DEPARTMENT OF CLASSICS AND
ANCIENT HISTORY
UNIVERSITY OF SYDNEY
2014
THE TODD MEMORIAL LECTURES
were founded in 1944 in memory of
FREDERICK AUGUSTUS TODD
Professor of Latin in the
University of Sydney
from 1922 to 1944
Published by the Department of Classics and Ancient History,
University of Sydney
ISBN 978-1-74210-332-7
©Todd Memorial Lecture Committee, 2014
Publication of this lecture
is supported by a subsidy
from the Classical Association of NSW
Consensus and Community
in Republican Rome
Harriet I. Flower
Professor of Classics
Princeton University
The twentieth
Todd Memorial Lecture
delivered in the
University of Sydney
18 July 2013
DEPARTMENT OF CLASSICS AND
ANCIENT HISTORY
UNIVERSITY OF SYDNEY
2014
TODD MEMORIAL LECTURE
CONSENSUS AND COMMUNITY IN
REPUBLICAN ROME
Haec, patres conscripti, si vobis placent, statim signiicate simpliciter et
ex animi vestri sententia: sin displicent, aliam repertite sed hic intra templum
remedia, aut si ad cogitandum voltis sumere tempus fortasse laxsius, sumite,
dum quocumque loci vocati fueritis, propriam memineritis vobis dicendam
esse sententiam. Minime enim decorum est, patres conscripti, maiestati huius
ordinis hic unum tantummodo consulem designatum descriptam ex relatione
ad verbum dicere sententiam, ceteros unum verbum dicere “adsentior”,
deinde cum exierint “diximus”.
If this proposal meets with your approval, conscript fathers, give your
opinion immediately, openly and sincerely. If it does not, ind some other
remedy here within this consecrated space or, if perhaps you want more time
for relection at greater leisure, take it; provided, however, that wherever you
are summoned to meet, you will keep in mind that you are required to state
your own opinion. For it does not accord at all with the dignity of this order,
conscript fathers, that one person only, that is, the consul designate, should
express an opinion here, and that phrased in the exact words of the question
put by the consuls, while the rest of you utter the single phrase “I approve”
and then when you leave say: “We debated.”
The emperor Claudius speaking to the senate in the mid-irst century AD1
In this essay I am posing the following question: how should we
understand republican politics in ancient Rome?2 The Roman community was
administered under various forms of a republican government for about 450
years (from the late sixth to the irst centuries BC, according to tradition);
subsequently, nostalgia for a lost republican past was a feature of Roman
1
2
Papyrus with some restorations (which I have omitted here for the sake of this epigraph). See
Smallwood (1967) no. 367 = FIRA 1,44 = Bruns7 53.
I would like to acknowledge help and advice from the following: Jeremy Armstrong, Alastair
Blanshard, Samantha Brancatisano, Nicole Brown, Diana Burton, Michael Flower, Bryn
Ford, Maxine Lewis, Kit Morrell, Frances Muecke, Dan-el Padilla Peralta, Arthur Pomeroy,
Martin Stone, Jef Tatum, Matthew Trundle, and Kathryn Welch, as well as audiences at the
universities in Sydney, Wellington, Auckland and in the SPQR reading group at Princeton. All
errors naturally remain my own responsibility.
1
HARRIET I. FLOWER
2
literature throughout antiquity. Yet even the Romans themselves did not
begin to write descriptively or analytically about their republican ideals and
traditions until Cicero, in the 50s and 40s BC, who freely admitted that he
was living through an age of political crisis with little hope for the emergence
of a new and stable republicanism.3 The last thirty years have seen modern
scholars debate iercely about the nature of Roman republicanism.4 While
some, like Sir Ronald Syme, maintained that “the Roman Republic” was really
an oligarchy (in other words, a system controlled by a powerful few), more
recently, Sir Fergus Millar has argued forcefully for a fuller appreciation of the
more democratic features of Roman political life.5 Over many generations,
ancient Romans practiced and celebrated political habits of deliberation,
consultation, voting, and public spectacle shared by the community.
This paper explores some implications and potential for reading Roman
republicanism (from the 4th to the 1st centuries BC) in terms of “consensus”
within a traditional city-state.
A generation of debate amongst modern scholars about the nature of
Roman republicanism has now produced something of a stalemate, marked
by limited dialogue, some misrepresentation, and a degree of personal
animosity.6 The resulting lack of progress is characterized by a discourse
that has become increasingly circumscribed within national boundaries and
educational systems. As part of this debate, the term “consensus” has been
put forward, especially by leading historians writing in German, including
Egon Flaig and Karl Hölkeskamp, as well as by emerging scholars such as
3
4
5
6
Cicero’s political writings include most notably the De republica (set in 129 BC, written 54-51
BC) and the De legibus (in a contemporary setting, begun in 52 BC but uninished at Cicero’s
death). In other words, both these projects were conceived in the very turbulent times of the
late 50s BC. For an overall discussion, see Connolly (2007).
For the debate about the nature of Roman politics, see Jehne (1995), Millar (1998) and
(2002), Mouritsen (2001), Flaig (2003), Hölkeskamp (2004) and (2010), Beck (2005),
especially 18 with n. 30, and Jehne (2006). For overviews see especially Hillard (2005) and
North (2006), 273-275.
Syme (1939) 15: “The Roman constitution was a screen and a sham” as opposed to Millar
(1998) 215 about the crowd in the forum: “it itself was the sovereign body and as such
exercised the legislative powers of the populus Romanus.”
See Jehne in the introduction to his 1995 edited collection of essays with Hölkeskamp (2010)
98-124 on consensus and consent. Crawford (2011) is a detailed review of Hölkeskamp (2010).
Flower (2007) reviews the earlier German version of Hölkeskamp’s book. Beck (2005) 22-30
on the role of the people is especially useful and clear.
TODD MEMORIAL LECTURE
Jan Timmer and Christoph Lundgreen.7 However, the semantic ield of
“consensus” (which is not in fact exactly the same in English as its modern
German equivalent Konsens8) has not been thoroughly explored, especially
within the context of a pre-modern society.
The American Heritage Dictionary (5th edition, 2011) gives the following
deinition for “consensus”: “An opinion or position reached by a group as
a whole; general agreement or accord”. The Oxford English Dictionary (2nd
edition, 1989) says “general agreement”. Consensus is not a simple concept
to comprehend, especially from our rather particular modern point of view.
Diferent groups today use the term quite diferently in accordance with their
own past experiences and objectives. Meanwhile, research on the sociology
of science has also produced interesting results about how consensus about
issues of common interest emerges, both within the scientiic community
and amongst the general public.9 For example, how did scientists and others
come to accept that smoking causes cancer? The answer to this question is
neither logical nor straightforward.
The original version of this lecture was delivered before I had access to
Egon Flaig’s sweeping new cross-cultural study of majority rule.10 Flaig has
much to say about consensus, including two chapters about ancient Rome.
Ultimately, as in his earlier work, he consistently interprets “consensus” in
its various manifestations as a way for an aristocracy or oligarchy to control
public opinion and political decision-making, through a complex combination
of intervention and image making. His model is based on the (a priori)
assumption that ordinary Roman voters never had actual preferences or
7
For varying concepts of consensus, see Jehne (2001) (a climate of consensus), Flaig (2003),
Timmer (2008) 320-321 (cf. 2009), Hölkeskamp (2010) and Lundgreen (2011) 259-273 on the
“metarule” of Roman politics.
