A ''senatus consultum'' (

Latin Latin (, or , ) is a classical language belonging to the Italic languages, 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 ...

: 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 people, 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 ...

. 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 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 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 1930s ...

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 Loans to sons ''in potestate'' were subject to various kinds of fraud, and the ''senatus consultum Macedonianum'', passed during the time of Vespasian, prevented creditors from suing on most such loans.J.A. Crook, ''Law and Life of Rome'' (Ithaca, ...

'' or the ''

Senatus consultum de Bacchanalibus The ''senatus consultum de Bacchanalibus'' ("senatorial decree concerning the Bacchanalia") is a notable Old Latin inscription dating to 186 BC. It was discovered in 1640 at Tiriolo, in Calabria, southern Italy. Published by the presiding praeto ...

''. 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 ...

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, 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 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''.

Empire

Under the

Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Roman Republic, Republican period of ancient Rome. As a polity, it included large territorial holdings aro ...

, 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, 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.

References

Sources

* Robert Byrd, ''The Senate of the Roman Republic'', 1995, U.S. Government Printing Office, Senate Document 103-23 ; * Polybius, ''History'', book 6 * Frank Frost Abbott, ''A History and Description of Roman Political Institutions'', 1901, Elibron Classics, . {{Italic title Roman law Roman Senate fi:Senatus consultum