Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

1 024 SNATUSCONSULTUM. SENATUSONSULTU. SETUCONSULTU.
The proper enacting word in tile Senatuseconsuita sidered as Universitates, to be appointed heredes
is "censeo," but the word "' decerno " was also by their liberti or libertae. Ulpianl speaks of this
sed in ordinary language to express the enacting Senatusconsultum in the passage referred to, imof a Senatusconsultum. (Cic. ad Famr. viii. 8; Sen- imediately before he speaks of that Senatuscon-!its decrevit ut &'c. ad Alt. i. 19.) But a Senatus- sultum which we know to be the Apronianum,
consultnm, which was a law in the proper sense of and it appears probable that the two Senatusthe term, is not called a Decretum, which was a consulta were the same, for their objects were
rule made by the Senate as to some matter which similar and they are mentioned together without
was strictly within its competence. The words any indication of their being different. This last
Decretunm and Senatusconsultnum are often used mentioned provision is also mentioned in the
indiscriminately and with little precision. (Gell. ii. Digest (38. tit. 3) as being contained in a Sena24.) (See Aelius Gallus, apzud Festeum, s. v. Senatus tusconsultumn which was posterior to the TrebelliDecretumn, and DEcRETUsI.) anum, but the name is not given in the Digest.
The forms of the Senatusconsulta are the best Under this provision a Municipium could obtain
evidence of their character. The following are the Bonorum Possessio. Bachius (FTistoria Jursissome of the principal S-natusconsulta which are prudentie Ronszane) assigns this Senatusconsultuin
preserved: the Senatnsconsultum de Tiburtibnus, to the reign of Trajan. But it appears to belong
printed by Gruter and others, which is " inn- to the time of Hadrian, and to be the same S. C.
doubtedly the oldest of all Roman documents " wlhich allowed Civitates to take a legacy. (Ulp.
(Niebuhr, Roms. Ilist. vol. iii. p. 264, note 66); Frag. tit. 24.)
the Senatusconsultum de Bacchanalibus; the ARTICUJLEIANUAI gave the Praeses of a Province
Senatusconsultum ii the Letter of Cicero already jurisdiction in the case of fideicominissa libertas,
referred to; Cic. P/il.z). v. 13; Gellius, xv. 11; even when the heres did not belong to the Prothe six Senatusconsulta about the Roman Aque- vince. The heres could be compelled to give the
ducts in the second book of Frontinns de Aquae- libertas which was the subject of the fideicommisductibus; the Senatusconsultum about the Aphro- sumn. (MANusIrssIn; Dig. 40. tit. 5. s. 44, 51.)
disienses (Tacit. A-in. iii. 62; Tacit. Oberlin. ii. This Senatusconsultum. was enacted A. D. 101, in
1135); the oration of Claudins (Tacit. Ann. xi. 24; which year Sex. Articuleius Paetus was consul.
Tacit. Oberlin. ii. 806); the various Senatuscon- DE BACCHANALIBUs. This Senatusconsultulm.
sulta preserved in the Digest, which are mentioned which is sometimes called Marcianum, was passed
in a subsequent part of this article. See also the in the year a. c. 1116. The terms of it are stated
Senatusconsultum printed in Sigonius, "De Antiquo generally by Livy (xxxix. 18), and may be comJure Provinciarum," i. 288; and the Sctumn by pared with the original Senatusconsultum which is
which the name Aiugustus was given to the month printed in the edition of Livy by Drakenborch, and
Sextilis. (Macrob. &tscsrzsal. i. 12.) in that by J. Clericus, Amsterdam, 1710. There
The following list of Senatusconsulta contains is a dissertation on this Senatusconsultumn by
perhaps all of them which are distinguished by Bylnkershoek (De CultZu Relicgionis Persegicnae ai7ed
the name of aI consul or other distinctive name. Veteres Rozanzos, Op. i. 412), who has printed the
Numerous Sensatusconsulta under the Empire are Senatusconsultum and commented lipon it at some
referred to in the Latin writers, for which we find length. The provisions of this Senatusconsultum
no distinctive name, though it is probable that all are stated generally tinder DIONYSIA, p. 414, b.
of them ]ad a title like the Leges, but many of There is no ancient authority, as it appears, for the
them being of little importance were not much re- name Marcianlum, which has been given to it from
ferred to or cited, and thus their names were for- the name of one of thle Consuls who proposed it,
gotten. Tacitus, for instanIce, often speaks of S. C. and in accordance with the usual titles of S. C. in
withoust giving their names, and in some cases we the Imperial period. This Sctum n was found in
are able to affix thei titles from other authorities. A. D. 1640, in a village in Calabria, and is said to
Many of the Imperial Senatiusconseulta were merely be now at Vienna. (Senatusconsulti De Bacamendments of Leges; but they were laws in the chanalibus, &c. Explicatio, auctore Matthaeo Aeproper sense of the word. gyptio, Neapol. 1729.)
Some of the Senatusconsulta of the Republican CALVITIANUIs. (Ulpian, Frog. tit. xvi.; JUtlIA
period were laws, as already observed, but others ETr PAPIA POPPAEA LEX, p. 692, b.)
wvere only determinations of thle Senate, wvhich CLAUDIANUM passed in the time of the Emperor
became Leges by being carried in the comitis. Claudius, reduced a free woman to the condition of
Such S. C. were really only auctoritates. Onue a slave (ancilla) if she cohabited with the slave of
instance of this kindl occurred on the occasion of another person, after the master had given lier nothe trial of Clodius for violating the mysteries of tice that he would not permit it. But if a woman,
the 13ona Dea. A rogatio on the subject of the who was a Roman citizen, cohabited with a slave
t!ial wvas proposed to the Comitia ex Senatuscon- with the consent of the slave's master, she mligllt
stIlto (Cic. ad Aft. i. 14); which is also spoken of by agreement with the master remain free and yet
as the Asuctoritas of the Senate, and as " quod ab iany child born from this cohabitation would be at
Senatu Constitutum " (the words of Gaius, i. 4). slave; for the Senatusconsultumn made valid any
APIRONIANUM, probably enacted in the time of agreement between the free woman and the slave's
H-adrian, empowvered all Civitaltes which were master, and bv such agreement the wonman was re-withsin the Roman Imperiume to take a fideicom- lieved from the penalty of the Senauttusconsultum.
missa hereditas. This Senatusconmsltum is cited But Hadrian, being moved thereto by a considers.
l)y Ulpian (Frmag. tit. 22) without thle name, but tion of the hardship of the rase and the incongruity
it appears from comparing Ulpian with the Digest of this rule of law (inelegasmtia jaris), restored the
(36. tit. ]. s. 26) to be the Senatusconsultumn old rule of the Jus Gentium, according to which
Aproniamuln. A Senatusconsultunm also allowed the womnan continuing free was the mother of a
Civitates or Municipia, which were legally con- free child.