8
“Konsens” in German was a term adopted from Latin in the ifteenth century. It is deined
as “Übereinstimmung der Meinung, Einigkeit, Einmütigkeit”. Older meanings include
“Zustimmung” and “Erlaubnis.” In other words, over time this term has changed its meaning
to suggest something much closer to “unanimity,” rather than simple assent or willingness to
agree to a proposal. As in other cases, it is easy to miss the nuances in the meaning of words
in various modern languages that all come from the same Latin root: the words look the same
but are used diferently according to the development of each language in its own cultural
context.
9
See Shwed and Bearman (2010) for a succinct introduction to this ield. Flaig (2013) 41-42
points out that experts never use voting to reach consensus. Surowiecki (2005) discusses the
so-called “wisdom of the crowds”.
10 Flaig (2013) especially 353-383.
3
HARRIET I. FLOWER
4
political opinions of their own, even about issues that afected them or
candidates for oice whom they knew personally. In other words, his version
of a particularly Roman form of consensus is based on powerful patronage
networks that enabled the political élite to control the vote through inluence
and favors. Meanwhile, he makes a passionate and well-argued plea for
majority rule in contemporary politics in Europe, which he sees as under
threat from other political practices, including consensus.
The theoretical framework cited most frequently by these German
scholars is that provided by the Italian political theorist Giovanni Sartori
(publishing from the 1950s onwards), whose main ield of research was
post-war twentieth century democracy.11 It should be clear at the outset,
however, that Rome was neither a fully-ledged nation state nor a modern
parliamentary democracy. Consequently, a theory of consensus politics built
upon an analysis of twentieth century liberal democracies is not an obviously
useful paradigm for explaining an ancient political community.
In other words, “consensus” seems an interesting term but one that has
not been fully deined or explained in existing treatments of Roman politics.
Consequently, it can seem either obscure (since it is not much used as a
concept in contemporary political theory today) or frankly simplistic (if it is
deployed as little more than a synonym for oligarchy). From the point of view
of modern political theorists, consensus practices appear unwieldy (except in
very small communities) and essentially unworkable. As a result, “consensus”
can easily be viewed as no more than a façade for a system manipulated by
a political or religious élite.
Outside the political practices of modern nation states, however,
consensus is being invoked as a practical way of reaching decisions in a
variety of current handbooks and discussions, especially in either religious
contexts or in business settings. These applications are not overtly political,
but ofer examples of small(er) scale communities of interest, who are working
to shape their own individual decision-making cultures based on explicitly
shared values and objectives. If we are to (re)deine what consensus could
or did mean to the Romans, we should explore this concept in more detail
and in terms that are (at least in some way) more applicable to the political
landscape of the ancient Roman city-state.
11
See Sartori (1987) 30-31, 86-92, 102-103, 290-291 with Timmer (2008) 281-284 and especially
Lundgreen (2011) 277-285.
TODD MEMORIAL LECTURE
Business Models
For most practitioners “consensus” does not mean simple “unanimity”,
which is to say everyone agreeing to a proposal in the same way and without
any reservations. A popular recent description from a business setting is:
“Consensus has been achieved when every person involved in the decision can
say: ‘I believe this is the best decision we can arrive at for the organization at this
time, and I will support its implementation.’” (Dressler 2006, 4)
In other words, creating consensus involves consulting and deliberating
within the group (a wide array of methods are described as having been
successfully used) until a decision is reached that all can assent to and
support with a view to furthering the shared aims of the whole group.12
The result will inevitably not be everyone’s irst choice, but will nevertheless
be accepted and embraced by all. Unity and solidarity are the goal rather
than an idealized and rarely attainable unanimity.13 Major companies using
consensus-based decision-making have included such leading corporations
as Mitsubishi, Nissan, and Starbucks.14
Attacks on consensus based methods, including in high-proile venues
such as Forbes magazine, also attest to their use in a variety of corporate
settings.15 These critiques usually advocate for a model of strong top-down
leadership, further indicating that the consultative method is actually being
practiced elsewhere. Criticisms and alternative suggestions clearly show
that in contemporary business contexts consensus based decision-making
is deinitely not described as being either a top-down model or a system
controlled by an oligarchy consisting of an inner circle of inluential decisionmakers.
12
For applications of consensus, see Saint and Lawson (1994), Susskind, McKearnan and
Thomas-Larmer (1999) (over 1000 pages of instructions!), and Dressler (2006) (a succinct
and practical introduction). Covey (2007) (which has sold over 25 million copies in 40
languages) contains some similar ideas. http://www.seedsforchange.org.uk/ is an example
of a website that ofers practical advice on using consensus at a grassroots level in local
neighborhoods and organizations.
13
Dressler (2006) 7-11 presents four alternatives to consensus, namely: a spontaneously
unanimous vote (rare); a majority vote; a compromise; or deferring to a leader. For a diferent
perspective, see Flaig (2013) 41-51.
14 Dressler (2006) 13 mentions the following companies: Mitsubishi, Nissan, Saturn, Levi Strauss
and Starbucks.
15 See, for example, Keld Jensen “Consensus is Poison! Who’s with me?” (Forbes 5/20/2013)
http://onforb.es/Z8RjWN.
5
6
HARRIET I. FLOWER
Within the contemporary literature about such business practices, the
most commonly cited elements of consensus systems include the following
(this list is my synthesis):
– High-commitment decisions are reached through accepted, consultative
methods on important issues.
– A shared set of values and goals is an explicit pre-condition within the
group.
– Members need to understand and to participate actively in the process of
seeking consensus as an objective in its own right (beyond any particular
issue or personal consideration).
– Disagreements and opposing points of view are openly solicited and
addressed in designated settings.
– Deliberations can and will be time consuming but payofs are (perceived as
being) high when everyone commits to the outcome, which can then be
implemented more efectively (and often faster).
– Consensus diferentiates itself deliberately from either a majority vote
system (as used by parliamentary democracies with two party systems)
or a system of proportional representation (with close articulation of
diferences and many sub-groups that make alliances to form a coalition
government).
– Consensus, therefore, seeks explicitly to avoid compromises, trade-ofs,
coalitions, or lobbying groups.
– As suggested by these precepts, the basis of consensus is often the
understanding that decisions or policies can and will be revisited because
a future consensus may suggest a new course in diferent circumstances.
– Each of these features has some possible parallels in Roman politics, as I
will go on to suggest in the rest of this paper.
Quakers and Popes
In contrast to contemporary, business or scientiic settings, consensus
has historically been especially associated with religious communities, perhaps
most famously with the Quakers (Religious Society of Friends), a Christian
denomination that has its origins in mid-17th century England, at a time
when the word “consensus” itself came into common usage in the English
language.16 It should be noted, however, that the Quakers themselves do
16
For general bibliography on Quakers (Religious Society of Friends), see Pink Dandelion (2007)
and (2008).
TODD MEMORIAL LECTURE
not call their vote-less system of decision-making a process of “consensus”
(a term they explicitly reject) but rather of “discernment”.17 That is to say,
they see themselves as guided by divine inspiration to “discern” (discover)
God’s will rather than to discuss their own individual opinions or preferences.
They do this in face-to-face meetings that often include extensive periods
of silence.
