The senators were from the earliest times elected for life. Their name indicates that originally they were men of advanced age, but the exact age at which a man might become a senator during the kingly period is not mentioned. During the latter centuries of the republic, however, the age seems to have been fixed by some Lex Annan, as the tetas senatoria is frequently mentioned. But as a qurustor after the year of his office might be mule a senator, and as the legitimate age for the cuseitorship was twenty five years, we have reason to believe that a person who had attained the age of twenty-six might be elected a senator. It might, however, be iuferred from I'olybius (vi. 17) that this was not the case till a person had completed his twenty seventh year. As regards the election of persons into the senate during the kingly period, Livy (i. 8) and Foetus (a. r. ' Prreteriti Senateres state that it was a privilege of the kings. Dionysius (ii, p. S5), though he involves himself in difficulties by supposing that the three tribes were already united when the senate consisted of only 100 members, is undoubtedly right in stating that the senators were not appointed by the kings. (Niebuhr, i. p. 33S.) The senators were elected by the deenries, and thus were real representatives of the curies, or a select body of the populus. The plebeians, who were afterwards admitted into the senate by Tarquinius Priscue, and after the banishment of the kings, must either have been incorporated with the patrician gentes, or their number must have been very email, for the first instance of a plebeian senator at Rome is Sp. Medina, in 439 B.C. ; and a second is P. Licinius Calves, in 400 B.C., although the latter may have held the office of qutestor, and so have got admission into the senate. Niebuhr (L p. 527, fic.) thinks that long before the institution of the censorship there must have been a time when the senators were chosen by the curies, and not by the subdivisions of the curies, and that each curia elected ten senators. lie founds this supposition upon the Lex minis tribunicia mentioned by Foetus (a. r. Pneteriti But as regards the time, Niebuhr is manifestly wrong, which he him self seems to have felt afterwards p. 403, note 885); for the Lex Ovinia refers to the censors, whom it directed to elect into the senate " optimum quemque curiatins" (Compare Gottling, p. 345, fic.; Walter, ' Gesch. d. Ram. It ; p. 100, mte..) During the early period of the republic, the right of electing persons into the senate belonged to the consuls, dictator, and military tribunes. But all the curule magis tracies, as well as the quiestorship, conferred upon those persons who had held them the right of being elected into the senate. (Liv., xxii. 49, " unde in Senatum legi deberent.") The qumstorship conferred this right probably from the earliest times, as it did in the time of Salta [Qtr.eseort], and this circumstance explains why the patricians opposed the eligibility of the plebeians to the qumstorship. After the esta blishment of the censorship, the election of persons into the senate was wholly in the hands of the censors. All curule magistrates, that is, consuls, praetors, curule rediles, and censors, had by virtue of their office a seat in the senate, and might speak on any subject. After their office was over they retained this right, but without being real senators. Now vacancies in the senate were filled up at every lustrum, and it was only on this occasion that the censors might elect those ex-magistrates into the senate whose conduct was un blemished. Hence we have to distinguish between two kinds of senators, real senators (senatores), and such as were allowed " dicere aententiam in senate." (Fest. a. r. Senatores!) The old decem primi senates are no longer mentioned. The honour of princeps senates, which during the kingly period had been combined with the office of .clietos urbis, and had been granted by the kings for life, WAS afterwards united with the office of praetor urbanus, or with that of a military tribune (Liv., vi. 6), and only lasted for one year. After the establishment of the censorship, this honour was conferred by the censors, sud at first upon the eldest among the living ex-censors; but afterwards upon any one whom the censors thought most worthy. (Liv., xxvii. 