[232]. Psalms of Solomon, ii.
[233]. Livy, XLIX. v.: Syros omnis esse, haud paulo mancipiorum melius propter servilia ingenia quam militum genus.
[234]. Cf. ch. III., n. 9.
[235]. Servile origin has been ascribed to such a family as the Sempronian, and is assumed for the praenomen Servius, as for the nomen Servilius.
[236]. Macrob. Saturn. II. i. 13.
[237]. The reading of the last phrase in the mss. is quod servata, which is scarcely consistent with the rest of the passage. Bernays, Rh. Mus. 1857, p. 464 seq., conjectured that it was a Jewish or Christian marginal gloss which found its way into the text, a supposition by no means to be dismissed as cavalierly as Reinach does (Textes, p. 241, n. 1). A Christian scribe might easily have been moved by the taunt quam dis cara, to retort with the triumphant quod servata! It will be remembered that the Christians accepted as part of their own all the history and literature of the Jews till the birth of Christ, and resented as attacks upon themselves any slur against the Jews of pre-Christian times. Cf. the very interesting passage in Lactantius, Div. inst. iv. 2.
[238]. Cic. In Vat. 5, 12.
[239]. It may be worth while to indicate briefly the relation between the senatorial authority and the executive power at Rome. Unless the senate acted at the instance of the magistrate himself, a senatusconsultum was an advisory resolution, passed upon motion and suggesting to the holder of executive power, or imperium, a certain course of action. The words were generally: Placet senatui ut A. A., N. N. consules, alter ambove, si eis videretur, ilia faciant. In practice, it is true, such a resolution was almost mandatory. A strong magistrate, however, or a rash one, might and did disregard it. While, accordingly, a magistrate might neglect a course of action prescribed by the senate, there was nothing to hinder any action on his part (whether or not there was senatorial authority for it), except the veto power residing in the tribune or in an equal or superior magistrate. The only restrictions were made by the laws concerning the inviolability of the person of a civis Romanus, and of the aerarium.
[240]. The contio was a formal assembly of citizens, called by a magistrate holding imperium. The purpose was generally to hear projected legislation either favorably or unfavorably discussed. No one spoke except the magistrate or those whom he designated. The contio took no action except to indicate its assent by acclamation, or its dissent equally emphatically. At the actual legislative assembly, for which the contiones were preparations, no discussion whatever took place. The law was presented to be accepted or refused. It will be seen that a mass of Orientals who less than two years before had been Aramaic-speaking slaves can scarcely have been a power in such gatherings as these.
[241]. Philo, Leg. ad. Gaium, 23.