One of the four basic theological ideas shared by all Quakers, according
to Pink Dandelion, is “a vote-less way of doing church business based on
the idea of corporate direct guidance”.18 Other related terms important
to Quakers include “unity” (rather than “unanimity”) and “concord”. Their
example provides a useful reminder that, within a traditional setting, the idea
of divine guidance or assent may play a vital role that is usually missing in the
way we describe and analyze political decision-making in secular contexts.
Quakers have been critical of democracy in general and the casting of ballots
in particular as being contrary to a process of discernment that produces
a “decision” (known as the “sense of the meeting”) that is endorsed by a
non-hierarchical community of believers, each of whom has equal access
to divine inspiration.19 In a traditional community, the high costs of timeconsumingdeliberation(s) and airmation(s), including their restatement of
shared values and practices, are attractive in themselves.
An interesting comparison and contrast presents itself between this voteless method of seeking “unity” in a Quaker meeting and the frequent balloting
used by the cardinals of the Roman Catholic Church to choose a new pope.20
17
For the concept of discernment (rather than consensus), Sheeran (1996) remains the classic
treatment, written by an outsider (a Jesuit priest). For a practical approach, see Fendall, Wood
and Bishop (2007). Mitchell (2006) gives a concise history of the practice, which he terms a
kind of “radical democracy”, including a case study of the New England Monthly Meetings of
Friends.
18 Dandelion’s (2008, 2) other three basic theological principles shared by all Quakers are: the
centrality of a direct inward encounter with God; the spiritual equality of all in the community;
and a strong preference for paciism and peace.
19 Mitchell (2006) n. 3 notes that Quakers avoid terms such as “democracy”, “voting” and “veto”
and sometimes even “agreement”. Quakers reject adversarial systems of political decision
making, such as Roberts’ Rules of Order. For the “sense of the meeting” (often opposed to
“consensus”), see Morley (1993) and Birkel (2010).
20 For the elaborate rules and customs used in a papal conclave, see Burkle-Young (1999)
and Baumgartner (2003). For an analysis of the balloting in political terms, see Colomer and
McLean (1998).
7
HARRIET I. FLOWER
8
Before the papal conclave, which takes place in secret and behind locked
doors, the cardinals hear a series of speeches about the issues facing the
community of believers, speeches that feature the leading igures who are
potential candidates to become the next bishop of Rome. Once in conclave,
each full day includes a possible four ballots (two in the morning, two in the
afternoon). The ballots are written on paper and placed by each elector in
person in urns at the front of the Sistine Chapel in a voting system not unlike
that used by the Romans in antiquity (after the introduction of the secret
ballot). Each round of balloting is advertised by the burning of the ballots to
produce either white smoke (if a new pope has been chosen) or black smoke
(if no result has been reached), so that those outside the conclave can follow
the number of rounds of voting and the results of each one.
In other words, most of the time is taken up with a ceremonial system of
voting over and over again until a “supermajority” of at least 75% is reached.
Usually more than the minimum three-quarters will end up supporting the
chosen candidate, as momentum builds through successive rounds of voting.
In recent elections, this system has operated eiciently and in a timely manner,
but has produced results that were not necessarily predictable by journalists
and pundits used to forecasting the results of more “democratic” elections.
In March 2013 few predicted that Jorge Maria Bergoglio would be chosen
to be the next pope, despite (or perhaps because of) the fact that he had
apparently come in second in the previous election in 2005.21 Actually odds
against him were running at 30:1. The speech he made in the meetings
leading up to the conclave was very well-received but only lasted three and a
half minutes. It was during the process of repeated voting, by the ifth ballot
on the evening of the second day, that the future Pope Francis received 90
of 115 possible votes. In other words, the process of listening to speeches
about issues, followed by the repeated voting, created an impressive but
unexpected consensus within a short time. The largely silent and vote-less
decisions of the Quakers and the multiple balloting of the cardinals are both
systems designed to produce a result owned by their respective communities
and perceived as being in harmony with divine will.
21
For the election of Pope Francis in March 2013, see Vallely (2013) 149-170 with an explanation
of how events unfolded.
22 For an introduction to Roman religion, see Beard, North and Price (1998), Scheid (2003), and
Rüpke (2007).
23 Scheid (2003) interprets the gods as fellow citizens, but of diferent rank and inluence.
TODD MEMORIAL LECTURE
Similar patterns of assent, consent, and collaboration can be identiied in
practices traditional within the Roman republican community. Roman culture
placed less stress on the individual and his personal self-realization than we
do. Rather, individual Romans found fulillment and lived their lives within the
traditional context of family and community. Voting in the assemblies always
took place within a voting unit rather than by the one-man-one-vote system
(such as was used in ancient Athens). Endorsing the community’s choices
therefore will have had a diferent signiicance and range of incentives than
for a modern voter in a liberal democratic nation state. Without political parties
or articulated policy platforms or deined ideological camps, the stress fell on
the community as a whole, whether for those who sought recognition as
leaders or for others who played the role of ordinary citizens. Consequently,
both individual and group identity looked particularly Roman. Meanwhile, the
gods also had a vital part assigned to them and their assent was directly and
repeatedly sought at various stages of the political process.
I will go on to discuss Roman practices that seem to contain elements of
“consensus”. Three general areas will be discussed below; I will speak irst
about religious and political identity, then move on to voting and the veto, and
inally look at deliberative practices.
Religion and Politics at Rome
It is not an easy matter to elucidate the precise role played by the gods
in Roman political life.22 Many scholars who set out to analyze the workings
of Roman government have tended to leave the religious aspect to one side
or to subsume it (without further discussion) under the category of life in
general. By contrast, John Scheid has argued that within the ancient citystate the gods were treated as fellow citizens.23 The image of the (specially
inluential) fellow citizen is useful in suggesting the role of the gods, who are
addressed in prayer and must assent with auspices at the beginning of every
political meeting in order for anything to happen at all. In Rome the gods
could also interrupt with omens or signs during an assembly, an intervention
that usually stopped business for the day.24 From early times, the comitia
24
Interrupting because of unfavorable signs from the gods is called obnuntiatio. See Beard,
North and Price (1998) 110 and Rüpke (2012) 123. Rüpke (2008) 1450 sees divination as
another means towards fashioning consensus.
9
10
HARRIET I. FLOWER
curiata, a special assembly organized by archaic voting units that bestowed
formal oicial power (imperium) on the highest magistrates, featured a inal
consultation with Jupiter at the very end, after a magistrate had been both
elected and conirmed in oice.25 Without being inaugurated and receiving
his auspices from this assembly, a magistrate had no recognized political or
military role. Consequently, Jupiter had a veto assigned to him and the whole
process began and ended with the assent of the gods. It is notable that
religious obstruction became an increasingly prominent feature of Roman
politics, especially in the irst century BC.26 Meanwhile, Roman poets regularly
imagined their gods sitting in council together, not only in imitation of Greek
epics but also in a context with profound cultural resonance for their own
community.
This Roman political system, although it does not coincide in a precise
way with the Quaker search for discernment, nevertheless has a deeply
religious aspect that is absent from secular consensus practices. Romans
consulted the gods at each stage, essentially giving them veto power, but,
interestingly, without simply deferring every decision to them. The somewhat
limited use of the drawing of lots (sortitio) in Roman politics conirms this
general impression, since lots were used by many in antiquity (including by
early Christians) to discover the divine will.27 Romans sought to express
their own opinions as citizens, as long as the gods assented, both to the
political process in general and to the particular content of each decision.