1I.) If the censors thought a person who had held a curule office unworthy of beiug a senator, they passed over him (" pne teribant :" Fest., P. r. Prfetcriti'); but this seems to have seldom occurred with persona who had held a curule office. (Liv., xxxiv. 44 ; xxxviii. 23.) The plebeians as an order never obtained the right of being eligible as senators ; but as soon as the great offices of the re public became accessible to the plebeians, their claims to the dignity of senator could not be disputed. As, therefore, the curestorship, con sulship, censorship, and prxtorship, were one after the other thrown open to the plebeians, their numbers in the senate likewise continued to increase. At last (perhaps in the year 131 B.C. ; Walter, p. 165, note 156), even the tribunes of the people, after having before acquired the right to convoke the senate and to take part in its deliberations, gained by the l'lebiscitum Atinium the rights of real senators. ((knit's, xiv. 8.) On certain occasions a dictator was created for the purpose of electing new members into the Renate. (Liv., xxiii. 22, &e.) bl. Fabius Buteo, in 218 n.c., not only elected such men as had held curule offices, but also such as had been plebeian rediles, tribunes, qu:estora, and persons who had distinguished themselves as soldiers. The senate, which at first had been the representative of the populus, thus gradually became the real representative of the people ; .for although the censors or a dictator were the electors, yet, either by custom or by they always elected such men as had held offices given by the people, so that it ',was in fact the people who elected the members of the senate, and the Roman senators themselves viewed their dignity as from the people. (Cie. ' pro Sext; 65; ' c. Vern,' iv. 11 ; ' pro Cluent.,' 56.) This also accounts for the fact that the members of the great colleges of priests, with the exception of the fiamen dialia (Liv., xxvii. 8), had no seats in the senate ; and for the same reason it was a dis puted point whether the praifectus urbi should have a 'vote in the senate (Collies, xiv. 8), for in the colleges of priests vacancies were filled up by co-optatio of the members themselves, and the preefectus mid was appointed by the consuls, and none of them derived their power from the people. In the time of Cicero, however, this appears to have been altered, for we find that pontiffs might at the mine time be senators. (Cie. ' ad. Att.,' iv. 2.) Notwithstanding all this, however, the senate, down to the end of the republic, preserved in a great measure its original character; it remained an aristocratic body.
During the republic we do not hear that any property qualification was required for a senator (Plin., ' Hist. Nat.,' xiv. 1), though the senators must generally have belonged to the wealthiest classes. There is indeed a passage in 1,ivy (side. II) from which it has been inferred that previous to the second Punic war a senatorial census was instituted (Niebuhr, iii., p. 408); but the words of Livy are too vague to admit of such an inference, and probably refer only to the fact that senators were among the wealthiest Romans, and were consequently able to make greater sacrifices to the republic than other persons. Glittling (p. 340) concludes from Cicero (' ad Fam.; xiii. 5) that Caesar was the first who instituted a senatorial census, but the passage of Cicero is even less conclusive than that of Livy. The first to whom the introduction of a senatorial census is expressly ascribed is Augustus. He first fixed it at 400,000 sesterees, but afterwards increased it to 800,000, and at last to 1,200,000 sesterces. (Suet., Aug.,' 41 ;'Dion Cass., lie. 17, 26, 30 ; lv. 13.) If a senator lost or spent so much of his property as to fall short of the senatorial census, he was obliged to withdraw from the senate, unless the emperor connived, or supplied the deficiency. (Tacit., ' Animal.; B. 43; xii. 52; xv. 23; ' Hist.; iv. 42 ; Suet., ' Aug.,' 41 ; ' Tiber.,' 47; Dion CARS, lx. II.) The senatorial age was fixed by Augustus at twenty-five years (Dion Cass., Ili. 20), and the names of the senators were entered on a list called ' Album Sanatorium.' (Tacit., ' Annal.', iv. 42; Dion Cass., liv. 13; lv. 3.) Augustus reduced, as we have seen, the number of senators to 600, and cleared their body from the unworthy persons who had been admitted before his time. He also improved the senate by electing into it the most distinguished citizens of municipia and colonies, and even provincials. (Tacit.,
