Roman Senate

The Roman Senate was created around 753 BCE by the Kings of Rome, and was one of the most enduring political institutions of Ancient Rome.
Its main function was to accept or reject laws presented to it by the Magistrates, which were then ratified by the Peoples Assemblies. Although it had no legislative powers, it acted as a check and balance on the executive.

Organisation
- Roman Government was conducted in the name of the Senate rather than in the name of any other Popular Assembly. SPQR - Senatus Populusque Romanus meant ‘The Senate and the Roman People’.
  - During the Republic there were 300 Senators, then Sulla doubled their number in 80 BCE.
  - Qualification: must have served as a Quaestor. Although the Senate was mostly Patrician, it was also open to Plebeians. Senators were usually Magistrates or Ex-Magistrates who served for Life. They were appointed by the Consuls, but during the Republic only the Censor had the power to enrol or expel a Senator.
  - Princeps Senatus was the Leader of the Senate.

Location
- Curia Hostilia:
  - This was the name of the original Roman Senate House, located in the Forum Romanum.
- Curia Cornelia:
  - In 80 BCE, the Curia Hostilia was rebuilt, enlarged and renamed by Sulla. He doubled the number of Senators.
- Curia Julia:
  - In 44 BCE Julius Caesar then rebuilt the Curia Cornelia and it was completed by his adopted son Augustus.

Functions
- The Senate did not possess Legislative power, but could influenced it:
  - It debated and gave advice on Proposals in Bills and Decrees, which were then subsequently ratified by the Assemblies.
  - ‘Senatus Consulta’ was a directive issued by the Senate, which was not legally binding until incorporated into a Resolution of an assembly or an Edict of a magistrate. The Senate could declare Proposals invalid if they did not follow Procedure.
  - Before a Magistrate could pass an Edict or Law, he had to submit it to the Senate and only if they approved it, could it be put to the Assembly to be voted on.

- The Senate did control:
  - Financial Policy through control of the Public Treasury Aerarium and the Public Finances.
  - Foreign Policy.
  - Awards of Military Commands
  - Election of Governors to Provinces

The Senate House was transferred to the Curia Julia in the Forum Romanum built by Julius Caesar in 44 BCE. The Senate’s Powers were adjusted as follows:

1. The Roman Emperor, as Princeps Senatus raised the authority of the Senate, over that of the magistrates and the other Assemblies.
2. The Power of all the Peoples’ Assemblies was transferred to the Senate.
3. The directives of the Senate, the ‘Senatus Consulta’, became binding under the Law during the first century CE, superseding the independence of the Magistrates.
4. The Emperor was able to pass Legislation through the Senate unopposed, and the Laws or Judgements would be enforced throughout the Empire.

The Emperor had absolute control over the Senate:
1. To become a Senator, a candidate had to be from the Senatorial Class and had to have been a Quaestor (Magistrate), the same as under the Roman Republic. As no Senator could be appointed Quaestor without the Emperor’s approval, they would not risk voting against his legislation, but abstained instead.
2. If not from the Senatorial Class, permission to stand as Quaestor had to be approved by the Emperor.
3. The Emperor could appoint a candidate directly to become a Senator by issuing a decree.
4. Finally, around 300 CE, Diocletian passed constitutional Reforms that permitted the Emperor to enact Laws without the consent of the Senate. This ended the pretence that the Senate could oppose the executive.

Curia Julia