II. THE SENATE.—The Senate was in reality the executive government of Rome, and the Magistrates, of whom we have been speaking, were only its ministers. The Senate consisted of Three Hundred members, who held the dignity for life unless expelled by the Censors for reasons already mentioned, but they could not transmit the honor to their sons. All vacancies in the body were filled up by the Censors every five years from those who had held the Quæstorship or any higher magistracy. The Censors were thus confined in their selection to those who had already received the confidence of the people, and no one could therefore enter the Senate unless he had some experience in political affairs.
The power of the Senate was very great. It exercised a control over legislation, since no law could be proposed to the Assemblies of the People unless it had first received the approval of the Senate. In many cases "Senatus consulta"[44] were passed, which had the force of laws without being submitted to the Popular Assemblies at all. This was especially the case in matters affecting religion, police, administration, the provinces, and all foreign relations.
In foreign affairs the authority of the Senate was absolute, with the exception of declaring war and making peace, which needed the sanction of the Centuries. The Senate assigned the provinces into which the Consuls and Prætors were to be sent; they determined the manner in which a war was to be conducted, and the number of troops to be levied; they prolonged the command of a general or superseded him at their pleasure, and on his return they granted or refused him a triumph; they alone carried on negotiations with foreign states, and all embassadors to foreign powers were appointed by the Senate from their own body.
In home affairs they had the superintendence in all matters of religion. They had also the entire administration of the finances. When the Republic was in danger the Senate had the power of suspending the laws by the appointment of a Dictator, or by investing the Consuls with dictatorial power, as already mentioned.
III. THE POPULAR ASSEMBLIES.—1. The Comitia Curiata, the Patrician assembly, had become a mere form as early as the First Punic War. The gradual decline of its power has been already traced. It continued to meet for the transaction of certain matters pertaining to the Patrician gentes, but was represented simply by 30 lictors.
2. The constitution of the Comitia Centuriata, as established by Servius Tullius,[45] had undergone a great change between the time of the Licinian Rogations and the Punic Wars, but both the exact time and nature of this change are unknown. It appears, however, that its object was to give more power and influence to the popular element in the state. For this purpose the 35 tribes were taken as the basis of the new Constitution of the Centuries. Each tribe was probably divided into five property Classes, and each Classis was subdivided into two Centuries, one of Seniores and the other of Juniores. Each tribe would thus contain 10 Centuries, and, consequently, the 35 tribes would have 350 Centuries, so that, with the 18 Centuries of the Knights, the total number of the Centuries would be 368.
The Comitia of the Centuries still retained the election of the higher magistrates, the power of enacting laws, of declaring war and making peace, and also the highest judicial functions. Accusations for treason were brought before the Centuries, and in all criminal matters every Roman citizen could appeal to them.[46] But, notwithstanding these extensive powers, their influence in the state was gradually superseded by the Assembly of the Tribes.
3. The Comitia Tributa obtained its superior influence and power mainly through its Tribunes. The Assembly of the Centuries, being summoned and presided over by the Consuls, was, to a great extent, an instrument in the hands of the Senate, while that of the Tribes, being guided by its own magistrates, and representing the popular element, was frequently opposed to the Senate, and took an active part in the internal administration of the state. The increasing power of the Tribunes naturally led to a corresponding increase in the power of the Tribes. The right of Intercession[47] possessed by the Tribunes was extended to all matters. Thus we find the Tribunes preventing the Consuls from summoning the Senate and from proposing laws to the Comitia of the Centuries. As the persons of the Tribunes were sacred, the Senate could exercise no control over them, while they, on the contrary, could even seize a Consul or a Censor, and throw him into prison. The only effective check which the Senate had upon the proceedings of the Tribunes was, that one Tribune could put his veto upon the acts of his colleagues. Consequently, by securing the support of one member of the body, the Senate were able to prevent the other Tribunes from carrying out their plans.
The Plebiscita enacted by the Tribes had the same force as the Leges of the Centuries.[48] There were thus two sovereign assemblies at Rome, each independent of the other; that of the Tribes, as already observed, was the most important at the period which we have now reached.