In the circus, as we shall mention more particularly when discussing the Publio Games.

Legatio Libera.-One of the most substantial advantages enjoyed by a Senator was, that when he quitted Italy for his own private business he usually received, by a vote of his colleagues, a Legatio Libera, in virtue of which he was invested with the character of an ambassador, and was entitled, in all foreign countries, to the same respect and consideration as if he had actually been despatched upon some special mission by the state. 1

Senate under the Empire.-The influence of the Senate under the Empire was, ostensibly, prodigiously increased; for it not only retained all its former rights, but was, to a great extent, invested with those powers which, under the commonwealth had formed the exclusive prerogative of the people.

1. We have seen above (p. 161) that the election of magistrates was arranged between the Emperor and the Senate, the Comitia being merely called upon to approve of a list, previously prepared, which they could neither reject nor alter.

2. In like manner, the legisiative functions of the Comitia were entirely suspended by the Decrees of the Senate and the Constitutions of the Prince, which were submitted to the Senate for ratification.

3. All criminal trials of importance, all which could be classed under the head of state trials, including charges in any way affecting the government, the person of the Emperor, the proceedings of Senators or their families, or the character of the Proconsular governors, were referred to the decision of the Senate.

4. Even questions with regard to war and peace, although naturally appertaining to the Emperor in his capacity of supreme military commander, were occasionally left in the hands of the Senate (e.g. Dion Cass. LX. 23. LXVIII. 9.)

5. Lastly, the Senate elected and deposed the Emperors themselves, and all the powers in virtue of which the Emperors exercised dominion were nominally conferred by vote of the Senate.

But these privileges, vast in name, were, in reality, a mere empty show. It formed part of the policy of Augustus and of the most judicious among his successors to govern through the Senate, which became the mere organ of the imperial will, executing with ready submission all orders communicated directly, and watching with servile eagerness and anxiety for the slightest indications which might enable it to divine the secret thoughts and anticipate the wishes of the Prince, while, in addition to the sanction readily accorded by the body in its corporate capacity, each individual Senator was required, at regular periods, generally at the commencement of each year, to approve and ratify upon oath the proceedings of the Emperor (iurare in acta Principis.) The actual position of the Senate in the state was very different at different times, depending almost entirely upon the temper of the sovereign. By some it was altogether disregarded or treated with open contempt, insult, and cruelty; by others it was allowed to discharge the most weighty functions of the government, and to exercise extensive patronage without question or interference; but, in every case, all distinctly understood and felt that they acted by permission only, and that they were, in fact, agents who were allowed a greater or smaller amount of discretionary power according to the convenience or caprice of their employer.

In cases when an attempt was made to dethrone the reigning Emperor, or

1 Cic. ad fam. XI. 1. XIL 2!. ad Att. IL 18. XV. 11. pro Flacc. 34. Val. Max. V. iii. 2 Sueton. Tib. 31. On the abuses to which this practice gave rise, see Cic. de leg. agr. L 3 [I. 17.

See Dion Cass. LI. 20. LIII. 29. LVIL 8. 17. LX. 25. Tacit. Ann. XVI. 22.

when the succession was disputed, the position of the Senate was peculiarly painful and hazardous. Compelled to submit to the dictates of the chief, who, for the time being, was in military possession of the capital, the members were liable, upon each change of fortune, to be treated as rebels and traitors by the

conqueror.

1

Number of Senators under the Empire.--We have stated above (p. 105) that at the period of the first Census, held after the battle of Actium, there were one thousand Senators. Augustus reduced the number to six hundred ; but we have no distinct information of what took place in this respect under subsequent Emperors, each of whom, in virtue of his Censoria Potestas, drew up, at pleasure, lists of the Senate, admitting new members and excluding the unworthy.❜

Persons entitled to Summon and Consult the Senate.-As under the republic, the Senate might be summoned by the Consuls, Praetors, or Tribunes of the Plebs. When the Emperor was Consul he presided in that capacity; at other times, when present, he occupied a Curule chair, placed between those of the two Consuls. 3 The Emperor, in virtue of his Tribunitia Potestas, could at any time call a meeting, and even when not presiding, was allowed to originate a motion and submit it for deliberation. This privilege was eventually extended, so as to empower him to bring several distinct matters under consideration, and was termed Jus tertiae-quartae-quintae relationis.

Ordo Senatorius.-This expression was used under the republic to denote the members of the Senate collectively; but under the empire it seems to have included all the children of Senators and their direct descendants, who then formed a distinct and privileged class. The sons of Senators especially inherited a sort of nobility. As soon as they assumed the Toga Virilis they were permitted to wear the Tunica Laticlavia, to be present as auditors at meetings of the Senate, and enjoyed various rights and exemptions, both military and civil," many of which were shared by the Equites illustres, of whom we have spoken above (p. 103.)

Consilium Principis.—Augustus employed the services of a committee composed of the Consuls, of one individual from each of the classes of higher magistrates, and of fifteen ordinary Senators chosen by lot, who acted for six months as his advisers, assisting him in preparing and maturing the measures which were afterwards to be submitted to the whole body of the Senate, and in the prosecution of judicial investigations.

6

The Consilium Principis, as it was termed, gradually underwent very momentous changes, both in its constitution and in the extent of the powers which it exercised. The number of members was increased, individuals were admitted who were friends or personal attendants of the Emperor, but who had no connection with the Senate,' the most weighty questions of policy were discussed and finally decided by this privy council; and as early as the time of

1 Dion Cass LIV. 13. 14.

2 e.g. Dion Cass. LIV. 13. 14. LV. 3. Tacit. Ann. IV. 42. Suet. Vesp. 9.

