The Roman Senate (Latin: Senātus Rōmānus) was the highest and constituting assembly of ancient Rome and its aristocracy. With different powers throughout its existence, it lasted from the first days of the city of Rome (traditionally founded in 753 BC) as the Senate of the Roman Kingdom, to the Senate of the Roman Republic and Senate of the Roman Empire and eventually the Byzantine Senate of the Eastern Roman Empire, existing well into the post-classical era and Middle Ages.
During the days of the Roman Kingdom, the Senate was generally little more than an advisory council to the king. However, as Rome was an electoral monarchy, the Senate also elected new Roman kings. The last king of Rome, Lucius Tarquinius Superbus, was overthrown following a coup d'état led by Lucius Junius Brutus, who founded the Roman Republic. During the early Republic, the Senate was politically weak, while the various executive Roman magistrates who appointed the senators for life (or until expulsion by Roman censors) were quite powerful. Since the transition from monarchy to constitutional rule was most likely gradual, it took several generations before the Senate was able to assert itself over the executive magistrates. By the middle Republic, the Senate had reached the apex of its republican power. The late Republic saw a decline in the Senate's power, which began following the reforms of the tribunes Tiberius and Gaius Gracchus. After the transition of the Republic into the Principate, the Senate lost much of its political power as well as its prestige.
Following the constitutional reforms of Emperor Diocletian, the Senate became politically irrelevant. When the seat of government was transferred out of Rome, the Senate was reduced to a purely municipal body. That decline in status was reinforced when Constantine the Great created an additional senate in Constantinople. After Romulus Augustulus was deposed in 476, the Senate in the Western Empire functioned under the rule of Odoacer (476–489) and during Ostrogothic rule (489–535). It was restored to its official status after the reconquest of Italy by Justinian I but the Western Senate ultimately disappeared after 603, the date of its last recorded public act.
Some Roman aristocrats in the Middle Ages bore the title senator, but by this point it was a purely honorific title and does not reflect the continued existence of the classical Senate. The Eastern Senate survived in Constantinople into the early 13th century. The Roman Senate, etymologically and politically, can be considered a distant ancestor or predecessor of parliamentarism and modern legislatures and senatorial bodies, although its functions and powers varied considerably throughout its relatively lengthy history.
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History
Senate of the Roman Kingdom
The senate was a political institution in the ancient Roman Kingdom. The Latin word senatus, borrowed into English as senate, is derived from senex 'old man'; the word thus means 'assembly of elders'. The prehistoric Indo-Europeans who settled Italy in the centuries before the founding of Rome in 753 BC were structured into tribal communities, and these communities often included an aristocratic board of tribal elders.
The early Roman family was called a gens or "clan", and each clan was an aggregation of families under a common living male patriarch, called a pater (the Latin word for 'father'). When the early Roman gentes were aggregating to form a common community, the patres from the leading clans were selected for the confederated board of elders that would become the Roman senate. Over time, the patres came to recognize the need for a single leader, and so they elected a king (rex), and vested in him their sovereign power. When the king died, that sovereign power naturally reverted to the patres.
The senate is said to have been created by Rome's first king, Romulus, initially consisting of 100 men. The descendants of those 100 men subsequently became the patrician class. Rome's fifth king, Lucius Tarquinius Priscus, chose a further 100 senators. They were chosen from the minor leading families, and were accordingly called the patres minorum gentium. Rome's seventh and final king, Lucius Tarquinius Superbus, executed many of the leading men in the senate, and did not replace them, thereby diminishing their number. In 509 BC Rome's first and third consuls, Lucius Junius Brutus and Publius Valerius Publicola chose from amongst the leading equites new men for the senate, called conscripti, and increased the size of the senate to 300.
