Senate of The Roman Kingdom - Powers of The Senate

Powers of The Senate

The senate of the Roman Kingdom could only be convened by the king, and usually met in either a templum, or in some other location that had been consecrated by a religious official (an augur). While the senate could pass "laws", it would be incorrect to view the "laws" passed during the time of the kingdom as legislation. In effect, these "laws" were actually the decrees of the king. The king had the absolute power to make any law. However, he often involved both the senate and the popular assembly (the "Curiate Assembly") in the process. The primary role of the senate in this process was to either assist the king, or to provide additional legitimacy to a decree of the king by declaring its support. Sometimes this involved debate in the senate over the proposed law or an actual vote on the law. However, the king was free to ignore any ruling that the senate ultimately passed. In addition, during the days of the kingdom, the senate's limited prestige made it an accepted practice for the king to ignore advice handed down by the senate. The senate did, however, become an influential advisory council to the king. This tradition was maintained throughout the life of the Roman Republic, although in practice, the republican magistrates rarely acted against the wishes of the senate.

The patres that filled the ranks of the early senate held a position of absolute dominance over their respective families. Since the senate was filled with the patres of the leading families, their individual dominance over their individual families was consolidated into collective dominance over the collective families of the early Roman community. These were the original patrician families.

While the king was technically elected by the people, it was actually the senate who chose each new king. Since the consolidated authority of the patres of the senate chose the king, the king became the embodiment of that authority. Since the authority of each patre over his family was absolute, the king was vested with the absolute authority over those families (and thus over the entire state). Since the king derived his authority from the patres, he (theoretically) could not pass that power on to an heir upon his death. Thus, the authority reverted back to the senate when the king died.

The period between the death of one king, and the election of a new king, was called the interregnum. The interregnum was the only period during which the senate exercised its sovereign power. During the first interregnum after the death of Romulus, the senate, comprised at that time of 100 men, arranged itself into ten decuries, and each decurio governed Rome for five days as interrex. The decurios continued to rotate the government amongst themselves for a year until the senate elected Numa Pompilius as king.

The practice eventually evolved that, when a king died, it was a member of the senate (the Interrex) who nominated a candidate to replace the king. If the senate gave its approval, then in practice, the people were unlikely to reject the nominee. The formal election of the king by the people, however, did serve to confirm to the senate that the people (many of whom fought in the armies that were commanded by the king) found their new potential commander-in-chief to be acceptable. After the senate gave its final approval, the Interrex declared the individual king, and then returned to the ranks of the senate. In effect, the senate chose the king, the people ratified that choice, and the senate finalized the decision.