8 Plin. Epp. II. 11. Dion Cass. LV. 16

4 Tacit. Ann. III. 17. Dion Cass. LIII. 32. LV. 16. Capitolin. M. Aurel. 6. Pertin. 5. Lamprid. Alex. Sev. 1. Vopisc. Prob. 12.

6 Dion Cass. LIL 31. LIII. 15. LIV. 26. Suet. Octav. 38. Digest. I. ix. 5—10. XXIII. ii 44 L. i. 22. § 5. comp. Tacit. Hist. II. 86.

• Dion Cass. LIIL 21. Suet. Octav. 35.

7 The Amici et Comites Augusts, as they were styled, formed the personal staff of the Emperor, and were divided by Tiberius into three classes, according to their dignity (tribus classibus factis pro dignitate cuiusque, Suet. Tib. 46.) In the jurists we find them frequently referred to as amici s. comites primi-secundi—tertii ordinis s. loci.

Hadrian, it had usurped the most important functions of the legislature and the courts of justice. It did not, however, assume a regular and definite form until the reign of Diocletian, when it was established under the name of Consistorium Principis, and henceforward was fully recognized as an independent and powerful department of the government. 1

1 Dion Cass. LVI. 28. 41. LVII. 7. LX. 4. Suet. Tib. 25. Ner. 15. Tit. 7. Plin. Panegyr. 88 Epp. VL 31. Spartian Hadr. 22.

A Lictor, from an ancient bas relief.

REFERENCES TO CHAPTER VI.

The Senate.-Mommsen, Röm. Staatsrecht, III. p. 835, sqq. Lange, Röm. Alterthümer, I. p. 389, sqq.; II. p. 352, sqq. Willems, Droit public Romain, p. 187, sqq.; 449, sqq. Madvig, Verfassung und Verwaltung, I. p. 280, sqq. Herzog, Geschichte und System, p. 867, sqq.

Manner of Choosing the Senate.-Willems, Le Sénat de la république romaine. Tome I.: La composition du Sénat, Paris, 1878. Lange, De plebiscitis Ovinio et Atinio disputatio, Leipzig, 1878.

Princeps Senatus.-Mommsen, Ueber den princeps senatus (Rhein. Museum, XIX. p. 455, sqq.).

Powers and Duties of the Senate.-Willems, Le Sénat de la république romaine, vol. II.: Les attributions du Sénat, Paris, 1883.

Senatus Consultum. Senatum Auctoritas.-Bieling, De differentia inter senatus auctor., cons. et decret., Minden, 1846. Pick, De senatus consultis Romanorum, Berlin, 1884. Ptaschnik, Lex Hortensia 475 u.c. (Zeitschr. für österr. Gymn., 1872, p. 241). Hennes, Das dritte valerischhoratische Gesetz, Bonn, 1880.

Senate under the Empire.-Caduzac, Décadence du sénat romain depuis César jusqu'à Constantin, Limoges, 1847. Herrmann, Senatus" romani sub primis quinque Caesaribus quae fuerit fortuna ac dignitas, Bruchsal, 1857. Callin, Qualis sub primis imp. fuerit condicio senatus Rom., Upsalae, 1866. Rotter, Ueber das Verhältniss zwischen Kaiserthum und Senat unter Augustus und Tiberius, Prag, 1875.

Number of Senators under the Empire.-Kästner, De numero Senatorum Romanorum, Coburg, 1869.

Ordo Senatorius.-Mommsen, Röm. Staatsrecht, III. p. 458, sqq. Willems, Droit public Romain, p. 404, sqq. Madvig, Verfassung und Verwaltung, I. p. 149, sqq. Herzog, Geschichte und System, II. p. 255, sqq. Friedländer, Sittengeschichte (5 ed.), I. p. 209, sqq.

Consilium Principis.-Mommsen, Röm. Staatsrecht, II. p. 988, sqq. Cuq, Le conseil des empereurs, Paris, 1884.

CHAPTER VII.

ON THE PUBLIC LANDS AND THE AGRARIAN LAWS.

Ager Publicus was the general term for all lands which belonged in property to the state and not to private individuals. A domain of this description, the proceeds of which were applied to the public service, formed part of the Roman territory from the earliest times.1 Originally it must have been very limited in extent; but as the Romans gradually subjugated Italy, they were in the habit of mulcting those tribes which resisted their arms of a considerable portion of their lands, and, in process of time acquired immense tracts. In this way, for example, the Hernici and the Privernates were deprived of two-thirds of their territory, (agri partes duae ademtae,) the Boii forfeited one half, and, upon the recovery of Capua, after its revolt to Hannibal, the whole Ager Campanus, the most fertile district in the peninsula, was confiscated.4

3

A portion of the lands thus acquired was frequently sold by public auction, in order to provide funds for the immediate wants of the state. The remainder was disposed of in different ways, according to its nature and condition; for it might be, (1.) Arable, or meadow-land, or vineyards, or olive gardens, in a high state of cultivation. (2.) Land of good quality, capable of producing the best crops, but which was lying waste and depopulated in consequence of the ravages of war. (3.) Wild hill and forest pasture, of which there are vast districts in the mountainous regions of central and southern Italy, and also on some parts of the coast.

(1.) The rich land in good condition was usually disposed of in three ways— If at no great distance from the city, or if not in an exposed situation, it was frequently made over (assignatum) in small allotments, usually of seven jugers, to the poorer citizens, those chiefly who had acquired a claim upon the state by long military service.

If, on the other hand, it lay upon an exposed frontier, or in the midst of hostile tribes, a Colonia was established according to the policy already explained (see above, p. 118.

1 Consisting, probably, chiefly of pasture land, and hence Pascua was the ancient term for the revenue of the state, from whatever source derived. See Plin. H. N. XVIII. 3.

2 Liv. II. 41. VIII. 1.

3 Liv. XXXVI. 39.

4 Liv. XXVI. 16.