Consistorium
The Roman emperors, following an ancient practice of Roman magistrates, consulted their
friends and followers (
amici, familiares, comites) before giving judicial
decisions in cases of importance. The
consilium principis, or judicial
council thus instituted, became a standing body in the time of Hadrian (Spart.
Hadr. 8, Spart. Hadr., 18).
The council was composed of persons of the greatest eminence; both senators of the highest
rank and members of the order of
equites sat in it.
The term
auditorium principis is used as equivalent to
consilium. It was not a general council for State affairs, and is not to be confused
with the political council we find certain emperors convening. Its functions were generally
confined to legal business. The emperor not only took its advice respecting his judgments, but
also in all matters connected with legal administration. It was strictly consultative in
character, the emperor not being bound in any way by its opinion. Changes were made in its
constitution by Diocletian and his successors. The ordinary members of the reconstituted body,
which is known as the
consistorium principis, were called
comites consistoriani; they were divided into the two classes of
1.
illustres,
2.
spectabiles. The
illustres consisted of four
great officers of the palace: viz., the
quaestor sacri palatii, the
magister officiorum, the
comes sacrarum largitionum,
and the
comes rei privatae. The class of
spectabiles was a larger one; its members are generally named simply
comites consistoriani. Besides these two classes of ordinary and active members of
the consistorium, there was a class of extraordinary members, called
vacantes. There was also a class of purely honorary members. The functions of the
consistorium seem to have been wider than those of the earlier
consilium, since it acted as a council for advising the emperor in general matters of
State.