The fact that the gods (especially Jupiter) were consulted repeatedly at each
stage also indicates that a change of endorsement on their part was at least
envisioned as a possibility. In this way, the auspices and the system of divine
signs known as prodigies mirrored the pattern of repeated consultations with
diferent voting units or deliberative councils used by the mortal citizens.
Consensus was prepared for, aimed at, and veriied yet again at the end
within the community of citizens and between that community and its gods.
25
Humm (2012) opens a fresh approach to discussing the comitia curiata and its role in Roman
politics.
26 The classic example of later republican religious obstruction is Bibulus in 59 BC. For an
overview of the whole period in its religious context, see Beard, North and Price (1998) 114166.
27 For the lot (sortitio), see Cicero Att. 1.19.2-3 with Rosenstein (1995) and Lundgreen (2011).
TODD MEMORIAL LECTURE
Roman republican politics, it has been argued, was characterized by a
high degree of consensus about the basic rules of the political game.28 It was
this social contract that enabled a republican city-state led by an elected
oice-holding élite to maintain a stable internal government, while thriving in
and coming to dominate an increasingly complex and aggressive international
landscape of war and diplomacy. No modern historian is likely to dispute this
basic picture. It is important to note, however, that any functional political
system can and must include a high degree of agreement about how the
political rules and practices work on an everyday basis. In this way, a Greek
tyrant may have been a popular igure who is accepted by the majority of
the people in his community as a charismatic leader whom all look up to. But
a political theorist would not call tyranny a system of consensus politics. In
other words, it is crucial that we distinguish between diferent ways of talking
about political consensus that are both understandable and useful so that
we can have a clearer conversation about what (we think that) the Romans
were doing.
The names the Romans chose for their community were SPQR (senatus
populusque Romanus = the senate and the Roman people) and res publica
populi Romani ( = the public thing of the Roman people). The irst phrase
describes the community in terms of its designated constituents: the
advisory body (composed of former magistrates, priests, and other leading
citizens) and the citizen body as a whole (the populus would actually have
included the senators). The politically or socially prominent are named irst
but as a group and in their capacity as “advisers” rather than as executives.
In other words, it is not the magistrates and the people but the senate and
the citizens as a group. The senate gave advice to magistrates but also (and
at the same time) to the whole citizen body. Meanwhile, the res publica (the
political sphere) was described speciically in terms of openness and sharing
between all citizens. This description (by deinition opposed to a monarchy
or oligarchy) is, however, deliberately vague and means something like
“politics in the open and belonging to all” rather than being more distinctly
descriptive of a particular system of government. Politics at Rome comprised
28
According to Steel (2013) 51 n. 27 the current consensus model proposes that “free choice
between limited options conirmed the status quo of narrow aristocratic government enacting
the importance of the people.” For examples, see Beck (2005) 10-11 and 28 and Lundgreen
(2011) 280-284.
11
12
HARRIET I. FLOWER
the life of the community itself, under the non-binding but highly inluential
moral leadership of the senators, with its culture of public deliberation and
dissemination of information (such as the public calendar or written law code
or public speeches).
Voting and the Veto
A particular feature of Roman politics was the frequent voting in a variety
of diferent assemblies, to elect magistrates or to vote on legislation and
policy.29 Voting took place in units that were tribal or based on army rank
or other group identities (curiae). Roman voting rituals were elaborate and
time consuming; an assembly might last most of the day, especially for an
election in which a variety of candidates received support. As far as we can
tell from our evidence, many elections for higher oices seem to have been
hotly contested.30 All oices (other than censor) were annual, with the result
that the political rituals were integrated into the yearly cycle of life in the
city. Every year was an election year in Rome. In other words, the same
kinds of people (those able and willing to attend the voting assemblies in
Rome) voted often but in diferent conigurations and settings. Diferent
assemblies drew on distinct identities depending on the task at hand and
followed their own speciic voting procedures. Through the voting of all the
relevant units, the citizen body as a whole was represented at each casting
of ballots. Variations of this system endured for centuries. During the decade
of the 130s BC the secret ballot was introduced to all voting situations and
subsequent reforms soon aimed to bolster the privacy of the individual
voter.31 In this way, the voting assemblies stressed group identity, without
losing sight of the individual ballot and its expression of consent or dissent.
In the announcing of the results, the community was described as
having come together behind a single choice (yes or no) or a single slate
of magistrates (one for each oice). There was, therefore, little room to
29
For voting assemblies and their procedures, see Taylor (1966), Lintott (1999) 40-64, Hollard
(2010), and Brennan (2014) with a useful summary chart.
30 See Yakobson (1999), and Feig Vishnia (2012) who re-examines the evidence for Cicero’s time.
Beck (2005) ofers an invaluable reassessment of the cursus honorum and the development
of political careers through repeated election to high oice.
31 For the secret ballot, see Jehne (1993). Lundgreen (2009) gives a convenient recent overview
that argues the secret ballot made little diference. By contrast, Flower (2010) 72-5 presents
the change in voting procedures as a watershed in Roman politics. See also Crawford (2011)
110: “I would hazard the hypothesis that the initial support of Aemilianus for the secret ballot
was precisely that it would serve to conceal an incipient breakdown of consensus.”
TODD MEMORIAL LECTURE
recognize minority views or to measure a close election. All the defeated
candidates were put in the same category and would reappear as “old
candidates” (veteres candidati), if they chose to run for oice again.32 Every
choice represented simply the will of the community with an emphasis on
unity and airmation, always within an explicitly religious framework. A
magistrate presided over the election of his successors in oice or proposed
a new law. It was his role to orchestrate the whole undertaking: from taking
the auspices and accepting the candidates or reading the proposal (rogatio),
to announcing a result after due procedure had been observed and veriied.
Obviously, tampering or procedural errors could occur, but that is the case in
any system of voting. There is every indication that Romans took their voting
assemblies seriously and that many might attend when an important law was
being proposed.33 Much discussion, whether in a public meeting (contio) or
in more informal settings, would precede the day of the voting. Such testing
of the waters could cause a bill to be withdrawn or a candidate to give up in
favor of trying again another year.
Moreover, there are so many aspects we are only partially informed about.
Perhaps most importantly, we simply do not know how often an assembly
voted “no” on a piece of legislation. Not surprisingly, ancient writers are mainly
concerned to record legislation that became law rather than initiatives that
failed. A few examples show that the voters could and sometimes did reject
a bill or a decision to go to war.34 At the same time, the regular contesting of
elections and the lively competition between élite candidates for high oice
shows that Roman voters were fully accustomed to making choices with
their ballots every year. Some have described voting in legislative assemblies
as little more than a rubber stamp or automatic endorsement.35 Yet, if
elections for magisterial oice were often too close to call beforehand (as
32
33
Pina Polo (2012) builds on earlier research but proposes a new synthesis.
Attendance at voting assemblies was famously low, for a whole variety of logistical reasons.
See Flower (2013) for the issue of voters from outside Rome being mobilized for key issues.
