Smith, William: A smaller dictionary of Greek and Roman antiquities (London, 1871)

SEXATUS.

■whatever measures the king thought proper
to introduce, and had, on the other hand, a
perfect control over the assembly of the popu-
lus, which could only accept or reject what
the senate brought before it. When a king
died, the royal dignity, until a successor was
elected, was transferred to the Decern Pvimi,
each of whom in rotation held this dignity
for five days. Under the republic, the senate
had at first the right of proposing to the
comitia the candidates for magistracies, but
this right was subsequently lost : the comitia
centuriata became quite free in regard to
elections, and were no longer dependent upon
the proposal of the senate. The curies only
still possessed the right of sanctioning the
election; but in the year b. c. 299 they were
compelled to sanction any election of magis-
trates which the comitia might make, before
it took place, and this soon after became law
by the Lex Maenia. When at last the curies
no longer assembled for this empty show of
power, the senate stepped into their place, and
henceforth in elections, and soon after also in
matters of legislation, the senate had pre-
viously to sanction whatever the comitia
might decide. After the Lex Hortensia a
decree of the comitia tributa became law,
even without the sanction of the senate. The
original state of things had thus gradually
become reversed, and the senate had lost very
important branches of its power, which had
all been gained by the comitia tributa. In
its relation to the comitia centuriata, how-
ever, the ancient rules were still in force, as
laws, declarations of war, conclusions of
peace, treaties, &c, were brought before
them, and decided by them on the propo-
sal of the senate.—The powers of the senate,
after both orders were placed upon a per-
fect equality, may be thus briefly summed
tip. The senate continued to have the su-
preme superintendence in all matters of reli-
gion ; it determined upon the manner in
which a war was to be conducted, what
legions were to be placed at the disposal of a
commander, and whether new ones were to
be levied; it decreed into what provinces the
consuls and praetors were to be sent [Pro-
vixcia], and whose imperium was to be pro-
longed. The commissioners who were gene-
rally sent out to settle the administration of
a newly-conquered country, were always ap-
pointed by the senate. All embassies for the
conclusion of peace or treaties with foreign
states were sent out by the senate, and such
ambassadors were generally senators them-
selves, and ten in number. The senate alone
carried on the negotiations with foreign am-
bassadors, and received the complaints of
subject or allied nations, who always re-

SEXATUS.

garded the senate as their common protector.
By virtue of this office of protector it also
settled all disputes which might arise among
the municipia and colonies of Italy, and
punished all heavy crimes committed in
Italy, which might endanger the public petce
and security. Even in Home itself, the ju-
dices to whom the praetor referred important
cases, both public and private, were taken
from among the senators, and in extraordi-
nary cases the senate appointed especial com-
missions to investigate them ; but such a
commission, if the case in question was a
capital offence committed by a citizen, re-
quired the sanction of the people. When
the republic was in danger, the senate might
confer unlimited power upon the magistrates
by the formula, Videant consules, ne quid
respubhea detrimenti capiat, which was
equivalent to a declaration of martial law
within the city. This general care for the
internal and external welfare of the republic
included, as before, the right of disposing of
the finances requisite for these purposes.
Hence all the revenue and expenditure of the
republic were under the direct administration
of the senate, and the censors and quaestors
were only its ministers or agents. [Ckxsor ;
Quaestor.] All the expenses necessary for
the maintenance of the armies required the
sanction of the senate, before anything could
be done, and it might even prevent the tri-
umph of a returning general, by refusing to
assign the money necessary for it. There
are, however, instances of a general triumph-
ing without the consent of the senate.—How
many members were required to be present
in order to constitute a legal assembly, is
uncertain, though it appears that there ex-
isted some regulations on this point, and
there is one instance on record, in which at
least one hundred senators were required to
be present. The presiding magistrate opened
the business with the words Quod bonum,
foutturn, felix fortunatumque sit populo Iio-
mano Quiritibus, and then laid before the
assembly (referrc, relatio) what he had to
propose. Towards the end of the republic
the order in which the question was put ti-
the senators appears to have depended upon
the discretion of the presiding consul, who
called upon each member by pronouncing his
name ; but he usually began with the prin-
ceps senatus, or if consules designati were
present, with them. The consul generally
observed all the year round the same order in
which he had commenced on the first of
January. A senator when called upon to
speak might do so at full length, and even
introduce subjects not directly connected with
the point at issue. It depended upon the