Senatus consultum ultimum
Encyclopedia
Senatus consultum ultimum ("Final decree of the Senate" or Final Act), more properly senatus consultum de re publica defendenda ("Decree of the Senate on defending the Republic") is the modern term (based on Caesar's
wording at Bel. Civ. 1.5) given to a decree of the Roman Senate
during the late Roman Republic
passed in times of emergency. The form was usually consules darent operam ne quid detrimenti res publica caperet or videant consules ne res publica detrimenti capiat ("let the consuls see to it that the state suffer no harm"). It was first passed during the fall from power of Gaius Gracchus
in 121 BC
, and subsequently at several other points, including during Lepidus'
march on Rome in 77 BC
, the Conspiracy of Catiline
in 63
, and when Julius Caesar
crossed the Rubicon
in 49
. The Senatus consultum ultimum effectively replaced the disused dictatorship
, by removing limitations on the magistrates' powers to preserve the State. After the rise of the Principate
, there was little need for the Senate to issue the decree again.
, when Marcus Tullius Cicero had men charged with complicity in the Conspiracy of Catiline, including the former consul
Publius Cornelius Lentulus Sura, executed without a trial. Cicero argued that, given the extraordinary danger of the crisis, the senatus consultum ultimum afforded him the power in that limited circumstance. Julius Caesar
and others argued that the consultum could not override the basic laws of the Roman state, that it meant merely that the Consuls should do their utmost within the framework of the Roman Constitution to resolve the emergency. While Cicero's actions were popular with the Roman public during the crisis, in 58
his political enemy Publius Clodius Pulcher
ordered his exile (through the Leges Clodiae
), which was only reversed later with the assistance of Pompey and others. The success of Clodius' plan to exile Cicero was motivated by enmity, not by constitutional concern, and does not settle the question about the legality of the Final Act.
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
wording at Bel. Civ. 1.5) given to a decree of the Roman Senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
during the late Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
passed in times of emergency. The form was usually consules darent operam ne quid detrimenti res publica caperet or videant consules ne res publica detrimenti capiat ("let the consuls see to it that the state suffer no harm"). It was first passed during the fall from power of Gaius Gracchus
Gaius Gracchus
Gaius Sempronius Gracchus was a Roman Populari politician in the 2nd century BC and brother of the ill-fated reformer Tiberius Sempronius Gracchus...
in 121 BC
121 BC
Year 121 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Opimius and Allobrogicus...
, and subsequently at several other points, including during Lepidus'
Marcus Aemilius Lepidus (120-77 BC)
Marcus Aemilius Lepidus was a Roman statesman. He was the father of the triumvir Marcus Aemilius Lepidus and of the consul of 50 BC Lucius Aemilius Lepidus Paullus.-Biography:...
march on Rome in 77 BC
77 BC
Year 77 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Brutus and Lepidus...
, the Conspiracy of Catiline
Catiline
Lucius Sergius Catilina , known in English as Catiline, was a Roman politician of the 1st century BC who is best known for the Catiline conspiracy, an attempt to overthrow the Roman Republic, and in particular the power of the aristocratic Senate.-Family background:Catiline was born in 108 BC to...
in 63
63 BC
Year 63 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Cicero and Hibrida...
, and when Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
crossed the Rubicon
Rubicon
The Rubicon is a shallow river in northeastern Italy, about 80 kilometres long, running from the Apennine Mountains to the Adriatic Sea through the southern Emilia-Romagna region, between the towns of Rimini and Cesena. The Latin word rubico comes from the adjective "rubeus", meaning "red"...
in 49
49 BC
Year 49 BC was a year of the pre-Julian Roman calendar. At the time, it was known as the Year of the Consulship of Lentulus and Marcellus...
. The Senatus consultum ultimum effectively replaced the disused dictatorship
Roman dictator
In the Roman Republic, the dictator , was an extraordinary magistrate with the absolute authority to perform tasks beyond the authority of the ordinary magistrate . The office of dictator was a legal innovation originally named Magister Populi , i.e...
, by removing limitations on the magistrates' powers to preserve the State. After the rise of the Principate
Principate
The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...
, there was little need for the Senate to issue the decree again.
Constitutional problem with the Senatus consultum ultimum
Implicit controversy, however, lay inherent in the brevity of the decree: it did not enumerate just how far-reaching those powers would be for consuls, and whether they overrode normal protections and liberties citizens enjoyed. This came to a head in 6363 BC
Year 63 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Cicero and Hibrida...
, when Marcus Tullius Cicero had men charged with complicity in the Conspiracy of Catiline, including the former consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
Publius Cornelius Lentulus Sura, executed without a trial. Cicero argued that, given the extraordinary danger of the crisis, the senatus consultum ultimum afforded him the power in that limited circumstance. Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
and others argued that the consultum could not override the basic laws of the Roman state, that it meant merely that the Consuls should do their utmost within the framework of the Roman Constitution to resolve the emergency. While Cicero's actions were popular with the Roman public during the crisis, in 58
58 BC
Year 58 BC was a year of the pre-Julian Roman calendar. At the time, it was known as the Year of the Consulship of Piso and Gabinius...
his political enemy Publius Clodius Pulcher
Publius Clodius Pulcher
Publius Clodius Pulcher was a Roman politician known for his popularist tactics...
ordered his exile (through the Leges Clodiae
Leges Clodiae
Leges Clodiae were a series of laws passed by the Plebeian Council of the Roman Republic under the tribune Publius Clodius Pulcher in 58 BC. Clodius was a member of the patrician family Claudius; the alternate spelling of his name is sometimes regarded as a political gesture...
), which was only reversed later with the assistance of Pompey and others. The success of Clodius' plan to exile Cicero was motivated by enmity, not by constitutional concern, and does not settle the question about the legality of the Final Act.