34 We only have 10 recorded examples of rejections in the voting assemblies. These are
discussed by Flaig (2003) 175-180. For the (limited) ancient sources, see Livy 5.30.7, 5.55.2,
6,39.2; 8,37.11, 27.21.4, 31.6-8.2; Livy Periochae 49; Cicero de Amicitia 96 (two examples); and
Cicero de Oiciis 2.73.
35 See Flaig (1995) and (2003) with Timmer (2008) 295-317 for arguments in favor of the
assemblies as formal endorsements of decisions made in other venues.
13
14
HARRIET I. FLOWER
much ancient evidence indicates), then why would other voting situations be
completely predetermined? Indeed the introduction of the secret ballot (in
the 130s BC) in itself, as well as the elaborate laws designed to limit bribery
and corruption (ambitus), suggest that voting was not centrally or locally
rigged in a way that was completely predictable or expected.36 Why pay
money for a vote that could be secured without cost?
To get to the heart of the matter, given the rotation of oices within a
political élite that was always open to newcomers or to those who aimed
to outdo men in their families who had held oice before, elections could
only function efectively and authoritatively if they were not predetermined.
It was the speciic role of the voters to choose between candidates who
were mostly well qualiied and highly motivated, candidates who competed
on the basis of merit and worth as measured by a complex combination of
prestige, status, achievement, and character within a traditional system of
Roman values.37
A number of observations about Roman voting assemblies, therefore,
reveal patterns typically found in consensus systems. These elaborate and
time consuming rituals of airmation and endorsement have too often
been seen either as cumbersome and archaic (no longer relections of the
community’s needs) or as elaborate ways for the political élites to make the
people think they were participating in decisions that were actually being
made for them behind closed doors. Consequently, modern scholars have
often asked the question “where (or by whom) were political decisions
really being made?”38 This question is simply less relevant in the context of
a deliberative system based on consensus. That is to say, the how of the
process itself should be appreciated more fully as an integral part of the
political system and of the policies it tended to espouse.
36
For the secret ballot and bribery, see Jehne (1993) and Lundgreen (2009). Flaig (2013) 363
argues that the practice of bribery presupposes voters without articulated political preferences
of their own.
37 It should be noted that all sides in the long debate over the character of Roman politics stress
the fact that the voters did decide between élite candidates. See, for example, Millar (1998)
203 and Beck (2005) 27-28.
38 Flaig (2013) 366-371 neatly sums up the position that argues decisions were not made in
the voting assemblies. Voting, therefore, was a ritual of airmation (according to this way of
thinking).
TODD MEMORIAL LECTURE
Even for a Roman from one of the well-established political families, it
was not necessarily an easy matter to win an election, to pass a law, to start
a war, or to make peace. The meritocratic system that created and sustained
Rome’s oice-holding political élite (nobiles) from generation to generation
put remarkable pressure on politicians to perform and to compete in the
eyes of fellow citizens across a wide range of competencies. A variety of
constituents needed to be seen publicly to sign on to a choice. Meanwhile,
that choice needed to appear to be in harmony with traditional values (mos
maiorum) and to be broadly popular within the Roman context.39 At the same
time, powerful forces consistently supported the status quo of the day and
did not ascribe special cultural value to innovation or to individualism.
It is implausible, therefore, to argue either that the voters in the assemblies
must always have agreed with any proposal or that such a postulated rubber
stamp could be said to constitute a form of “consensus”. A proposal could
and often was irst presented and given a “test drive” in a public meeting
(contio).40 Nevertheless, only a small segment of voters could come to
such meetings. They did not fully represent those who would be present to
vote on the day of the assembly. An endorsement in a public meeting could,
therefore, only ever be partial. Indeed the enthusiastic reception of a political
speech might be staged much more easily than the outcome of the actual
vote itself. In this sense, public speeches may often have been more like
advertisements and could be counteracted by negative publicity of various
sorts, most obviously in rival public meetings that presented an opposing point
of view, perhaps before an equally enthusiastic crowd. Moreover, the larger
and more diverse the citizen body became over time, the less predictable the
exact composition of the crowd of voters on any given day would have been.
Meanwhile, Roman politics was shaped in decisive ways by the possibility
for initiatives to be halted at almost any point by a veto, either from one of
the ten tribunes of the plebs or from one of the senior magistrates or from
the gods.41 Such a feature is also to be found in many consensus systems.
39
40
For the mos maiorum, see conveniently the essays collected in Linke and Stemmler (2000).
For the contio, see Morstein-Marx (2004), Flaig (2013) 369-371, and Steel and van der Blom
(2013).
41 For the veto, see de Libero (1992) and Lintott (1999) 32-33, 45-46, 84-85, 122-123. For issues
surrounding the notorious veto of Octavius in 133 BC, See Badian (1972) and Linderski (2002).
15
16
HARRIET I. FLOWER
It is hard to say how often a veto was actually employed in Rome, but the
threat of a veto was always real. In practice this meant that political initiatives
needed to have widespread support amongst the magistrates in oice that
year, and within their various constituencies. Obvious anomalies or breaches
of form would simply be stopped short by a veto: no declared reason was
needed and no appeal (other than a purely personal one) was part of the
traditional system. Only the magistrate in question could withdraw his veto;
no one else had the legal right to overrule him. Consensus systems typically
deploy signiicant veto power (or other ways to obstruct business) in order to
prevent controversial or divisive initiatives from gaining ground or even from
being proposed.42 At the most basic level (such as in a Quaker meeting) every
participant can potentially prevent an initiative.43 In practice, the deliberative
process will explore and address individual or minority concerns in order to
create a sense of collective purpose, while clearly acknowledging that the
outcome may not be everyone’s irst choice.
The brief tenure of one year in oice in Rome, combined with the pressure
to achieve a result that could enhance a man’s overall standing and future
career prospects, will have further encouraged Roman magistrates to seek
a broad consensus amongst their peers before proceeding with an initiative.
There were few second chances within a single year in oice. According to
Plutarch, Gaius Laelius (consul 140 BC) gained for himself the cognomen
Sapiens (“the wise man” or perhaps “wise guy”) after he withdrew an
initiative for land reform.44 Meanwhile, angry scenes in front of hostile crowds
and insults shouted in the theater or the forum made a man look less like
a leader within the context of the Roman community. In Rome, leadership
meant creating and maintaining a sense of cohesion and decorum within the
community even in the face of genuine diferences of opinion, a vigorous
culture of debate, and the unforeseen challenges of everyday life.
42
43
For the role of the veto within a consensus system, see Sheeran (1996) and Flaig (2013) 31-51.
Mitchell (2006) 5: “Actual vetoes, or in Quaker jargon ‘inability to unite with a proposal’, are
vanishingly rare. It is considered tactless and pointless to propose a sense of the meeting that
obviously contravenes someone’s wishes.”
44 For Gaius Laelius (RE 3), see Plutarch TGracch. 8 with Astin (1967) 81, 307-310. Some have
questioned the historicity of this explanation, but it can still be used as evidence for a Roman
mindset.
