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SEN AT US.
kings into those of the magistrates, the consuls, consular tribunes, and subsequently the censors. (Liv. ii. 1 ; Fest. s. v. Praeteriti senatores.} But the power of electing senators possessed by the republican magistrates was by no means an arbitrary power, for the senators were always taken from among those who were equites, or whom the people had previously invested with a magistracy, so that in reality the people themselves always nominated the candidates for the senate. From the year 487 b. c. the princeps senatus was no longer appointed for life, but became a magistrate appointed by the curies, and the patres minorum gentium were likewise eligible to this dignity. (Niebuhr, ii. p. 119.) It moreover appears, that all the curule magistrates from the quaestors upwards had by virtue of their office a seat in the senate, which they retained after the year of their office was over, and it was from these ex-magistrates that the vacancies occurring in the senate v/ere generally filled up.
After the institution of the censorship, the censors alone had the right to elect new members into the senate from among the ex-magistrates, and to exclud3 such as they deemed unworthy. (Zonar. vii. 19; compare Cic. de Leg. iii. 12.) [censor.] The exclusion was effected by simply passing over the names and not entering them into the lists of senators, whence such men were called praeteriti senatores. (Fest. s, v.) On one extraordinary occasion the eldest among the ex-censors was invested with dictatorial power to elect new members into the senate. (Liv. xxiii. 22.) The censors were thus, on the one hand, confined in their elections to such persons as had already received the confidence of the people, and on the other, they were expressly directed by the lex Ovinia tribunicia to elect " ex omni ordine optimum quemque curiatim." (Fest. I. c.) This obscure lex Ovinia is referred by Niebuhr (i. p. 527) to the time anterior to the admission of the con-scripti into the senate, but it evidently belongs to a, much later period, and was meant to be a guidance to the censors, as he himself afterwards acknowledged (ii. p. 408, n. 855 ; compare Walter, p. 100, n. 68). The ordo mentioned in this lex is the ordo senatorius, i.e. men who were eligible for the senate from the office they had held. (Liv. xxii. 49.) The expression curiatim is very difficult to explain ; some believe that it refers to the fact that the new senators were only appointed with the sanction of the senate itself (Dionys. vii. 55 ; Cic. Philip, v. 17), and in the presence of the lictors, who represented the curies.
From the time that the curule magistrates had the right to take their seats in the senate, we must distinguish between two classes of senators, viz., real senators, or such as had been regularly raised to their dignity by the magistrates or the censors, and such as had, by virtue of the office which they held or had held, a right to take their seats in the senate and to speak (sententiam dicere,jus sententiae), but not to vote. (Gellius, iii. 18 ; Fest. s. v. Senatores.} To this ordo senatorius also belonged the ponti-fex maximus and the flamen dialis. The whole of these senators had, as we have stated, no right to vote, but when the others had voted, they might step over or join the one or the other party, whence they were called senatores pedarii, an appellation which had in former times been applied to those jimiores who were not consulars. (Gell. I. c. j com-
pare Niebuhr, ii. p. 114 ; Walter, p. 144, and more especially Decker, I.e. p. 431, &c. ; F. Hof-mann, Der Rom Senat^ p. 19, &c.) A singular irregularity in electing members of the senate was committed by Appius Claudius Caecus, who elected into the senate sons of freedmen (Liv. ix. 29, 46 ; Aur. Yict. de \7ir. Illustr. 34) ; but this conduct was declared illegal, and had no further consequences.
When at length all the state offices had become equally accessible to the plebeians and the patricians, and when the majority of offices were held by the former, their number in the senate naturally increased in proportion. The senate had gradually become an assembly representing the people, as formerly it had represented the populus, and down to the last century of the republic the senatorial dignity was only regarded as one conferred by the people. (Cic. pro Sext. 65, de Leg. iii. 12, c. Verr. iv. 11, pro Cluent. 56.) But notwithstanding this apparently popular character of the senate, it was never a popular or democratic assembly, for now its members belonged to the nobiles, who were as aristocratic as the patricians. [no-biles.] The office of princeps senatus, which had become independent of that of praetor urbanus., was now given by the censors, and at first always to the eldest among the ex-censors (Liv. xxvii. 11), but afterwards to any other senator whom they thought most worthy, and unless there was any charge to be made against him, he was re-elected at the next lustrum. This distinction, however, great as it was, afforded neither power nor advantages (Zonar. vii. 19), and did not even confer the privilege of presiding at the meetings of the senate, which only belonged to those magistrates who had the right to convoke the senate. (Gell. xiv. 7; Cic. de Leg. iii. 4.)
It has been supposed by Niebuhr (iii. p. 406), that a senatorial census existed at Rome at the commencement of the second Punic war, but the words of Livy (xxiv. 11) on which this supposition is founded seem to be too vague to admit of such an inference. Gottling (p. 346) infers from Cicero (ad Fain. xiii. 5), that Caesar was the first Avho instituted a senatorial census, but the passage of Cicero is still more inconclusive than that of Livy, and we may safely take it for granted that during the whole of the republican period no such census existed (Plin. H. N. xiv. 1), although senators naturally always belonged to the wealthiest classes. The institution of a census for senators belongs altogether to the time of the empire. Augustus first fixed it at 400,000 sesterces, afterwards increased it to double this sum, and at last even to 1,200,000 sesterces. Those senators whose property did not amount to this sum, received grants from the emperor to make it up. (Suet. Aug, 41 ; Dion Cass. liv. 17, 26, 30, Iv. 13.) Subsequently it seems to have become customary to remove from the senate those who had lost their property through their own prodigality and vices, if they did not quit it of their own accord. (Tacit. Anna/.. ii. 48, xii. 52 ; Suet. Tib. 47.) Augustus also, after having cleared the senate of unworthy members, introduced a new and reanimating element into it by admitting men from the municipia, the colonies, and even from the provinces. (Tacit. Annal. iii. 55, xi. 25 ; Suet. Vesp. 9.) When an inhabitant of a province was honoured in this manner, the province was said to receive thejws