Roman Antiquities, and Ancient Mythology | Page 4

meet with among the
ancient prodigies, the Senate was presently to sit, sub dio, or in the
open air.
The regular meetings (senatus legitimus) were on the Kalends, Nones,
and Ides in every month, until the time of Augustus, who confined
them to the Kalends and Ides. The senatus indictus was called for the
dispatch of business upon any other day except the dies Comitialis,
when the Senate were obliged to be present at the Comitia.
The Senate was 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 prætors,
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