consistorium

• I In gen., prop. of the earth, as a dwelling-place of man, Tert. Res. Carn. 26.—
• • B Trop.: consistorium libidinum lupanar, id. ad Uxor. 2, 6; id. Spect. 17.—
• II Esp.
• • A A room where servants wait, Sid. Ep. 2, 2.—But most usually,
  • B The place where the emperor's council met, the emperor's cabinet, Aus. Grat. Act. 29; Amm.14, 7, 11; Cod. Th. 6, 10, 2; Inscr. Orell. 3184 al.

CONSISTO´RIUMAugustus and his successors, 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 stituted was not at first a standing body of advisers, but was constituted for each particular occasion only. This, however, had ceased to be the rule by the time of Hadrian, for we are informed that this emperor, when he was sitting in a judicial capacity, included in his consilium not only his personal followers, but also certain jurists who had been approved of by the senate (Spartian. Hadr. cc. 8, 18). From this time the position of members of the imperial council (consiliarii augusti) seems to have been regarded as a permanent one. 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 imperial prefects and especially the praefecti praetorio were generally members of it. The council was not confined to lawyers, though on account of the nature of its business it was especially requisite that it should contain the most eminent jurists. It was not usual to summon the whole body of councillors to meet, but certain councillors were selected on each occasion as they were required. Alexander Severus is said to have been in the habit of summoning at least twenty jurists and fifty other members. The consilium principis 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. The council as a rule only sat at Rome, though it might be held wherever the emperor was. The term auditorium principis is used as equivalent to consilium. Such, according to Mommsen (Staatsrecht, 2.948), was the nature of the consilium previous to the changes made in its constitution by Diocletian and his successors. The usual name for the consilium after it had been newly organised by these later emperors is consistorium principis, a term which first appears in inscriptions of the middle of the fourth century (Orelli, 3184, 3185; cf. Mommsen, Staatsrechlt, 2.949, n. 2), and which perhaps originally meant the place in the imperial palace where the consilium was held. The ordinary members of the re-constituted 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 (in actu positi), there was a class of extraordinary members, called vacantes. There was also a class of purely honorary members (honorarii). The praefectus praetorio and the praefecti militum attended when business relating to their departments was in question; other officials might be summoned as extraordinary 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 not only in matters relating to legal administration, but in other matters of state. According to Haubold, the consistorium principis was the administrative council of the state, and should be distinguished from the auditorium principis --the emperor's supreme court of justice; but Bethmann-Hollweg has shown that this view is erroneous, more especially because we find the word consistorium used for the council in its judicial as well as in its administrative aspect. Thus, in Nov. 23, cc. 2, 3, the terms consistorium and auditorium are used interchangeably. For this and other reasons it would seem that the consistorium was not exclusively a state council, as Haubold supposes, but also a supreme court of justice--a body analogous to the Privy Council in this country, as it was once constituted. (Mommsen, Staatsr. ii.2 p. 948; Bethmann--Hollweg, Civilprocess, 3.17, 94; Haubold, De Consistorio Principum; Rein, ap. Pauly s. v.) [CONSILIUM; AUDITORIUM. ]

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, 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.