Roman Antiquities, and Ancient Mythology | Page 4

summoned anciently by a public officer, named viator, because he called the Senators from the country--or by a public crier, when anything had happened about which the Senators were to be consulted hastily and without delay: but in latter times by an edict, appointing the time and place, and published several days before. The cause of assembling was also added.
If any one refused or neglected to attend, he was punished by a fine, and by distraining his goods, unless he had a just excuse. The fine was imposed by him who held the Senate, and pledges were taken till it was paid--but after 60 years of age, Senators might attend or not, as they pleased.
No decree could be made unless there was a quorum. What that was is uncertain. If any one wanted to hinder the passing of a decree, and suspected there was not a quorum, he said to the magistrate presiding, "Numera Senatum," count the Senate.
The magistrate who was to preside offered a sacrifice, and took the auspices before he entered the Senate house. If they were not favorable, or not rightly taken, the business was deferred to another day. Augustus ordered that each Senator, before he took his seat, should pay his devotions with an offering of frankincense and wine, at the altar of that god in whose temple the Senate were assembled, that they might discharge their duty the more religiously. When the consuls entered, the Senators commonly rose up to do them honor.
The consuls elect were first asked their opinion, and the pr?tors, tribunes, &c. elect, seem to have had the same preference before the rest of their order. He who held the Senate, might consult first any one of the same order he thought proper.
Nothing could be laid before the Senate against the will of the consuls, unless by the tribunes of the people, who might also give their negative against any decree by the solemn word "Veto," which was called interceding. This might also be done by all who had an equal or greater authority than the magistrate presiding. If any person interceded, the sentence was called "Senatus auctoritas," their judgment or opinion.
The Senators delivered their opinions standing; but when they only assented to the opinion of another, they continued sitting.
It was not lawful for the consuls to interrupt those who spoke, although they introduced in their speeches many things foreign to the subject, which they sometimes did, that they might waste the day in speaking. For no new reference could be made after the tenth hour, that is, four o'clock in the afternoon, according to our mode of reckoning.
This privilege was often abused, but they were forced to stop by the noise and clamour of the other Senators. Sometimes magistrates, when they made a disagreeable motion, were silenced in this manner.
The Senators usually addressed the house by the title of "patres conscripti:" sometimes to the consul, or person who presided, sometimes to both.
A decree of the Senate was made, by a separation of the Senators, to different parts of the house. He who presided, said, "Let those who are of such an opinion pass over to that side, those who think differently, to this." Those Senators who only voted, but did not speak, or as some say, had the right of voting, but not of speaking, were called pedarii, because they signified their opinion by their feet, and not by their tongues. When a decree was made without any opinion being asked or given, it was called "senatus consultum per discessionem." But if the contrary, it was simply called "Senatus consultum."
In decreeing a supplication to any general, the opinion of the Senators was always asked. Hence Cicero blames Antony for omitting this in the case of Lepidus. Before the vote was put, and while the debate was going on, the members used to take their seats near that person whose opinion they approved, and the opinion of him who was joined by the greatest number was called "Sententia maxime frequens."
When affairs requiring secrecy were discussed, the clerks and other attendants were not admitted: but what passed, was written out by some of the Senators, and the decree was called tacitum.
Public registers were kept of what was done in the Senate, in the assemblies of the people, and courts of justice; also of births and funerals, of marriages and divorces, &c. which served as a fund of information for historians.
In writing a decree, the time and place were put first; then, the names of those who were present at the engrossing of it; after that, the motion with the name of the magistrate who proposed it; to all which was subjoined what the Senate decreed.
The decrees were kept in the public treasury with the laws and other writings, pertaining to the republic. Anciently