Define: Senatus Consultum

Senatus consultum, a resolution made by the Roman Senate in the past, was not a law but was typically followed. In the first century A.D., these resolutions replaced the legislation of the comitia. However, by the end of the second century, they were merely the Senate’s official expression of the imperial will. The Senate often adopted the text of a speech by the emperor. Initially, the Senate was an advisory body nominated by the King and consisted solely of patricians. Later, it included both patricians and plebeians. Its main duty remained advising the magistrates. Until the time of Hadrian, the theory was that senatus consulta were directions to the magistrates, who were now obligated to give effect to them, both in practice and in name. Over time, senatus consulta gradually transformed into direct legislation through a process of gradual usurpation.

Senatus consultum, a term used in Roman law, refers to a resolution passed by the Roman Senate. Although it did not hold the force of law, it was generally adhered to. Initially, these resolutions replaced the legislation of the comitia in the first century A.D. However, by the end of the second century, they merely represented the imperial will of the Senate. Often, the Senate would adopt the text of the emperor’s speech (oratio). For instance, in ancient Rome, the Senate served as an advisory body without legislative power. Its primary responsibility was to provide guidance to the magistrates. Senatus consulta served as instructions to the magistrates, who were obligated to implement them. If the Senate passed a resolution to declare war on a neighbouring country, the magistrates were bound to carry out this decision. Over time, senatus consulta gained more authority and were regarded as direct legislation. During Hadrian’s reign, the Senate’s resolutions were considered the law of the land. However, they still lacked the force of law and were not binding on the people. Instead, they were viewed as an expression of the Senate’s will and were typically followed by both the magistrates and the people.

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This glossary post was last updated: 17th April 2024.