The senate of the Roman Kingdom held three principal responsibilities: It functioned as the ultimate repository for the executive power, it served as the king's council, and it functioned as a legislative body in concert with the people of Rome. During the years of the monarchy, the senate's most important function was to elect new kings. While the king was nominally elected by the people, it was actually the senate who chose each new king. The period between the death of one king and the election of a new king was called the interregnum, during which time the Interrex nominated a candidate to replace the king. After the senate gave its initial approval to the nominee, he was then formally elected by the people, and then received the senate's final approval. At least one king, Servius Tullius, was elected by the senate alone, and not by the people.
Senate of the Roman Republic
When the Republic began, the Senate functioned as a special committee. It consisted of 300–500 senators who served for life. Only patricians were members in the early period. Plebeians were admitted later, although they were denied the senior magistracies for a longer period. The Senate held the fiscal responsibilities of the Roman Republic's treasury, holding a regulatory power over incoming and outgoing transactions. The Senate was ultimately in charge of creating and maintaining public buildings, as only they had the power to distribute grants to the Censors. The Senate also oversaw judicial proceedings in extreme cases of violent offenses in Italy. At the request of allies of Italy, the Senate could oversee their judicial proceedings on extreme cases requiring further investigation as well. The Senate was also in charge of diplomatic measures in the representation of the Roman Republic.
Senators were entitled to wear a toga with a broad purple stripe, maroon shoes, and an iron, later gold, ring. The Senate of the Roman Republic passed decrees called senatus consulta, which in form constituted "advice" from the senate to a magistrate. While these decrees did not hold legal force, they usually were obeyed in practice. If a senatus consultum conflicted with a law (lex) that was passed by an assembly, the law overrode the senatus consultum because the senatus consultum had its authority based on precedent and not in law. A senatus consultum, however, could serve to interpret a law.
Through these decrees, the senate directed the magistrates, especially the Roman Consuls (the chief magistrates), in their prosecution of military conflicts. The senate also had an enormous degree of power over the civil government in Rome. This was especially the case with regard to its management of state finances, as only it could authorize the disbursal of public funds from the treasury. As the Roman Republic grew, the senate also supervised the administration of the provinces, which were governed by former consuls and praetors, in that it decided which magistrate should govern which province. Since the 3rd century BC, the senate played a pivotal role in cases of emergency. It could call for the appointment of a dictator, a right resting with each consul with or without the senate's involvement. After 202 BC, the office of dictator fell out of use, and was revived only two more times. It was replaced with the senatus consultum ultimum ("ultimate decree of the senate"), a senatorial decree that authorised the consuls to employ any means necessary to solve the crisis.
Senate of the Roman Empire
After the fall of the Roman Republic, the constitutional balance of power shifted from the Roman senate to the Roman emperor. Though retaining its legal position as under the republic, in practice the actual authority of the imperial senate was negligible, and the emperor held the true power in the state. As such, membership in the senate came to be sought after by individuals seeking prestige and social standing, rather than actual authority. During the reigns of the first emperors, legislative, judicial, and electoral powers were all transferred from the Roman assemblies to the senate. Since the emperor held control over the senate, the senate acted as a vehicle through which he exercised his autocratic powers. The first emperor, Augustus, reduced the size of the senate from 900 members to 600, even though there were only about 100 to 200 active senators at one time. After this point, the size of the senate was never again drastically altered. Under the empire, as was the case during the late republic, one could become a senator by being elected quaestor (a magistrate with financial duties), but only if one were already of senatorial rank.
In addition to quaestors, elected officials holding a range of senior positions were routinely granted senatorial rank by virtue of the offices that they held. If an individual was not of senatorial rank, there were two ways for him to become a senator. Under the first method, the emperor manually granted that individual the authority to stand for election to the quaestorship, while under the second method, the emperor appointed that individual to the senate by issuing a decree. Under the empire, the power that the emperor held over the senate was absolute. The two consuls were a part of the senate, but had more power than the senators. During senate meetings, the emperor sat between the two consuls, and usually acted as the presiding officer. Senators of the early empire could ask extraneous questions or request that a certain action be taken by the senate. Higher ranking senators spoke before those of lower rank, although the emperor could speak at any time. Besides the emperor, consuls and praetors could also preside over the senate. Since no senator could stand for election to a magisterial office without the emperor's approval, senators usually did not vote against bills that had been presented by the emperor. If a senator disapproved of a bill, he usually showed his disapproval by not attending the senate meeting on the day that the bill was to be voted on.
