Annales vs Consuetudo

The Participation of the Flamines at the Sessions of the Senate during the Second Punic War

Abstract

I discuss in this paper the debate between one of the major priests in ancient Rome (flamen Dialis) and the head of jurisdiction (praetor). The debate concerned the right of the flamen to take part in the sessions of the Senate of Rome. The priest’s argumentation based on the texts of old annals, probably on ancient laws of the Roman Kingdom. However, his argument was rejected by the praetor. His standing point was that any right must be based on permanent practice. The debate was solved in the special Roman way: the personal merits of the flamen, and not in his arguments, secured his right to enter the Senate’s sessions. My point of view is that behind the two men there were two political groups: on the side of the flamen stood the patricians led by M. Porcius Cato and on the other side, behind the praetor, stood probably Licinius, the Pontifex Maximus, who represented the plebeian politicians led by
the Scipio family.