Senatus consultum
Encyclopedia
A senatus consultum is a text emanating from the senate in Ancient Rome
. It is used in the modern phrase senatus consultum ultimum
. Translated into French as sénatus-consulte
, the term was also used during the French Consulate
, First French Empire
and Second French Empire
.
under the Roman Republic
, it was simply an opinion expressed by the senate, such as the Senatusconsultum Macedonianum
or the Senatus consultum de Bacchanalibus
. Under the Republic, it referred to a text promulgated by the senate on planned laws presented to the senate by a consul
or praetor
. Officially these consulta were merely advice given to the Republic's magistrates, but in practice magistrates often followed them to the letter. Despite only being an opinion, it was considered obligatory to have one before submitting the decision to a vote and moreover a hostile consultum from the senate almost systematically provoked the new law's abandonment or modification. If a consultum conflicted with a law promulgated by one of the Republic's legislative assemblies, the law took on a priority status and overrode the consultum. All proposed motions could be blocked by a veto from a tribune of the plebs or an intercessio by one of the executive magistrates. Each motion blocked by a veto was registered in the annals as senatus auctoritas (will of the senate). Each ratified motion finally became a senatus consultum. Each senatus auctoritas and each senatus consultum was transcribed in a document by the president, which was then deposited in the Aerarium
.
, the Roman legislative assemblies were rapidly neutralised. Realising these assemblies were very corrupt and dysfunctional, the first emperors transferred all legislative powers to the senate. After this transfer, the senatus consulta had the force of law. The senate's legislative power and right to issue consulta were suppressed in the 3rd century under the Dominate
, in reference to the full powers conferred to the imperium
. In the continued decline in praetorian law, the change rendered the emperor alone the guarantor of law and the Imperial constitution.
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
. It is used in the modern phrase senatus consultum ultimum
Senatus consultum ultimum
Senatus consultum ultimum , more properly senatus consultum de re publica defendenda is the modern term given to a decree of the Roman Senate during the late Roman Republic passed in times of emergency...
. Translated into French as sénatus-consulte
Sénatus-consulte
A sénatus-consulte was a feature of French law during the French Consulate, First French Empire and Second French Empire.-Consulate and First Empire:...
, the term was also used during the French Consulate
French Consulate
The Consulate was the government of France between the fall of the Directory in the coup of 18 Brumaire in 1799 until the start of the Napoleonic Empire in 1804...
, First French Empire
First French Empire
The First French Empire , also known as the Greater French Empire or Napoleonic Empire, was the empire of Napoleon I of France...
and Second French Empire
Second French Empire
The Second French Empire or French Empire was the Imperial Bonapartist regime of Napoleon III from 1852 to 1870, between the Second Republic and the Third Republic, in France.-Rule of Napoleon III:...
.
Republic
In the case of the ancient Roman SenateRoman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
under the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
, it was simply an opinion expressed by the senate, such as the Senatusconsultum Macedonianum
Senatusconsultum Macedonianum
Loans to sons in potestate were subject to various kinds of fraud, and the senatusconsultum Macedonianum, passed during the time of Vespasian, prevented creditors from suing on most such loans....
or the Senatus consultum de Bacchanalibus
Senatus consultum de Bacchanalibus
The senatus consultum de Bacchanalibus is a notable Old Latin inscription dating to AUC 568, or 186 BC. It was discovered in 1640 at Tiriolo, southern Italy...
. Under the Republic, it referred to a text promulgated by the senate on planned laws presented to the senate by a consul
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...
or praetor
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
. Officially these consulta were merely advice given to the Republic's magistrates, but in practice magistrates often followed them to the letter. Despite only being an opinion, it was considered obligatory to have one before submitting the decision to a vote and moreover a hostile consultum from the senate almost systematically provoked the new law's abandonment or modification. If a consultum conflicted with a law promulgated by one of the Republic's legislative assemblies, the law took on a priority status and overrode the consultum. All proposed motions could be blocked by a veto from a tribune of the plebs or an intercessio by one of the executive magistrates. Each motion blocked by a veto was registered in the annals as senatus auctoritas (will of the senate). Each ratified motion finally became a senatus consultum. Each senatus auctoritas and each senatus consultum was transcribed in a document by the president, which was then deposited in the Aerarium
Aerarium
Aerarium was the name given in Ancient Rome to the public treasury, and in a secondary sense to the public finances....
.
Empire
Under the Roman EmpireRoman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
, the Roman legislative assemblies were rapidly neutralised. Realising these assemblies were very corrupt and dysfunctional, the first emperors transferred all legislative powers to the senate. After this transfer, the senatus consulta had the force of law. The senate's legislative power and right to issue consulta were suppressed in the 3rd century under the Dominate
Dominate
The Dominate was the "despotic" latter phase of government in the ancient Roman Empire from the conclusion of the Third Century Crisis of 235–284 until the formal date of the collapse of the Western Empire in AD 476. It followed the period known as the Principate...
, in reference to the full powers conferred to the imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
. In the continued decline in praetorian law, the change rendered the emperor alone the guarantor of law and the Imperial constitution.
External links
- The Roman Law Library by Yves Lassard, of Université Grenoble-II, and Alexandr Koptev