Delegation: The Power of Decision of the Consuls at Rome and Senatorial Procedures in the Second and First Centuries BCE

Abstract

The present study aims at elucidating two aspects of Roman governance: first of all, the overlooked, but relevant, power of decision of the consuls (and, in a minor degree, of the praetors); secondly, the relationship between magistrates and Senate. The sources, especially epigraphic senatus consulta, consistently describe a procedure through which the Senate voted to delegate fully or partially decision-making on specific matters of foreign affairs to a consul or praetor who was in Rome. This procedure is present in almost half of the decisions recorded in epigraphic senatus consulta, on a variety of matters throughout the second and first centuries. This procedure was characterised by the use of the formula ita utei ei e re publica fideque sua videbitur esse/videretur (found in both epigraphic and literary sources), which referred to the cultural and ideological connotation that addressed the relationship between the Senate and magistrates.