TODD MEMORIAL LECTURE
Roman Consensus
If consensus politics was as important as I am claiming, then we might
expect to ind this situation relected in a language of consensus in Latin.45
While not developed in a theoretical or analytical sense, a vocabulary of
consensus can certainly be identiied in a number of well-known instances. I
will cite just two obvious examples that are almost 250 years apart. The irst
is in the wording of an epitaph for Lucius Cornelius Scipio (consul of 259 BC)
from the tomb of the Scipios on the Via Appia near Rome.46
L. Cornelio(s) L.f. Scipio aidiles cosol cesor
honc oino ploirume cosentiont R[omane or Romai]
duonoro optumo fuise viro…
Lucius Cornelius, son of Lucius, Scipio, aedile, consul,
censor,most Romans/at Rome agree that this one man was the best of the good
men…
The connection of this sentiment of excellence with public opinion was
not unique to this epitaph at this time period but relected a robust ideal of
community consensus. Prestige was clearly and explicitly linked with public
recognition.
The second example is contained in one of the most important and
discussed passages of Augustus’ account of his political achievements (Res
Gestae Divi Augusti), which he inished shortly before his death in AD 14.47 In
this highly selective and carefully crafted self-portrait published all over the
empire soon after his death the irst princeps uses a concept of consensus
to describe and to justify his position of supreme power in Rome after his
victory at the battle of Actium over Antony and Cleopatra in 31 BC.
In consulate sexto et septimo, postquam bella civilia exstinxeram, per consensum
universorum potens rerum omnium, rem publicam ex mea potestate in senatus
populique Romani arbitrium transtuli. (RGDA 34.1)
45
For consentio and consensus in Latin, see the entries in the TLL for an abundance of
passsages. Livy 29.14.8 describes the interesting and mysterious example of the apparently
harmonious choice of the young Scipio Nasica as optimus vir.
46 L. Cornelius Scipio (RE 323): CIL 12 8-9 = ILLRP 310 = ILS 1 and 2. For discussion, see Flower
(1996) 160-80. Etcheto (2012) gives a diferent interpretation.
47 For the Res Gestae Divi Augusti, see Scheid (2007) and Cooley (2009). Scheid (2007) 86:
“le consensus universorum constituera l’un des fondements du pouvoir imperial, et pour ainsi
dire sa seule légitimité.”
17
18
HARRIET I. FLOWER
In my sixth and seventh consulships, after I had extinguished civil wars, by
everyone’s agreement having power over everything, I transferred the state from
my power to the control of the senate and Roman people.
ἐν ὑπατείαι ἕκτηι καὶ ἑβδόμηι μετὰ τὸ τοὺς ἐνφυλίους ζβέσαι με πολέμους [κ]ατὰ
τὰς εὐχᾶς τῶν ἐμῶν πολε[ι]τῶν ἐνκρατὴς γένομενος πάντων τῶν πραγμάτων, ἐκ
τῆς ἐμῆς ἐξουσίας εἰς τὴν τῆς συνκλήτου καὶ τοῦ δήμου τῶν ῾Ρωμαίων μετήνεγκα
κυριήαν.
In my sixth and seventh consulships, after I had extinguished the civil wars, I had
come to be in control of all afairs in accordance with the prayers of my fellow
citizens, I transferred rights of ownership from my power to that of the senate
and people of Rome.
The Latin text makes “consensus” central to Augustus’ whole situation. By
contrast the locally produced Greek version refers to the “prayers” (euchai)
of Augustus’ fellow citizens, recalling concepts more familiar from Hellenistic
monarchies, and does not use the term for consensus (homologia) already
deployed earlier in the text (section 6).48 By the late 30s BC Octavian’s legal
position under the triumvirate had expired and his emergence as sole leader
(after the death of Sextus Pompeius and Antony, as well as the retirement of
Lepidus) was essentially and obviously based on his military position as victor
at the end of the civil war.49 However, rather than openly turning to the army
in the way later emperors eventually would, Octavian worked to create a
(real/perceived) consensus in society, partly by the administration of an oath
of allegiance that served to support his position in 32 BC (RGDA 25.2) and
also by other means.50 It was from this position of universal recognition that
he claimed the vantage point and authority to hand over supreme power to
the senate and the Roman people, a process that culminated in January 27
BC. As part of a meticulously staged exchange of gifts he then received in
return the new name Augustus, together with his honoriic symbols of the
oak wreath, twin laurels, and shield inscribed with his virtues, in the general
context of his position as leading citizen (princeps).51
48
49
This detail has not received much attention in the recent commentaries.
For the overall picture, see Osgood (2006). Welch (2012) ofers an important new
interpretation.
50 The oath of allegiance is mentioned in RGDA 25.2. Syme (1939) 284 remains the classic
treatment. Cooley (2009) ad loc. gives a full bibliography. For the shaping of consensus in the
imperial period, see Ando (2000) and Lobur (2008) 12-36, 131-205.
51 Cooley (2009) ad loc. is excellent in exploring the symbolism and signiicance of Augustus’ wellknown emblems, which were much reproduced in art, both at the state and at the local level.
TODD MEMORIAL LECTURE
It is interesting to see that the third century BC epitaph of Lucius
Scipio speaks of a consensus felt by a plurality (plurimi), whereas Augustus
grandly claims that everyone in Italy spontaneously (tota Italia sua sponte)
recognized and even prayed for him to hold his position of supreme power. It
is perhaps ironic but not surprising that a new system of de-facto autocratic
government was built upon a “new” version of traditional consensus politics.
In other words, how did republican government come to be replaced by
one-man rule in Rome? Ultimately, at least according to Augustus, through
consensus.
To sum up the topics discussed so far: within the Roman political system
the name given to the community, the vocabulary of consensus, the practices
of voting, and the use of the veto can all be understood as ways of working
towards consensus. Simultaneously, the religious system known as the pax
deorum represented a vision of an ideal community in cooperation with the
gods, who endorsed each political action and might even suggest their own
initiatives by sending prodigies. With these aspects in mind, I want to turn
now to the role of giving and receiving advice through deliberation, which
was enshrined in the use of a body of advisers (consilium) consulted while
making any important decision.52 The most prominent such “council” was the
Roman senate itself.
Deliberative Decision-making
Many modern scholars have thought of the senate as the leading organ
of government and the best representative of the Roman political system.53
Yet it remained a purely advisory body, which only met when called by a
senior magistrate and in order to debate the question he posed, although
senators could raise other issues once it was their turn to speak. Its decisions
carried great prestige but were never technically or legally more than
“recommendations”, to the consulting magistrate and to the community in
general. The practices of the senate relect the characteristically Roman
custom of deliberating with a group (consilium) before taking any major
decision, whether in public or private. Not to follow this practice was viewed
as unwise in a family setting and tyrannical in public life.
52
53
For the consilium in Roman culture, see Liebenam in RE (1901) and Voss in BNP.
The republican senate is discussed by Willems (1968, originally 1878-85), Bonnefond-Coudry
(1989), Ryan (1998), Lintott (1999) 65-88, Graeber (2001), and Santangelo (2006). Jehne
(2013) discusses the senate’s role in preserving and fostering a common sense of purpose
within the Roman community.
19
20
HARRIET I. FLOWER
A focus on the use of a group of advisers or consilium in decision-making
can move us beyond an analysis of voting in the various assemblies and
their relationships to the presiding magistrate and his peers in the senate.
