Roman Antiquities, and Ancient Mythology / For Classical Schools (2nd ed)

by Charles K. Dillaway

The Senators delivered their opinions standing; but when they only assented to the opinion of another, they continued sitting.

It was not lawful for the consuls to interrupt those who spoke, although they introduced in their speeches many things foreign to the subject, which they sometimes did, that they might waste the day in speaking. For no new reference could be made after the tenth hour, that is, four o'clock in the afternoon, according to our mode of reckoning.

This privilege was often abused, but they were forced to stop by the noise and clamour of the other Senators. Sometimes magistrates, when they made a disagreeable motion, were silenced in this manner.

The Senators usually addressed the house by the title of “patres conscripti:” sometimes to the consul, or person who presided, sometimes to both.

A decree of the Senate was made, by a separation of the Senators, to different parts of the house. He who presided, said, “Let those who are of such an opinion pass over to that side, those who think differently, to this.” Those Senators who only voted, but did not speak, or as some say, had the right of voting, but not of speaking, were called pedarii, because they signified their opinion by their feet, and not by their tongues. When a decree was made without any opinion being asked or given, it was called “senatus consultum per discessionem.” But if the contrary, it was simply called “Senatus consultum.”

In decreeing a supplication to any general, the opinion of the Senators was always asked. Hence Cicero blames Antony for omitting this in the case of Lepidus. Before the vote was put, and while the debate was going on, the members used to take their seats near that person whose opinion they approved, and the opinion of him who was joined by the greatest number was called “Sententia maxime frequens.”

When affairs requiring secrecy were discussed, the clerks and other attendants were not admitted: but what passed, was written out by some of the Senators, and the decree was called tacitum.

Public registers were kept of what was done in the Senate, in the assemblies of the people, and courts of justice; also of births and funerals, of marriages and divorces, &c. which served as a fund of information for historians.

In writing a decree, the time and place were put first; then, the names of those who were present at the engrossing of it; after that, the motion with the name of the magistrate who proposed it; to all which was subjoined what the Senate decreed.

The decrees were kept in the public treasury with the laws and other writings, pertaining to the republic. Anciently they were kept in the temple of Ceres. The place where the public records were kept was called “Tabularium.” The decrees of the Senate concerning the honors conferred on Cæsar were inscribed in golden letters, on columns of silver. When not carried to the treasury, they were reckoned invalid. Hence it was ordained under Tiberius, that the decrees of the Senate, especially concerning the capital punishment of any one, should not be carried there before the tenth day, that the emperor, if absent from the city, might have an opportunity of considering them, and if he thought proper of mitigating them.