'Annals iii. 55; xi. 25; Suet., ' Vespas.; 9.) Such senators of course resided at Rome, and, with the exception of those who belonged to Sicily or Gallia Narbonnensis, they were not allowed to visit their former homes without a special permission of the emperor. (Tacit., ' xii. 23 ; Dion Cass., lii. 42 ; lx. 25.) At a later period these foreign senators were required to purchase a certain amount of landed property in Italy. (Plin., Epist.; vi. 19.) The emperors also assumed the right of convoking the regular as well as extraordinary meetings of the senate (Dion Cass. HR. I ; liv. 3), although the consuls, praetors, and tribunes continued to enjoy the same privilege. (Tacit. ' Hist.; iv. 39 ; Dion Cass., hi. 47 ; lix. 24.) Senators were never allowed to carry on any mercantile business. About the commencement of the second Punic war, however, some senators seem to have entered into mercantile speculations ; and a law was passed, notwithstanding the opposition of the senate, that uo senator should be allowed to possess a ship of more than 300 amphonu in tonnage (Liv., xxi. 63), this being thought su.fficieutly large to con vey to Rome the produce of their possessions abroad (comp. Cie.' c. Vern,' v. 18); from which passage it is clear that this law was not always observed. No one moreover could be elected senator whose parents were not free men by birth (ingenui). The first violation of this custom was attempted by the censor Apples Claudius Crocus, who elected into the senate the sons of freedmen. (Liv., ix. 29 and 46; Aural. Viet.,' De Vir. Illustr.; 34.) But this election was considered illegal. Towards the close of the republic such proceedings appear to have been rather common. (Dion Cass., xl. 63; iii. 47; Herat.. ' Sat.,' i. 6, 21.) If a senator was struck from the lista of senators by the censors, he was not disqualified for any of the great state offices, but lie might still obtain them, and thus find his way back to. the senate. (Cie. ' pro Cluent.,' 46 ; Dion Cass., xxxviii., 30; xliii. 52 ; comp. "Note" in ' Diet. of Greek and Rom. Antic?) The regular meetings of the senate (senatas legitimate) during the republic were held on the calends, nones, and ides of every month. (Cie. 'ad Quint. Fret.; ii. 13.) Extraordinary meetings toccatas indietus or cdictus) might be convoked on any day, provided it was not a dies comitialis, or a dies ater. Augustus decreed that a seuatus legitimus should only be held twice every month, on the calends and on the ides; that during the months of September and October, ouly a small number of senators, drawn by lot, should attend; and that their attendance should be sufficient to enable the body to transact business. (Suet., Aug.,' 35; Dion Cass., lv. 3.) What number of senators was necessary in order to constitute a legal meeting is uncer tain : on some occasions, however, as we see from the senates consaltum de Bacchanalibus (Liv., xxxix. 18), a decree could not be made unless there were one hundred senators present. Sometimes also it was found necessary to enforce the attendance by a multa, or a pignoris captio. (Cie., Philip.; i. 5.) Augustus increased the seve rity of the law in this respect. (Dion Cass., liv. 18 ; lv. 3 ; lx. 11.) At first he required the presence of four hundred members to con stitute a full assembly; but he afterwards reduced this number; and at a later period, the presence of seventy, or even fewer senators, was sufficient. (Lamprid., Alex. Sev.; 16.) The places of meeting for the senate (curial or senacula) were always templa, that is, places consecrated by the augurs; and there were originally three of them : 1, the temple of Concordia, between the Capitol and the Forum ; 2, a place near the Porta Capena; and 3, a place near the temple of L'ellona, outside of the city. (Fest., s. v. ' Seuacula." Subsequently, however, meetings of the senate were held in a great many other places. The place near the temple of Bellona was princi pally used for the purpose of giving audience to generals who returned from their campaigns, and were desirous to obtain a triumph ; also to receive foreign ambassadors, especially such as were sent by an enemy, and were not allowed to enter the city. Towards the close of the republic, it was decreed that during the whole month of February the senate should give audience to foreign ambassadors on all days on which a senate could be