Page images
PDF
EPUB

each tribe furnished was called MILES, Varro de Lat. ling. iv. 16. (unus ex millie), Isidor. ix. 3. The commander of a tribe was called TRIBUNUS, (quλagxos vel tgitvagxos.) Dionys. ii. 7. Veget. ii. 7.

The whole territory of Rome, then very small, was also divided into three parts, but not equal, One part was allotted for the service of religion, and for building temples; another, for the king's revenue, and the uses of the state; the third and most considerable part was divided into thirty portions, to answer to the thirty curiæ, Dionys. ii. 7.

The people were divided into two ranks (ordines), PATRICIANS and PLEBEIANS; connected together as PATRONS and CLIENTS, Dionys. ii. 9. In after times a third order was added, namely, the EQUITES.

THE SENATE.

1. The Institution and Number of the Senate.

THE Senate was instituted by Romulus, to be the perpetual council of the Republic, (Consilium reipublica sempiternum, Cic. pro Sextio, 65.) It consisted at first only of 100. They were chosen from among the Patricians; according to Dionysius of Halicarnassus, ii. 12. three were nominated by each tribe, and three by each curia. To these ninety-nine Romulus himself added one, to preside in the senate and have the care of the city in his absence. The senators were called PATRES, either upon account of their age, or their paternal care of the state; certainly out of respect; Liv. i. 8. and their offspring, PATRICII; (Qui patrem ciere possent, i. e. ingenui, Liv. x. 8. Dionys. ii. 8. Festus). After the Sabines were assumed into the city, another hundred was chosen from them, by the suffrages of the curia, Dionys. ii. 47. But, according to Livy, there were only 100 senators at the death of Romulus, and their number was increased by Tullus Hostilius after the destruction of Alba, i. 17. & 30. Tarquinius Priscus, the fifth king of Rome, added 100 more, who were called PATRES MINORUM GENTIUM. Those created by Romulus, were called PATRES MAJORUM GENTIUM, Tacit. Annal. xi. 25. and their posterity, Patrici Majorum Gentium. This number of 300 continued, with small variation, to the times of Sylla, who increased it; but

how

how many he added is uncertain. It appears there were at least above 400, Cic. ad Attic. i. 14.

In the time of Julius Cæsar, the number of senators was increased to 900, Dio. xliii. 47. and after his death to 1000; many worthless persons having been admitted into the senate during the civil wars, Id. lii. 42. one of whom is called by Cicero self-chosen, (lectus ipse a se), Phil. xiii. 13. But Augustus reduced the number to 600, Suet. Aug. 35. Dio.

liv. 14.

Such as were chosen into the senate by Brutus, after the expulsion of Tarquin the Proud, to supply the place of those whom that king had slain, were called CONSCRIPTI, i. e. persons written or enrolled together with the old senators, who alone were properly styled Patres. Hence the custom of summoning to the senate those who were Patres, and who were Conscripti; (ita appellabant in novum senatum lectos, Liv. ii. 1.) Hence also the name Patres Conscripti (sc. et) was afterwards usually applied to all the senators.

2. The Chusing of Senators.

PERSONS were chosen into the senate, (Senátus legebatur, Liv. xl. 51. vel in senatum legebantur, Cic. Cluent. 47.), Erst by the kings, Liv. i. 8. xxx. 35. and after their expulsion, by the consuls, Liv. ii. 1. and by the military tribunes, Festus in Præteriti Senatores; but from the year of the city 310, by the censors: at first only from the Patricians, but afterwards also from the Plebeians, Liv. ii. 32. v. 12. chiefly however from the Equites: whence that order was called Seminarium Senatûs, Liv. xlii. 61.

Some think that the senate was supplied from the annual magistrates, chosen by the people, all of whom had of course admittance into the senate; but that their senatorial character was not esteemed complete, till they were inrolled by the censors at the next Lustrum; at which time also the most eminent private citizens were added to complete the number. See Middleton on the Roman Senate.

After the overthrow at the battle of Cannæ, a Dictator was created for chusing the senate, Liv. xxiii. 22. After the subversion of liberty, the Emperors conferred the dignity of a senator on whom they thought fit. Augustus created three men to chuse the senate, and other three to review the Equites, in place of the censors, Suet. Aug. 37, Dio. lv. 13,

He whose name was first entered in the censor's books, was called PRINCEPS SENATUS, which title used to be given to the person who of those alive had been censo first, (qui primus censor, ex iis qui viverent fuisset, Liv. xxvii..); but after the year 544, to him whom the censors thought most worthy, Liv. xxvii. 13. This dignity, although it conferred no command or emolument, was esteemed the very highest, and was usually retained for life, Liv. xxxiv. 44. xxxix. 52. It is called PRINCIPATUS; and hence afterwards the Emperor was named Princeps, which word properly denotes only rank, and not power.

In chusing Senators, regard was had not only to their rank, but also to their age and fortune.

The age at which one might be chosen a senator (ÆTAS SENATORIA is not sufficiently ascertained; although it appears that there was a certain age requisite, Cic. de lege Manil. 21. Tacit. Ann. xv. 28. Antiently senators seem to have been men advanced in years, as their name imports, Sallust. Cat. 6. Cic. de Sen. 6. Ovid. Fast. v. 63. Flor. i. 15. But in after times the case was otherwise. It seems probable, however, that the age required for a senator was not below thirty; from certain laws given to foreign nations, at different times, in imitation of the Romans, Cic. in Verr. ii. 49. Plin. ad. Traj. Ep. x. 83. for there is no positive assertion on this subject in the classics.

