senatus consulta
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A ''senatus consultum'' (
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
: decree of the senate, plural: ''senatus consulta'') is a text emanating from the senate in
Ancient Rome In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 BC ...
. It is used in the modern phrase ''
senatus consultum ultimum The ''senatus consultum ultimum'' ("final decree of the Senate", often abbreviated to SCU) is the modern term given to resolutions of the Roman Senate lending its moral support for magistrates to use the full extent of their powers and ignore th ...
''. Translated into French as '' sénatus-consulte'', the term was also used during the
French Consulate The Consulate (french: Le Consulat) was the top-level Government of France from the fall of the Directory in the coup of 18 Brumaire on 10 November 1799 until the start of the Napoleonic Empire on 18 May 1804. By extension, the term ''The Co ...
, the
First French Empire The First French Empire, officially the French Republic, then the French Empire (; Latin: ) after 1809, also known as Napoleonic France, was the empire ruled by Napoleon Bonaparte, who established French hegemony over much of continental E ...
and the
Second French Empire The Second French Empire (; officially the French Empire, ), was the 18-year Imperial Bonapartist regime of Napoleon III from 14 January 1852 to 27 October 1870, between the Second and the Third Republic of France. Historians in the 1930 ...
.


Republic

In the case of the ancient
Roman Senate The Roman Senate ( la, Senātus Rōmānus) was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome (traditionally founded in ...
under the Roman Kingdom, it was simply an opinion expressed by the senate, such as the '' Senatus consultum 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 Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
or
praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...
. Officially these ''consulta'' were merely advice given to the Republic's magistrates, but in practice magistrates often followed them to the letter.
Byrd Byrd commonly refers to: * William Byrd (c. 1540 – 1623), an English composer of the Renaissance * Richard E. Byrd (1888–1957), an American naval officer and explorer Byrd or Byrds may also refer to: Other people * Byrd (surname), includin ...
, 44
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''.Polybius, ''History'', VI.4 All proposed motions could be blocked by a veto from a
tribune of the plebs Tribune of the plebs, tribune of the people or plebeian tribune ( la, tribunus plebis) was the first office of the Roman state that was open to the plebeians, and was, throughout the history of the Republic, the most important check on the power o ...
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, from ''aes'' (“bronze, money”) + -''ārium'' (“place for”), was the name given in Ancient Rome to the public treasury, and in a secondary sense to the public finances. ''Aerarium populi Romani'' The main ''aerarium'', that ...
''.


Empire

Under the
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post- Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediter ...
, the Roman legislative assemblies were rapidly neutralised. The first emperors transferred all legislative powers to the senate. After this transfer, the ''senatus consulta'' had the force of law. Abbott, 385 The senate's legislative power and right to issue ''consulta'' were suppressed in the 3rd century under the
Dominate The Dominate, also known as the late Roman Empire, is the name sometimes given to the " despotic" later phase of imperial government in the ancient Roman Empire. It followed the earlier period known as the "Principate". Until the empire was reuni ...
, in reference to the full powers conferred to the ''
imperium In ancient Rome, ''imperium'' was a form of authority held by a citizen to control a military or governmental entity. It is distinct from '' auctoritas'' and '' potestas'', different and generally inferior types of power in the Roman Republic a ...
''. In the continued decline in praetorian law, the change rendered the emperor alone the guarantor of law and the Imperial constitution.


References


Sources

*
Robert Byrd Robert Carlyle Byrd (born Cornelius Calvin Sale Jr.; November 20, 1917 – June 28, 2010) was an American politician and musician who served as a United States senator from West Virginia for over 51 years, from 1959 until his death in 2010. A ...
, ''The Senate of the Roman Republic'', 1995, U.S. Government Printing Office, Senate Document 103-23 ; * Polybius, ''History'', book 6 *
Frank Frost Abbott Frank Frost Abbott (March 27, 1860 – July 23, 1924) was an American classical scholar. Life Born in Redding, Connecticut, he taught at the University of Chicago, then moved to Princeton University in 1907. He died in Montreux, Switzerland. ...
, ''A History and Description of Roman Political Institutions'', 1901, Elibron Classics, . {{Italic title Roman law Roman Senate fi:Senatus consultum