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Seignobos, Charles, 1854-1942

"History Of Ancient Civilization"

As soon as business is presented, one of the
magistrates convokes the senators in a temple, lays the question
before them, and then asks "what they think concerning this matter."
The senators reply one by one, following the order of dignity. This is
what they call "consulting the Senate," and the judgment of the
majority is a senatus consultum (decree of the Senate). This
conclusion is only advisory as the Senate has no power to make laws;
but Rome obeys this advice as if it were a law. The people have
confidence in the senators, knowing that they have more experience
than themselves; the magistrates do not dare to resist an assembly
composed of nobles who are their peers. And so the Senate regulates
all public business: it declares war and determines the number of the
armies; it receives ambassadors and makes peace; it fixes the revenues
and the expenses. The people ratify these measures and the magistrates
execute them. In 200 B.C. the Senate decided on war with the king of
Macedon, but the people in terror refused to approve it: the Senate
then ordered a magistrate to convoke the comitia anew and to adopt a
more persuasive speech.


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