Deliberation and debate was deeply ingrained in the lives of the élite Romans
whom we know most about from our surviving sources. At home, in the
senate, on campaign, and in the provinces, Romans summoned and consulted
groups of various sizes, sometimes in open public settings but most often in
closed venues where views were (apparently) freely and frankly exchanged
before a common approach was formulated. Giving and receiving advice was,
therefore, central to leadership; policies set without consultation recalled
notorious examples going back to the regal period, when the last king of
Rome Tarquin the Proud showed the autocratic nature of his rule by not
consulting the senate when he made independent decisions.54 After the
expulsion of the kings, the Romans called themselves SPQR, in other words
a deliberative body consilium mentioned irst but closely associated with the
citizen community. A comparison can also be made with many other ancient
societies, starting with the picture of debate and consensus formation
painted in the Iliad.55
The senate of republican Rome is the best-attested consilium, as well
as the most inluential, but remains relatively understudied in contrast with
either the magistrates or the voting assemblies or the rhetoric of the orator
in front of the crowd (contiones).56 As already noted, the senate met to
debate questions put to it by the senior magistrates in oice. Its inal opinion
was recorded in writing and called a senatus consultum, often somewhat
misleadingly translated “senate’s decree”. This vehicle allowed the senate
to speak consistently with one voice in giving advice in public, although
everybody knew that discussions could be prolonged and heated within each
meeting.57 The consultative nature of the senate’s advice is underscored
by the fact that a magistrate was held fully responsible for the legality and
consequences of his actions, even when these had been supported by
54
55
See Livy 1.49.
See Werlings and Schulz (2011) and Elmer (2013) for thought-provoking discussion of
decision-making.
56 For magistrates, see Brennan (2000) on the praetors and Pina Polo (2011) with Beck, Duplá,
Jehne and Pina Polo (2011) on the consuls. For the assemblies, see note 29 above, for the
contiones, see note 40 above.
57 For the senatus consultum, see Lintott (1999) 75-93. Brennan (2014) is a very useful
discussion of overall procedures.
TODD MEMORIAL LECTURE
the senate at the time of their undertaking.58 In other words, the senate
gave advice but the magistrate actually carried out each action on his own
authority.
Nineteenth-century scholars imagined a senate that was very formalized
and hierarchical, in which the order of speaking by seniority and a strictly
enforced hierarchy constrained debate to the views of only the most senior
members.59 According to this model, the same men would have done much
of the speaking and many senators would never have had the chance to
speak at all. These low-ranking senators apparently came to be called pedarii
(“foot-men”), because they moved to stand by the man whose opinion they
supported.60 Represented as essentially disenfranchised, they were thought
of as simply endorsing the views of the inluential by standing near them.
By contrast, Frank Ryan’s important research has shown that senatorial
debate was actually much more open and free lowing, with members from
every rank having a chance to participate in almost any debate, even at a
crowded meeting (frequens senatus).61 It is clear that senators were called
upon to speak in order of seniority according to the magistracy they had last
held, but that this order of speaking did not impede a rigorous exchange of
views in which many could participate. Moreover, magistrates in oice were
disqualiied from speaking. In fact, to take Ryan’s arguments a step further,
the order of speaking can just as well be interpreted as a practical mechanism
for allowing less senior members their turn, not giving complete freedom to
a discussion that might otherwise indeed have become dominated by a few
inluential voices.
We have very few descriptions of senatorial debates (especially any
recorded by senators who had actually been present) and even fewer records
of votes in the senate. It is not clear whether formal voting was even the
58
Cicero’s execution of the Catilinarian conspirators in 63 BC is the most famous example
that has come down to us. Both he himself and his political rivals held him solely responsible
for the decision to impose the death penalty, although he had not been the original author
of the proposal to execute the conspirators without a trial and the senate had agreed with
the decision. Neither side apparently returned to any analysis or critique of the debate in the
senate or of how the decision had been taken at the time.
59 Mommsen (1888) is the classic study.
60 Aulus Gellius NA 3.18 mentions the obscure term pedarius, which is probably not a technical
designation.
61 Ryan (1998).
21
22
HARRIET I. FLOWER
norm or something exceptional.62 In practice, the habit of moving to stand
near a speaker (whose position one supported) in itself suggests that opinion
was continually being reassessed without using a formal voting mechanism.
The sight of many tending towards one direction will have helped others
to weigh their options, whether to join an emerging majority or to hold out
against it by “taking a stand”. The very few votes (only three) we know of in
which the results were handed on all have tiny minorities recorded, another
phenomenon that points towards consensus rather than a more democratic
system.63 In light of these procedures, it makes sense to take the senatus
consultum at face value, as an opinion that was endorsed by most or all in
the senate.
The interpretation of the senate as a deliberative body that aimed at unity
must also relate to its size. In 2006 Federico Santangelo persuasively argued
that the reforms of Sulla in the late 80s did not create a senate as large as
600, as had been traditionally assumed.64 Rather Sulla added a signiicant
number of new senators (most of them coopted from the equestrian
order) but to a body that was heavily depleted by the casualties of civil war.
Santangelo’s research also implies that the senate before Sulla was probably
smaller than the standard number of 300 cited in textbooks.65 The oldest
extant senatus consultum, the SC de Bacchanalibus of 186 BC, mentions
a quorum of 100 senators needed for a decision about an exception to its
provisions.66 A smaller number of senators would support the overall picture
painted by Frank Ryan of a body in which there was a real opportunity to
contribute and to make one’s views heard. Before 80 BC the oicial list of
62
63
64
65
66
Sallust BC 50-53 is the fullest description (of the famous debate about the fate of the
Catilinarian conspirators) but it has obviously been rewritten for historiographical purposes
some twenty years after the event. Pelikan Pittenger (2008) ofers a useful and stimulating
discussion of the heated debates about the awarding of triumphs in the second century BC,
which are recorded in Livy.
The three occasions are: February 61 BC a result of 400:15 (Cicero Att. 1.14.5); July 57 BC a
result of 416:1 (Cicero Red. Sen. 26), December 50 BC a result of 370:22 (Appian BC 2.30).
See also Cicero QFr. 2.1.1.3, Mil. 12, Phil. 10.2.
See Santangelo (2006).
Even less work has been done on this topic, which nevertheless remains a key question.
Moreover, it is quite unclear how many came to meetings, perhaps far fewer than the c. 400
suggested by the voting igures for the late 60s and 50s BC in note 62 above.
Senatus consultum de Bacchanalibus (186 BC, discovered at Tiriolo in Bruttium in 1640): CIL
12 581 = ILS 18 = ILLRP 511.
TODD MEMORIAL LECTURE
senators was revised by the censors every 5 years, so that membership was
far from static.67 Meanwhile, the growth of Rome’s empire took many senior
magistrates and former magistrates away from the city for extended periods
of time, leaving the more junior to debate and to make decisions in the senate
in their absence.68
It seems plausible, therefore, to imagine dynamic debates that were not
limited or necessarily predictable or dominated by a few opinion makers in
each generation. The aim of the senate meeting was to produce practical
advice for the magistrate who had summoned it and asked a speciic
question (rogatio). By deinition, therefore, a single answer to the question
was being sought (although other agendas could obviously always be at work
behind the scenes). The senate’s answer would carry more weight if it was
supported by all or very nearly all present. A clear consensus would not need
a vote but could be measured in more traditional ways, such as by everyone
“standing together”. The presiding magistrate should be the one who judged
the “sense of the meeting”. In the end, however, he was not bound legally or
otherwise to accept the opinion of his peers, although most eventually did. A
divided senate that failed to produce a speciic recommendation, whether or
not they had actually voted, would thus have risked losing its inluence as an
advisory body. In the irst century BC, the senate did indeed lose ground in
an increasingly partisan atmosphere dominated by factions and by powerful
individual generals.