The first civil office which gave one admission into the senate was the Quæstorship, which some have imagined might be enjoyed at twenty-five, and consequently that one might then be chosen a senator; from Dion Cassius, lii. 20. Others think at twenty-seven, on the authority of Polybius, vi. 17. who says, that the Romans were obliged to serve ten years in the army, before they could pretend to any civil magistracy; and as the military age was seventeen, of consequence that one might be made quæstor at twenty-seven. But few obtained that office so early; and Cicero, who often boasts that he had acquired all the honours of the city, without a repulse in any, and each in his proper year, (suo anno), or as soon as he could pretend to it by law, had passed his thirtieth year before he obtained the quæstorship, which he administered the year following in Sicily. So that the usual age of enjoying the quæstorship, (atas quæstoria.) and of course of being chosen a senator, in the time of Cicero, seems to have been thirty-one.

ii.

But though a person had enjoyed the quaestorship, he did not on that account become a senator, unless he was chosen into at order by the censors, Gell. iii. 18. But he had ever after the right of coming into the senate, and of giving his opinion on any question, Cic. in Verr. v. 14. Ep. ad Fam. 7.1 About this, however, writers are not agreed. It is at least certain, that there were some offices which gave persons legal title to be chosen into the senate, (unde in senatum legi deberent,) Liv. xxii. 49. Hence perhaps the senators are sometimes said to have been chosen by the people, (lecti jussu populi), L. iv. 4. Cic. pro Sext. 65. And Cicero often in his orations declares, that he owed his seat in the senate, as well as his other honours, to the favour of the people, post red. in Senat. 1. He asserts the same thing in general terms, in Verr. iv. 11. pro Cluent. 56.

Persons also procured admission into the senate by military service, Senatorium per militiam auspicabantur gradum, Senec. Ep. 47. So Liv. xxiii. 23.

When Sylla, after the destruction occasioned by his civil wars and proscriptions, thought proper to admit into the senate about 300 Equites, he allowed the people to give their vote concerning each of them in an assembly by tribes, Appian. de bell. civ. vi. 413. But Dionysius says, that Sylla supplied the senate with any persons that occured to him, v. 77. and probably admitted some of the lowest rank, Dio. xl. 03. The Flamen of Jupiter had a seat in the senate, in right of his office, Liv. xxvii. 8. a privilege which none of the other priests enjoyed, Cic. Att. iv. 2.

Augustus granted to the sons of senators, after they assumed the manly gown, the right of wearing the latus clavus, and of being present at the debates of the senate, that thus they might become the sooner acquainted with public affairs, (quo celerius reipublica assuescerent), Suet. Aug. 38. They also had the privilege of wearing the crescent on their shoes, Stat. Sylv. v. 2. 28.

No one could be chosen into the senate who had exercised a low trade, or whose father had been a slave, (libertino patre natus, Horat. Sat. 1. 6. 21. & 44.); but this was not always observed. Appius Claudius Cæcus first disgraced (inquinavit vel deformavit) the senate, by electing into it the sons of freedmen, (libertinorum filiis lectis), Liv. ix. 29, 46. or the grandsons, according to Suetonius, who says, that libertini, in the time of Appius, did not denote those who were freed, but

their progeny, (ingenuos ex his procreatos), Suet. Claud. 24. a distinction which no where occurs in the classics. Sex. Aur, Victor calls those chosen by Appius LIBERTINI; de. vir. illust. 34. But no body regarded that election, whatever it was, as valid, Liv. ix. 46. and the next consuls called the senate in the order of the roll, which had been in use before the censorship of Appius, Ibid. 30. It appears, however, that freedmen, were admitted into the senate, at least towards the end of the republic. For Dion Cassius, speaking of the censorship of Appius Claudius, and Piso, the father-in-law of Cæsar, A. U. 704, says, that Appius excluded not only all freed-men (ATENEUBEpa), but also many noblemen, and among the rest Sallust, the historian, xl. 63. for having been engaged in an intrigue with Fausta, the daughter of Sylla and wife of Milo, (a quo deprehensus, virgis casus erat); Gell. xvii. 18. Serv. in Virg. Æn. vi. 612. Acron. in Horat. Sat. i. 2. 41. Cæsar admitted into the senate not only his officers, Dio. xlii. 51. but even his mercenary soldiers, Id. xliii. 20. xlviii. 22. lii. 25, & 42. all of whom Augustus removed, Ibid. at which time he was so apprehensive of danger, that when he presided in the senate, he always wore a coat of mail under his robe, and a sword, with ten of the stoutest of his senatorian friends standing round his chair, Suet. Aug. 35.

In the year of Rome 535, a law was made, that no senator, or father of a senator, should keep a bark above the burden of 300 amphora, or eight tons; for this was reckoned sufficient to carry their grain from their farms, and it seemed below a senator to reap advantage by merchandise, Liv. xxi. 63. Cic. in Verr. v. 18.

Anciently no regard seems to have been paid to the fortune (CENSUS) of a senator, Plin. xiv. 1. and when it was first fixed does not appear. But in the flourishing state of the republic, as we learn from Suetonius, it behoved every senator to have at least eight hundred sestertia, or 800,000 sesterti, which are computed to amount to between six and seven thousand pounds Sterling; not annually, but for their whole fortune. Augustus raised it to 1200 sestertia, and plied the deficiency to those who had not that sum, Suet. Aug. Cicero also mentions a certain fortune as requisite in a senator, Fam, xiii. 5.

sup

Every lustrum, i. e. at the end of every fifth year, the senate was reviewed by one of the censors; and if any one by his behaviour had rendered himself unworthy of that high

3

rank,

« PreviousContinue »