Senate consultant (lat. Senatus consultum, plural senatus consulta; abbreviated "SC") - Senate decree; formulated opinion adopted by the Senate and worn binding. The term ancient Roman state law; the senate adviser was formulated on the basis of the report (relatio) of the competent magistrate in the absence of legal protest (intercessio).
The term was also used in the 19th century in France: during the Consulate, the First and Second Empires, the so-called acts amending or supplementing the constitution with the will of the consul, emperor and published on behalf of the Senate.
1 Rights holders SC
3 Meaning SC
4 Description SC 5 Archiving and editing 6 Reserved SC 7 Special SC
8 In the Roman Empire
9 See also
Rights holders S C
The right to cum patribus agendi, that is, to make reports (referre), to vote on opinions (consulere), to vote (discessionem facere) and to edit the opinion of the majority (Senatus consultum facere, perscribere) belonged to:
from among extraordinary magistrates:
decemvirs appointed for the writing of laws (X viri legibus scribundis),
military tribunes with consular power (tribuni militum consulari potestate),
chief of the cavalry,
to the head of the city (praefectus urbi),
and from among the next: to consuls, to praetors and, to the IV century, to the plebeian stands.
In connection with, Which have a holding Senatus Consultum presiding magistrates and Senate senatus called decretum, since it was Magistrates act and consultum, as it were act Corporation Senate (Mommzen, «Römicshes Staatsrecht», III, 994 p.). In the ancient period of the republic, the participation of the magistrate was predominant: he facit senatus-consultum. Later, the value of the magistrate decreases, and only Senatus sententia, or Senatus-consultum remains, although the terms decerno and decretum are still in use, and decernere becomes equivalent to censere. According to Willems, senatus decretum means each article of the report voted separately.
Significance of SC
Senate consultants did not have the law, although the more energetic and influential the speaker and the stronger the influence of the senate, the greater the importance of the Senate consultant. According to Mommsen, while the Senate decree was decretum in the proper sense, it did not oblige the magistrate and his successor and could be limited to the year of the speaker’s magistracy. With the gradual strengthening of the role of the senate, the senate advisers approached the concept of law, and since August they have acquired the full force of laws (Gaius , I, 83–86).
Republican senate advisers were, in essence, administrative orders, and only occasionally used them to change state law. The Senate Consultant acquired the force of law only when he was proposed through rogatio for the approval of the people. There have been cases when senate advisers acquired the force of law without the sanction of comitia, but such usurpations of the senate provoked a protest from the legislative bodies of the anti-Senate party. Although the execution of the senate adviser was not legally necessary, in fact, cases of non-fulfillment were rare, since lifelong senatorial power could easily break the persistence of the annual magistracy.
As government orders, the senate advisers were appointed to protect the state religiously and to defend the rights and interests of the state treasury , publishers, Italians and provincials. The Senate adviser was drawn up in two ways: either through discessio in case of unanimity, or through a survey of individual senators in case of disagreement.
Every Senate adviser consisted of an introduction, a statement, accompanied by a brief indication of motives (relatio), and a decree that began with a formula : d (e) e (a) r (e) i (ta) c (ensuere). The term censuere was repeated after each article, which was subjected to a separate vote. If it was intended to convert the senate adviser into law, then the words were added at the end: ut de ea re ad populum ferretur.
During the republic, the name of the senate adviser was determined by its content (eg Senatus consultum de Bacchanalibus, Senatus consultum de quis in urbe sepeliretur, etc. .); in the imperial era, Senatus consultum was named after the speaker (e.g. Senatus consultum Claudianum, Juventianum, Largianum, Libonianum, etc.). If the Senate advisers were contacting Greek communities, then a Greek translation was made next to the Latin text.
Archiving and editing
The Senate adviser who received the final edition was transferred to the state archive (aerarium Saturni), where, under the supervision of the quaestors, he corresponded with the official journal. Since 449, the plebeian aediles were allowed to take official copies from the senate adviser for storage in the plebeian archives. If the tribunes or the higher magistrate imposed a veto on the report, then the senate adviser, although unanimous, did not receive administrative power and was called Senātus auctoritas; nevertheless, according to the generally accepted rule, the senate ordered its editing.
Several genuine senate advisers of the republican period, in whole or in fragmented form, have survived to our time. The most famous of them are:
a) in Latin:
a fragment of the Senateusconsult de Bacchanalibus (186 BC), carved on a bronze plaque and representing an excerpt from the full senateusconsult, officially reported by the consuls to the magistrates of the Teuran region. in Bruttias (a fragment discovered in Calabria in 1640, now stored in Vienna, published in Corpus Inscriptionum Lat. by Mommsen, No. 196);
excerpt from the Senate Counsel de Tiburtibus (159 BC);
fragment of the Senatusconsult de Asclepiade (87 B.C.);
b) in Greek:
senatusconsult de Delphis (198 B.C.),
two senatusconsult de Thisbis (170 BC),
Senate consultant de Prienensibus et Samiis (135 BC);
in Greek with Latin translation:
Senate consultant de philosophis et rhetoribus (161 BC, reported by Suet. Rhet. I: Gell. XV, 11),
de hastis Martiis (99 BC),
de provinciis consularibus, three senatusconsultants de Judaeis (139, 133 and 44 B.C.) and others.
In addition to ordinary senate advisers, there were the so-called Senatus consulta tacita, held behind closed doors, and Senatus consulta ultima, quoted from the time of the Gracchus due to internal unrest or open rebellion.
Senatus consultum ultimum granted magistrates (consuls, praetors, tribunes, etc.) special powers similar to those of a dictator, and began with the formula: Videant, dent operam consules (praetores, etc.) , ne quid respublica detrimenti capiat.
In the Roman Empire
In the imperial era, intercession (veto) against senate consultants, held on the report of the emperor (Oratio principis), was impossible. The editorship of the senate adviser was carried out in the same way as in the days of the republic, but the number of senators present was also mentioned. The possession of the senate advisers was entrusted to a senator of investor rank, appointed by the emperor for an indefinite period and called ab actia senatus.
See also - Senate - Acta Senatus - Oratio principis - Literature
Litvinov D.A. Roman senate and senatusconsulta in the 2nd century BC. Some competences in external affairs by the example of senatusconsultum de Tiburtibus (Russian) // IVS ANTIQVVM. Ancient law. - 2006. - No. 18. - P. 73-79.
Bieling, “De differentia inter senatus auctoritatem, consultum et decretum” (Minden, 1846);
Rein, “Senatus consultum” (in “Realencyclopädie” , Pauly, T. VI, 1031);
Soltau, “Die Gültigkeit der Plebiscite” (B., 1884);
Pick, “De Senatus consultis Romanorum” (B., 1884);
Willems , “Le Sénat de la République Romaine” (Louvain, 1878, 1883, especially II vol., Pp. 121–237);
Mommsen, “Römisches Staatsrecht” (III vol. B., 1888, pp. 994 cl. .);
Smith, “Dictionary of Greek and Roman Antiquities” (L., 1891, II vol., p. 636 et seq.);
Willems, “Roman state law” (I vol., pp. 217 and f., Kiev, 1888).
Senatuskonsult // Encyclopedic Dictionary of Brockhaus and Efron: in 86 volumes (82 volumes and 4 additional). - St. Petersburg, 1890-1907.
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