According to the letter of the constitution, the power of electing all officers of state, and of passing laws, had belonged to this miscellaneous body, the "people," gathered in assembly. Meanwhile the power of determining foreign policy and controlling the finances had lain with a special body, consisting largely of the aristocracy and of ex-officers of state, known as the "Senate." We are not here concerned with the causes of the changes which buried this constitution out of sight, but only with the actual state of things in the year 64.
In point of fact there were, under the emperors, no longer any assemblies of the "people"; the people at large neither elected nor legislated. The chief articles of the constitution had fallen into complete abeyance during the troublous times which preceded the establishment of that poorly disguised monarchy which we know as the empire. All real power of electing and law-making came to be in the hands of the Senate, acting with the emperor. While the emperor dominated the Senate, he was nevertheless glad to fall back upon that body in justification of his own actions and as a means of keeping up the constitutional pretence. He permitted the Senate to pass resolutions, and to exercise authority, just so far as there was no conflict with his own pronounced wishes and interests. It was not his policy to interfere and irritate when there was no occasion. On the other hand, when he desired a piece of legislation or an important administrative novelty, he preferred that it should be backed up by the sanction, or promoted by the apparently spontaneous action, of the Senate. It then bore a better appearance, and was less open to cavil. The people are no longer consulted at all in such matters. They have no say in them, for they have neither plebiscite nor representative government.
It must not be supposed that there never was friction between emperor and Senate. The Senate was often—or rather generally—servile, because it was intimidated. But there were times when it was inclined to assert itself; some of its members occasionally allowed themselves a certain freedom of speech, toward which one emperor might be surprisingly lenient or good-naturedly contemptuous, and another outrageously vindictive. In the year 64 the Senate was outwardly docile enough, although at heart it was anything but loyal to his Highness Nero the Head of the State. It must always be remembered that among the Senate were included many of the highest-born, proudest, and strictest of the Roman nobles or men of eminence. To them the whole succession of emperors was still a series of upstarts—the family of the Caesars—usurping powers which properly belonged to the Senate. You could not expect these persons, aristocrats at heart, and many of them true patriots, bearing names distinguished throughout Roman history, to acquiesce in the spectacle of one who was no better than they, as he passed up to his huge palace on the Palatine Hill, escorted by his guards, or as he entered the Senate-House to give what were practically his orders, perhaps scarcely deigning to recognise men whose families had been illustrious while his was obscure. At times a member here or there was calculating his own chances of supplanting the man who galled him by condescension, or coldness, or even insult. These aristocrats felt as the French nobles might feel with Napoleon. And on his side the emperor, good or bad, never felt quite safe from a plot to overthrow him. On the whole these earlier emperors were much engaged in keeping the Senate in its place, and were inclined, with quite sufficient reason, to be jealous and suspicious of its more important members.
It was natural, therefore, that they should keep a very practical control over the composition of that body. The situation was much as if a modern nation were ruled by a virtual autocrat assisted by a House of Peers. The senators and their families formed a "senatorial order." So far as the Romans had such a thing as a peerage under the empire, it is to be found in the senatorial order. And as a title may now be either hereditary or conferred by the sovereign as the "fount of honour," so, under the Roman emperors, the right to belong to the senatorial order might come from birth or from the choice of the head of the state. Normally you belonged to the "order" if you were the son of a senator; you ranked in that class of society. To belong to the Senate itself and to take part in its debates you must then have held a certain public office and must possess not less than £8000. The £8000 is the minimum. Most senators were rich, and some were enormously wealthy. They are found with a capital of £3,000,000 or £4,000,000 and an income up to £150,000. As for the public office which you must first hold, you could not even be a candidate for it unless you were already of the "order." If, when you are a senator, there is anything serious against you, or if you become impoverished, your name may be expunged from the list. Otherwise you remain a senator all your life, and your son in turn is of the "order," and may pass into the Senate by the same process. If you were a popular or highly deserving person, and from any accident had lost your property, the emperor would frequently make up the deficiency, or your brother senators would subscribe the necessary amount.
But an emperor could meanwhile raise to the "order" anyone he chose. He could give him standing, and so make him eligible as a candidate for that public office which was preliminary to entering the actual Senate. Moreover, when it came to the elections to this office which served as the indispensable stepping-stone to the Senate-House, the vacancies were limited in number, and the emperor had the right of either nominating or recommending the candidates whom he preferred. Needless to say, those candidates were invariably elected. It was, of course, monstrous arrogance for Caligula to boast that he could make his horse a consul if he chose, but the taunt contained a measure of truth.
Let us then put the case thus. Imagine that a modern senate is recruited from persons whose names are in the Peerage and Baronetage, and that, before any scion of such a family can enter the Senate itself, he must go through some sort of under-secretaryship, to which he must first be elected.
But next imagine that the sovereign can raise to the rank of "peerage or baronetage" some favoured person whose family does not yet figure in Debrett. Such a man is then entitled to put his name on the list of candidates for the necessary under-secretaryship, and, when the sovereign reviews that list, he marks the candidate as nominated or recommended by himself. So he passes into the Senate.
Most emperors did this but sparingly. They made the Senate an aristocratic and wealthy body, keeping its numbers at somewhere near 600. We must not be perpetually assuming that the Caesars were either reckless or unscrupulous, because two or three were of that character. Many of them were remarkably capable and sagacious men. They recognised the need of ability and high character in their Senate. They had themselves enough of the old Roman exclusiveness to keep their honours from being made too cheap, and the probability is that under their rule the Senate was quite as honourable and quite as able a body as it was at any time under the republic.
The feeling of noblesse oblige was strongly implanted in this senatorial class. The wealth of most members also put them above the more sordid temptations. The senator was not permitted to undertake any mercantile or financial business. The ancient notion still survived, that the only really honourable occupations for money were war and agriculture. The senator might own land and dispose of its produce or receive its rents, but he could not, for instance, be a money-lender or tax-farmer. Sometimes, no doubt, a senator evaded these provisions by employing a "dummy," but we must not probe too deep under the surface. In compensation for this disability it was from the senatorial class that were drawn all the governors of the important provinces, except Egypt, and all the higher military officers. In these capacities they received salaries. The governor of Africa, for example, was paid £10,000 a year.
Such men were no mere inexperienced aristocrats or plutocrats. They had regularly passed through a military training in youth, and had then held a minor civil appointment, commonly involving some knowledge of public finance. Next they had passed into the Senate and taken part in its business; had then held other public offices which taught them practical administration and probably legal procedure; and had afterwards been put in command of a "legion," that is to say, a brigade or corps d'armée. After performing such functions with credit, a senator might be sent to govern Syria or Macedonia or Britain or some other province. He was then a man of varied experience and ripe judgment, trained in official discipline and etiquette, as well as in knowledge. This was the kind of man whom Paul met in Cyprus in the person of the governor Sergius Paulus, or at Corinth in the person of Gallio.