the distribution of the ager publicus, and the assignation of lands to veterans and coloni generally. ”

“ The development of the city-state into a world-empire is well illustrated by the decadence of the popular assembly which represented the narrow, selfish interests of the city of Rome, and we are not surprised to find the election of magistrates transferred from this body to the senate under the successor of Augustus. ”

“ At first it was directed against the assumed indifference of the Senate to internal reform and its failure to suggest hasty remedies for economic grievances. This was the essential feature of the Gracchan movement; but, although its example was perilous, the immediate effects of this first revolution were transitory in the extreme. The Senate emerged from the attack shaken but victorious. Italy was but of little account when the world lay at the feet of the noble families who composed the great council of state, and the Senate could be made to appear the only true government for an empire. ”

“ At the very outset of Roman history we see the Senate existing as an aristocratic body, embodying in itself both the oligarchical principles upon which the Roman government was based, and also the patriarchal basis upon which the Roman family organization and later the organization of the Roman state itself had been built. ”

“ Rome is preserved from cleaving in the midst by the virtues of the state, the reverence for the political majority which pervades both contending parties. The senate averts the last evil by the timely concession of the tribunitian power first, and then by sacrifice of a favourite champion of their own order, rather than civil war shall break out and all go to ruin in quarrel for the privilege and supremacy of a part. ”

“ All the acts of the Roman Republic ran in the name of the Senate and People, as if the Senate were half the state, though its number seems still to have been limited to Three Hundred members. The Senate of Rome was perhaps the most remarkable assembly that the world has ever seen. Its members held their seats for life; once Senators always Senators, unless they were degraded for some dishonourable cause. ”

“ There is much less of combination than of momentary inspiration, derived from circumstances, in the resolutions and conduct of political chiefs, kings, senators, or great men. From the time that discord and corruption had turned the Roman Republic into a bloody and tyrannical anarchy, the Roman Senate no longer meditated grand designs, and its members were preoccupied only with the question of escaping or avenging proscriptions. ”

“ The narrowness of interest, the selfishness and the corruption, which are the besetting sins of a corporation with an assured tenure of rule, were also weakened in the case of the Roman Senate by the fact that, through the elective principle, it was always in constant touch with the people. It is true that the Senate was a parliament, the members of which were elected for life—a parliament, therefore, that might easily cease to represent the wishes of the electorate ”

“ The school of writers which is interested in representing all forms of government, which have been successful as democratic, has done its best both in ancient and modern times to minimise the aristocratic character of the Roman Senate no less than its legislative supremacy; but the whole tone of Roman history is against them. A Roman Senator was distinctly a nobleman. Inside the Senate rank went by office; those Senators who had held the higher offices took precedence of others according to dignity of office ”

“ It is incredible that the Roman senate should have left to accident an election of such importance in this meeting of the Comitia which it had itself suggested, and equally incredible that ambition and patriotism should have so died out in Rome that no tried officer presented himself for the important post. ”

“ Nothing shows more clearly the true military character of the new monarchy than the fact that even its civil and Republican posts were administered by [365] soldiers; nothing explains more adequately the subservience of the Senate than the fact that it was composed mainly of ex-officers, trained in the habits of rigid obedience and in unwavering respect to the sacramentum—of men to whom Caesar was not Princeps but Imperator. ”

“ Rome is governed by an oligarchy of military chieftains, and has become more aristocratic and more democratic at the same time. The people gain rights, only to yield to the supremacy of demagogues. The Senate is humbled, but remains the ascendant power, for generals compose it, and those who have held great offices. Meanwhile the great generals struggle for supremacy. Civil wars follow in the train of foreign conquests. Marius, Sulla, Pompey, Julius, Antony, Augustus, sacrifice the state to their ambition. Good men lament, and protest, and hide themselves. Cato, Cicero, Brutus, speak in vain. ”

“ The sentiment of the Roman Senate, who, upon their general's return with the shattered remains of a great army from an almost annihilating defeat, thanked and applauded him for not despairing of the Republic, has, in later times, been moulded into an apothegm of political morality; and few sayings, of equal dignity, are now more hackneyed, than that "A good citizen will never despair of the commonwealth." ”

“ As a matter of fact, the mob themselves very much preferred the rule of a lavish despot, who would cater for their pleasures.220 But the Senate was still a name of power. In the three or four generations which had passed since the death of the first Caesar, men had forgotten the weakness and perfidy which had made senatorial government impossible. They thought of the Senate as the stubborn, haughty caste which had foiled the strategy of Hannibal, which had achieved the conquest of the world. ”

“ There was a time in the history of the Republic when this fusion seemed to be approaching completion, and when the Senate moved in the direction of becoming a representative body; but the Roman conquests threw such preponderating influence into the hands of the Senate, that the constitutional position which had been slowly won for the “people” became nominal rather than real. The oligarchy of Rome was never in the Republican period disestablished as the oligarchies of many Greek cities were disestablished. ”