While the Roman assemblies continued to meet after the founding of the empire, their powers were all transferred to the senate, and so senatorial decrees (senatus consulta) acquired the full force of law. The legislative powers of the imperial senate were principally of a financial and an administrative nature, although the senate did retain a range of powers over the provinces. During the early Roman Empire, all judicial powers that had been held by the Roman assemblies were also transferred to the senate. For example, the senate now held jurisdiction over criminal trials. In these cases, a consul presided, the senators constituted the jury, and the verdict was handed down in the form of a decree (senatus consultum). A verdict could not be appealed, but the emperor could pardon a convicted individual through a veto. The emperor Tiberius transferred all electoral powers from the assemblies to the senate, and while theoretically the senate elected new magistrates, the approval of the emperor was always needed before an election could be finalized.
Post-classical Senate
After the fall of the Western Roman Empire, the senate continued to function under the Germanic chieftain Odoacer, and then under Ostrogothic rule. The authority of the senate rose considerably under barbarian leaders, who sought to protect the institution. This period was characterized by the rise of prominent Roman senatorial families, such as the Anicii, while the senate's leader, the princeps senatus, often served as the right hand of the barbarian leader. It is known that the senate successfully installed Laurentius as pope in 498, despite the fact that both King Theodoric and Emperor Anastasius supported the other candidate, Symmachus.
The peaceful coexistence of senatorial and barbarian rule continued until the Ostrogothic leader Theodahad found himself at war with Emperor Justinian I and took the senators as hostages. Then, in 552, a number of senators were slain by the Ostrogothics as revenge for the death of the Ostrogothic king, Totila. After Rome was recaptured by the imperial (Byzantine) army, the senate was restored, but the institution – like classical Rome itself – had been mortally weakened by the long war. Many senators had been killed and many of those who had fled to the east chose to remain there, thanks to favorable legislation passed by Emperor Justinian, who, however, abolished virtually all senatorial offices in Italy. The importance of the Roman senate thus declined rapidly, and it likely ceased to function as an institution with any real legislative power shortly after this time.
It is not known exactly when the Roman senate disappeared in the West, but it appears to have been in the early 7th century, when Rome was under the dominion of the Exarchate of Ravenna. Records show that in both 578 and 580, the politically-impotent senate of Rome sent envoys to Constantinople along with pleas for help against the Lombards, who had invaded Italy ten years earlier. Later, in 593, Pope Gregory I gave a sermon in which he bemoaned the almost complete disappearance of the senatorial order and the decline of the prestigious institution, suggesting that by this date, the senate had officially ceased to function as a body.
Although the Gregorian register of 603 mentions the senate in reference to the acclamation of new statues of Emperor Phocas and Empress Leontia, scholars such as Ernst Stein and André Chastagnol have argued that this mention was likely nothing more than a ceremonial flourish. In 630, any remnants of the senate were swept away when the Curia Julia was converted into a church (Sant'Adriano al Foro) by Pope Honorius I. Subsequently, the word "senate" was used by the nobility of Rome to describe themselves as a collective class. This usage was not intended to link them institutionally with the ancient senate, but rather continued the long-standing Roman tradition that the city's nobility was equated to its senate. Occasionally in the Early Middle Ages, the title "senator" was used by those in positions of power—for instance, it was held by Crescentius the Younger (d. 998) and, in its feminine form (senatrix), by Marozia (d. 937)—but it appears to have been regarded at that time as simply a title of nobility.