held, and that no other business should be transacted in the senate until the affairs of the foreign ambassadors were settled. (Cic. ad Quint. Frat.; IL 13; ad Fam.; i. 4.) In the earliest times of Rome, the right of convoking the senate belonged to the kings or their vicegerents, and they also introduced the subjects for discusaion. The princeps senatus, or custos urbis, put the question. The patres majorum gentium voted first, and the patres minorum gentium last. (Cie., ' De Rep.,' ii. 20.) During the republic the senate might be convoked by the consuls, the dictator, the praetor, the tribunes of the people, the interrex, or the pra:fectus lirbi : the decemvirs, military tribunes, and the triumviri rei publiao constituendn, likewise exercised this right ; but the persons who intended to convoke the senate generally offered:sacrifices to the gods and consulted the auspices. (Uelllus, xiv. 7.) The assembled senators appear to have sat in a regular and fixed order : first, the Princeps senatus ; then the Consulares, Censorii, Prectorii, Tribunicii ; and lastly, the Queestorii. In this succession they also gave their votes. (Cm., ' Philip.', v. 17 ; sill. 14; Ad. Att.', xii. 21.) The majority always decided. This mode of voting remained the same during the empire. (Plin., Epists% viii. 14 ; ix. 13 ; Tacit., AnnaL% ill. 22 ; xi. 5.) The business was conducted as follows : the magistrate who had convoked the senate was always the president, and he laid before the assembly the subjects for discussion, opening the business with the words, " Quod bonum, faustum, fells, fortunatum sit ; referhnus ad vos, patres conscripti." After the subject of dis cussion was explained, the president asked the senators for their opinion in the order in which they sat. (Llv., L 32 ; ix. 8.) If the consules deaignati were present, they had the precedence even of the princeps senatus. (Sallust.,' Cat:, 50; Cic. ' Philip.', v. 13.) If any of the members dissented from the measure proposed, ho might express his opinion freely, or propose an amendment to it. After the dis cussions were over, the president called upon the members to vote; and the majority, which decided the question, was ascertained either by numeratio or discessio. A sitting of the senate was, generally speaking, not continued after sunset; but in unexpected or very urgent cases the business was carried on by candle-light, and even till after midnight. Augustus introduced the custom that every senator, before he took his seat, should offer incense and a libation to the prod In whose temple the meeting was held. (Suet., ' Aug.', 35.) During the time of the empire one of the consuls seems always to have presided in the senate, and the emperors only when they were consuls (Plin., Epist.% ii. 11); hut by virtue of their tribunician power, they might at any session introduce any subject they pleased (Dion Cass., liii. 32), and subsequently this privilege was granted to them by an especial decree Ow relationis). (Vopisc., Prob.', 12; J. Capitol., Pertin.% 5 ; 'M. Antonin', 6; Lamprid., ' Alex. Sev.', 1.) The measures or pro positions made by an emperor were introduced in the form of written orations (orationcs principum), and read in the senate by one of his qutestors. (Suet., Aug.', 65 ; Tit., 6, Tacit., ' Annal.', xvi. 27.) The manner of conducting the business was on the whole the same as in the time of the republic. But when magistrates were elected in the senate, the votes were given by ballet. (Plin., Epist.% iii. 20; xi. 5.) Previous to the time of Caisar the transactions of the senate were not kept or preserved in any regular way. (Plut., ' Cat. Min.', 23.) Cresar was the first who ordained that all the transactions of the senate (acts senatua) should be kept and made public. (Suet.,' ems.', 20.) These transactions were written under the superintendence of one of the senators (called " ab actis," or " h cura actorum "), by scribes appointed for the purpose. (Tacit., Annal.% v. 4, &c. ; Spart, 'Hack.% 3.) In case the business of the senate was carried on In secret, the senators themselves officiated as clerks. (Jul. Capitol., Cord.% 12.) Down to the end of the republic the ecnate of Rome partook more or less of the character of a body representing the people : it was, as Dionysiva says (v., p. 331, vi. p. 408), the head and soul of the whole republic, or the concentrated intelligence and wisdom of the whole nation.