Senatus consultum
The senatus consultum (from latin: consults of the senate; plural senatus consulta) is one of the sources of Roman law. In the Republican era, it consisted of an advisory and non-binding opinion or opinion given by the Senate to a magistrate. In the imperial era it becomes an act with the force of law, emanating from the Senate, prior and in some very rare cases (for example, Macedonian Senateconsultant or Veleyan Senateconsultant), from other subjects.
The definition of the senateconsult formulated by the Roman jurist Gaius in his Institutiones is famous: G. 1.4
It was a decree of the senate, which the senate ordered and appointed; and this will take the place of the law, although it has been sought "(Translated into Spanish it would be: "The Senate has the force of law, no matter how much someone has put it as an object of discussion")
Forms of the senate consult
- Senadoconsultos per discessionem were called when the votes were collected simply by separating the voters into two parts and not taking the vote out loud.
- The rest were simply called senateconsultos or decretum.
- Sometimes the senatorial consults related to matters or objects to be kept secret or reserved, and then they were drawn up by some of the senators themselves and not by the ordinary scribes, and the decree was called a tacitum.
In the drafting of a decree, the time and place were written first, then the name of the senators present, then the proposal with the name of the magistrate who had proposed it, and after this preamble the text of the decree was written in this form:Senate's authoritythe day before the Kalends October in the seat of ApolloL. Domitius, P. Canuleius, etc. were present in writing.which M. Aemilius had spoken to them concerning...they are so accustomed to this matter, as, etc.
When the tribunes had formed opposition, it was mentioned last in this formula:To him he sits. consult. C... A tribune of the plebs
These decrees were immediately taken to the treasury, and from the moment they were registered among other laws, they began to take force and force.