Patres - Senate of The Roman Empire

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, however the actual authority of the Imperial Senate was negligible, as the Emperor held the true power in the state. As such, membership in the Senate became 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. However, since the Emperor held control over the Senate, the Senate acted as a vehicle through which the Emperor exercised his autocratic powers.

The first Emperor, Augustus, reduced the size of the Senate from 900 members to 600 members, even though there were 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 was of senatorial rank.

If an individual was not of senatorial rank, there were two ways for that individual to become a senator. Under the first method, the Emperor 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.

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 lower ranking senators, 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), and, while a verdict could not be appealed, 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.

Around 300 AD, the emperor Diocletian enacted a series of constitutional reforms. In one such reform, Diocletian asserted the right of the Emperor to take power without the theoretical consent of the Senate, thus depriving the Senate of its status as the ultimate depository of supreme power. Diocletian's reforms also ended whatever illusion had remained that the senate had independent legislative, judicial, or electoral powers. The senate did, however, retain its legislative powers over public games in Rome, and over the senatorial order.

The Senate also retained the power to try treason cases, and to elect some magistrates, but only with the permission of the Emperor. In the final years of the Empire, the Senate would sometimes try to appoint their own emperor, such as in case of Eugenius who was later defeated by forces loyal to Theodosius I. The Senate remained the last stronghold of the traditional Roman religion in the face of the spreading Christianity, and several times attempted to facilitate the return of the Altar of Victory (first removed by Constantius II) to the senatorial curia.