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Simple English definitions for legal terms
senatus consultum
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A quick definition of senatus consultum:
Senatus consultum was a resolution made by the Roman Senate in the past. It was not a law, but usually followed. In the first century A.D., these resolutions replaced the legislation of the comitia, but by the end of the second century, they were merely the Senate's official expression of the imperial will. The Senate often adopted the text of a speech by the emperor. It was an advisory body, nominated by the King, and at first purely patrician. Later it included patricians and plebeians. Its chief duty still being to tender advice to the magistrates. The theory still was, till the time of Hadrian, that senatus consulta were directions to the magistrates, who were now in fact, if not in name, bound to give effect to them, till by a process of gradual usurpation senatus consulta came to be direct legislation.
A more thorough explanation:
Definition: Senatus consultum (pronounced si-nay-tuh s kuhn-suhl-tuhm) is a term used in Roman law. It refers to a resolution passed by the Roman Senate, which did not have the force of law but was usually followed. In the first century A.D., these resolutions replaced the legislation of the comitia, but by the end of the second century, they were merely the Senate's official expression of the imperial will. The senate often adopted the text of a speech (oratio) by the emperor.
Examples: In ancient Rome, the Senate was an advisory body that had no legislative power. Its main duty was to give advice to the magistrates. Senatus consulta were directions to the magistrates, who were bound to give effect to them. For example, if the Senate passed a resolution to declare war on a neighboring country, the magistrates were obligated to carry out this decision.
Over time, senatus consulta became more powerful and came to be seen as direct legislation. By the time of Hadrian, the Senate's resolutions were considered to be the law of the land. However, they still did not have the force of law and were not binding on the people. Instead, they were seen as an expression of the Senate's will and were usually followed by the magistrates and the people.