the offices of state had been but slightly increased; still, the ex-magistrates were now sufficiently numerous to fill the vacancies in the senate. To be sure, only those who had held a curule office were entitled to be appointed senators; but in the next place former plebeian aediles, tribunes, and ex-quaestors were chosen even earlier than 216, and this remained the practice. The consequence was that the senate practically filled its own vacancies, as it controlled the elections completely whenever it was tolerably harmonious. The senate had thus become a close corporation, consisting, with comparatively few exceptions, of members of the nobility.
Senatorial Privileges. — The senators began to be actuated above all by class spirit, and it was in a certain sense fitting that they should distinguish themselves in a conspicuous way from the other classes. In 194 Africanus secured special places for them in the theatre (at the ludi scaenici). This was plain and very unpopular evidence of the rule of the oligarchy. Further, they began during the latter part of this period to wear two broad vertical purple stripes (latus clavus) on their tunics (tunicae laticlaviae), and in this way proclaimed themselves the governing class.
Functions of the Senate. — With the growth of the state the work of the senate increased in amount, variety, and importance. The senatorial order of business was necessarily developed. The senate was no longer simply an advisory body: it could practically take the initiative in any matter, partly because it was able to employ the tribunes as a check on the higher magistrates (magistratus maiores) and in part because the eminent senators in particular had the right to make entirely independent motions. Such means were now turned to better account, as the general political tendency was in favor of senatorial government.
