15-6. The Senate and Consulate under Theodoric
The Senate and the consulate, those two institutions with which the whole history of the past had been so intimately connected, especially engaged the attention of Theodoric. Ever since the time of Honorius, the part played by the Senate in the government of Italy had been growing more and more important. After the death of Libius Severus, it had asked Leo for an emperor; while both Augustulus and Odovacar had entrusted it with a similar mission to Zeno. In a well-known novel, Majorian may be found thanking the Senate for his election, and promising to govern according to its counsels; and when Antheinius was endeavouring to involve Ricimer in the struggle that was to end so fatally for himself, he leant for support upon the Curia. Examples such as these Shew that the Senate represented tradition; it was the single authority that remained unchanged through every vicissitude, and to it accordingly Theodoric at once made overtures. He entrusted a mission of considerable importance to two Senators, Festus and Faustus, the former of whom occupied the position of chief of the Senate; and on making his entry into Rome his first visit was to the Senate house.
In fact, to make use of a saying of his own, as recorded by his panegyrist, he adorned the crown of the Senate with countless flowers. He enrolled a few Goths among its members, but he only did this on rare occasions, for lie preferred, as a rule, to recruit the senatorial ranks from among the old aristocracy of the country. During his reign men became senators in three ways; they might either be coopted, or else selected from a list of candidates nominated by the king, or they obtained the rank because they had been advanced to some dignity which conferred the title of "illustrious." In Rome indeed the Senate at this time was the supreme power. In conjunction with the praefect, it had the control of the municipal police; it organised the games in the circus; and exercised authority over the city schools and working men's corporations.
Without abandoning any of its legislative power it assumed the functions of the Aediles; nor could a royal edict become law until it had received the senatorial sanction. The Varia of Cassiodorus are full of letters from Theodoric to the Senate. Indeed, he never made a nomination of any consequence, or filled up an important office, without immediately communicating the fact to the senators in the most deferential terms, and even soliciting their advice and approbation A great deal of this deference was no doubt a mere form, but to a certain extent it was also sincere. The king's respect could hardly have been altogether feigned, for he invariably addressed even those senators who held aloof from his government in a kindly manner. Festus, for instance, although he remained in Rome and never visited Ravenna, obtained the rank of Patrician, and received no less than four letters from Theodoric, all expressed in the most flattering terms; while Symmachus, another Patrician who refused to leave his native city, was favoured with a royal letter praising the buildings which he had erected.
In spite of these friendly relations, some opposition was aroused in the Curia by the question of the Arian schism; indeed towards the end of the king's reign, the behaviour of the senators over this matter even provoked against him the hostility of Byzantium. Not only was this opposition a source of serious trouble to Theodoric, but it rendered him suspicious and cruel, and caused him to act with great severity against some of the senatorial families, and several victims, among whom Boethius was the most illustrious, were executed by his command.
In the opinion of Theodoric, the consulship was as valuable as ever, though in reality it had lost a great deal of its former importance. As Justinian justly observes in an Authenticus, this office had originally been created to defend the State in time of war, but since the emperors had undertaken the business of fighting, the consulship had deteriorated into a means of distributing largess among the people. Under these circumstances, candidates for the office were not very numerous. Ennodius mentions the small number of aspirants for the consulship; while Marcian, in an official communication, expresses his indignation at the stinginess of the men holding this high office, and obliges them to contribute hundred pounds weight of gold, for the purpose of repairing the aqueducts. The consulship indeed at this period had degenerated into a mere name.
A formula of nomination, which has been preserved for us by Cassiodorus, merely recalls the fame of this magistracy in the past, and then goes on to point out that a consul's sole duty is to be magnanimous, and not to be sparing with his money. However, the consul has no more authority. "By the grace of God," the formula declares, "we govern, while your name dates the year. Your good fortune, indeed, is greater than that of the prince himself, for though endowed with the highest honours, you have been relieved of the burden of power." On the other hand, as if to make up for this loss of authority, the dress of a consul was sumptuous and magnificent; a spreading cloak hung from his shoulders; he carried a sceptre in his hand, and wore gilded shoes. In addition, he possessed the right of sitting in a curule chair, and was allowed to make the seven processions in triumph through Rome of which Justinian speaks in one of his novels.
Theodoric would have liked to restore the consulship to a somewhat more respected position. An eloquent letter on the subject of this magistracy was addressed by him to the Emperor Anastasius, and when Avicnus, the son of Faustus, became consul in 501, Ennodius, who shared the opinion of his master, wrote as follows: "If there are any ancient dignities which deserve respect, if to be remembered after death is to be regarded as a great happiness, if the foresight of our ancestors really created something so excellent that by it humanity can triumph over time, it is certainly the consulship, whose permanence has overcome old age, and put an end to annihilation." In his Panegyric, moreover, Ennodius praises Theodoric because, during his reign, "the number of consuls exceeded the number of candidates for the office in previous limes."
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