Looking at other advisory groups (consilia) can also help to conirm my
reading of the senate. Two useful parallels are ofered by the consilium of the
general in the ield and by the board of ten senators (decem legati) sent to
make decisions in a province, both of which are usefully elucidated by Pamela
Johnston (1998). In the irst case, the general could choose his own consilium
but was well advised to include on his staf or in the province a variety of
people who were experienced or inluential.69 In the second example, the
67
For the censors and the lectio senatus, see Suolahti (1963), Pieri (1968), Nicolet (1980) 63,
and Lintott (1999) 68-72, 115-120.
68 As Rome’s wars and her empire expanded, many magistrates will have travelled abroad to
command armies or govern provinces or serve on embassies to states or famous shrines
such as Delphi. Consequently, these men and their relatives acquired property outside Italy,
which they would visit from time to time. They would also travel for business, pleasure, or for
educational or informational reasons.
69 There is a quite a bit of information about the general’s consilium in Polybius and Livy. For
discussion Johnston (2008) is essential.
23
24
HARRIET I. FLOWER
senate chose ten members for a speciic task and these men worked with
the Roman magistrate in the province.70 Both of these groups included junior
members and deliberately mixed the obscure with the grand. In this way, they
functioned as “mini-senates” by including more points of view rather than
limiting advice to an inner circle of personal friends or to a group of senior
politicians of the same generation. The use and composition of such consilia
conirms the deliberative nature of the advice a magistrate sought or was
required to hear. The use of a consilium was regularly recorded in documents
issued by magistrates.
Before standing for political oice, Polybius tells us, it was expected that
a young Roman would serve ten campaigns in the army.71 In this setting, the
ambitious or well placed soon became part of their commander’s consilium,
some even in their late teens. Obviously, this was a way for a young man to
learn about decision-making and policy in a real setting on campaign. However,
his views also made contributions, as he gained experience in the ield and
in debate.72 It makes sense to see the time of deliberation on the general’s
consilium as preparation for debate in the senate, once elected to political
oice. Why would an ambitious young senator stay silent in Rome after years
of deliberating and debating with consuls and praetors on campaign? By the
same token, why would the senate send ten men on a commission overseas,
as many as half of whom might be junior members, if everything was being
decided by the top three or four men?
The consistent use of such consilia strongly suggests that young Romans
learned to deliberate and to give advice by practicing from an early age in a
variety of settings. Their participation was a traditional and integral part of the
Roman system. Some of those attested in consilia went on to stellar careers;
others remained relatively undistinguished.73 Their training prepared them to
be active participants, who were ready to voice an opposing argument or to
represent a diferent point of view, rather than ranks of silent backbenchers,
who had no contribution to make to the res publica.
70
For the decem legati, see Johnston (2008) 63-112 with treatment of the individual boards of
ten senators whom we have detailed information about.
71 See Polybius 6.19 with Lintott (1999) 145.
72 Johnston (2008) 19-24 discusses the consilium as a training camp for future leaders.
TODD MEMORIAL LECTURE
Conclusion
In conclusion, the drawing together of a variety of threads reveals a pattern
in which practices associated with the seeking of a deliberative consensus
were at the heart of Roman political life. In many diferent settings, inluential
Romans resorted to elaborate and time consuming processes of consultation
and deliberation in order to build support for a policy or decision. In this process
the use of a consilium was fundamental, whether in an individual family or at
the level of the city-state. Matters of importance were usually referred to
the senate for discussion, which carried a great deal of authority throughout
most of the republican period. Religious airmation and reairmation was
also customary; the gods were asked their opinion both before (and during)
any undertaking. The result of this deliberative habit was that Romans rarely
took decisions on their own and even more rarely advertised their initiatives
as individual or personal. Leadership was exercised and recognized in a group
setting. Consequently rhetoric and persuasion was important, both within
élite culture and in interactions between magistrates and crowds of citizens
or soldiers.
All these practices in themselves constituted “politics” in Rome rather than
concealing the locus of real political decision-making. In other words, these
deliberations, collections of endorsements, and reairmations from gods and
citizens should be taken seriously and not dismissed as a façade or a power
game. The high cost of consensus, because it takes time and can fail, which so
often makes it seem impractical in the modern world, was part of what made
it so attractive, especially in an environment in which other city-states often
experienced internal factional struggles (stasis) and the Romans themselves
believed that their early history had been characterized by crippling civil
discord between patricians and plebeians.
In this general context, the culture of spectacle that was particularly on
view at the triumph, the aristocratic funeral, or the public games ofered
simply the most visible manifestation of a whole world of consensus politics,
73
Notable examples of consilia attested in inscriptions include the following: RDGE 14, 75-76,
the consilium of the consul L. Calpurnius Piso (in 112 BC); RDGE 12, S.C. de agro pergameno,
the consilium of a praetor (in 101 BC? with 55 members (!) listed in order of rank, two-thirds
apparently being of lower rank, perhaps also including non-senators, a majority of the names
still being legible but without cognomina included); RDGE 23 the consilium of the consuls M.
Terentius Varro Lucullus and C. Cassius Longinus (in 73 BC with 15 members, all senators). The
latter document also makes reference (l. 55-59) to earlier consilia of Sulla in the 80s.
25
26
the tip of the iceberg (albeit a large tip of a massive iceberg). The community’s identity
and the role of its oice-holding political leadership was conirmed and articulated
through such public ritual and spectacle. But policies and decisions were not made on
these celebratory or commemorative occasions. Rather, republican political culture was
characterized by loose rules that did not give individuals or small groups much chance
to make executive decisions on their own authority. Magistrates and priests (and other
experts whose advice was solicited) submitted opinions and recommendations to the
senators, most of whom were in fact private citizens, since only a few men held oice in
any given year. Subsequently, the senate’s opinion (even when unanimous) still needed
to collect further endorsements from gods and citizens in order to become recognized
and legally efective. Participation and due process through frequent deliberation and
voting aimed at cohesion (whether real or constructed). Traditional decision-making
built community through a process of crafting consensus, while at the same time
carefully limiting both individual initiative and the formation of long-term political parties
or platforms.
Roman politics showed that a community could build on tradition and be open to
innovation through its stress on habitual consensus decisions. In this context, it makes
sense that the Romans did not make use of a written constitution: rather the consensus
of the community at any one time constituted Roman politics. In this milieu, it also made
sense for Octavian to claim legitimacy, even for supreme power, based on consensus rather
than constitutional or political precedent. In republican Rome solidarity, shared values, and
a sense of common destiny allowed the elaborate taking of turns in diferent political roles:
from magisterial oices to participation in voting units to serving on juries or delegations.
Meanwhile, by far the most commonly exercised role, even for the most distinguished, was
that of private citizen. The nuances and complexities of traditional republican politics had
deep roots in the many deliberative practices in Roman culture, rituals of consensus that
were enacted at length both in public and in domestic contexts. In all of these settings, the
religious dimension was essential to any and every decision. Religion provided the framework
within which Roman politics (and Roman life) operated. Roman consensus practices were
central to the political culture of the community and combined features found in other
consensus systems, from the transparently commercial to the deeply religious.
27
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