Leges Clodiae
Encyclopedia
Leges Clodiae were a series of laws
(plebiscites) passed by the Plebeian Council
of the Roman Republic
under the tribune
Publius Clodius Pulcher
in 58 BC. Clodius was a member of the patrician family ("gens
") Claudius
; the alternate spelling of his name
is sometimes regarded as a political gesture. With the support of Julius Caesar
, who held his first consulship
at the time, Clodius had himself adopted into a plebeian
family in order to qualify for the office of Tribune of the Plebs, which was not open to patricians. Clodius was famously a bitter opponent of Cicero
.
One law, the Lex Clodia de Auspiciis ("The Law of Clodius on the Auspices"), prevented the Roman Magistrates
, who presided over the legislative assemblies
, from dissolving the assemblies (specifically, the Tribal Assembly
), by declaring that unfavorable omens (auspices) had been observed. This had been an ordinary form of legislative obstruction for centuries, and was formally codified around the year 150 BC by the Lex Aelia et Fufia
. Pompey
, for example, was known to have used this obstructive device at least once. Thus, in effect, this law repealed the Lex Aelia et Fufia.
Another law, the Lex Clodia de Censoribus ("The Law of Clodius on the Censors"), prescribed certain rules for the Roman Censors in exercising their functions as inspectors of public morals (mores). It also required the concurrence of both Censors to inflict the nota censoria. During the census
(conducted once every five years), the Censors could place a nota next to the name of a citizen, usually for offenses such as bankruptcy, cowardice, or having been a gladiator. If a citizen had a nota placed besides his name, he was subject to a range of penalties, including fines, exile, assignment to an inferior tribe
for voting purposes, or even the loss of his citizenship. Thus, by requiring concurrence for the placement of a nota, this law placed an additional check on the powers of the Censors. This was typically the only act that required the concurrence of both Censors. Also, when a senator had been already convicted before an ordinary court, this law permitted the Censors to remove him from the senate in a summary way. This law was repealed in 54 BC by the Lex Caecilia De Censoria
, which was enacted by a political enemy of Clodius, Metellus Scipio
.
A third law, the Lex Clodia de Civibus Romanis Interemptis, was key to Caesar's support for Clodius. It threatened exile for anyone who executed a Roman citizen without a trial. Cicero, an enemy of Clodius having executed members of the Catilinarian conspiracy
several years before without formal trial, was clearly the intended target of the law. Caesar supported Clodius as he wanted Cicero exiled (Cicero was one of the leaders of the Senate's "optimates
," which was a group that opposed Caesar, Clodius, and other "populares
." As a result of this law, Cicero went into exile
, from which he did not return for several years.
A fourth law, the Lex Clodia Frumentaria required the distribution of grain to Rome's poor citizens for free. Before this law, grain had been distributed to Rome's poor at a low price instead. This was somewhat radical, as during the first centuries of the republic, as per the Valerian and Porcian laws
, several citizens had been executed for distributing free grain to the poor, under the concern that they were plotting to win popular support in order to overthrow the government and seize a tyranny.
A fifth law, the Lex Clodia de Sodalitatibus ("The Law of Clodius on the Associations") was a law that declared that certain clubs of a "semi-political nature" (i.e. armed gangs) were lawful. These clubs had been abolished through a decree of the senate in 80 BC, probably upon the urging of the aristocratic Roman Dictator
Lucius Cornelius Sulla
, who had attempted to weaken the power of Rome's citizens and to strengthen the senate. The result of this law was a wave of violence and gang warfare that resulted in Clodius' murder, and that wouldn't end until the end of the republic and the establishment of the Roman Empire
.
A sixth law, the Lex Clodia de Libertinorum Suffragiis ("The Law of Clodius on Voting") attempted to extend voting rights (suffrage). A seventh law, the Lex Clodia de Rege Ptolemaeo et de exsulibus Byzantinis pertained to several of Rome's eastern provinces and vassal states (in particular Ptolemaic Egypt and Byzantium in Greece).
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
(plebiscites) passed by the Plebeian Council
Plebeian Council
The Concilium Plebis — known in English as the Plebeian Council or People's Assembly — was the principal popular assembly of the ancient Roman Republic. It functioned as a legislative assembly, through which the plebeians could pass laws, elect magistrates, and try judicial cases. The Plebeian...
of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
under the tribune
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...
Publius Clodius Pulcher
Publius Clodius Pulcher
Publius Clodius Pulcher was a Roman politician known for his popularist tactics...
in 58 BC. Clodius was a member of the patrician family ("gens
Gens
In ancient Rome, a gens , plural gentes, referred to a family, consisting of all those individuals who shared the same nomen and claimed descent from a common ancestor. A branch of a gens was called a stirps . The gens was an important social structure at Rome and throughout Italy during the...
") Claudius
Claudius (gens)
The gens Claudia, sometimes written Clodia, was one of the most prominent patrician houses at Rome. The gens traced its origin to the earliest days of the Roman Republic...
; the alternate spelling of his name
Clodius
Clodius is an alternate form of the Roman nomen Claudius, a patrician gens that was traditionally regarded as Sabine in origin. The alternation of o and au is characteristic of the Sabine dialect...
is sometimes regarded as a political gesture. With the support of Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
, who held his first consulship
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...
at the time, Clodius had himself adopted into a plebeian
Plebs
The plebs was the general body of free land-owning Roman citizens in Ancient Rome. They were distinct from the higher order of the patricians. A member of the plebs was known as a plebeian...
family in order to qualify for the office of Tribune of the Plebs, which was not open to patricians. Clodius was famously a bitter opponent of Cicero
Cicero
Marcus Tullius Cicero , was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.He introduced the Romans to the chief...
.
One law, the Lex Clodia de Auspiciis ("The Law of Clodius on the Auspices"), prevented the Roman Magistrates
Roman Magistrates
The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army...
, who presided over the legislative assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...
, from dissolving the assemblies (specifically, the Tribal Assembly
Tribal Assembly
The Tribal Assembly of the Roman Republic was the democratic assembly of Roman citizens. During the years of the Roman Republic, citizens were organized on the basis of thirty-five Tribes: Four Tribes encompassed citizens inside the city of Rome, while the other thirty-one Tribes encompassed...
), by declaring that unfavorable omens (auspices) had been observed. This had been an ordinary form of legislative obstruction for centuries, and was formally codified around the year 150 BC by the Lex Aelia et Fufia
Lex Aelia et Fufia
The Lex Aelia et Fufia was established in around the year 150 BC in the Roman Republic. The presumed subject of this legislation was the extension of the right of "obnuntiatio", that is, reporting unfavorably concerning the omens observed at the Legislative Assemblies, thus forcing an end to...
. Pompey
Pompey
Gnaeus Pompeius Magnus, also known as Pompey or Pompey the Great , was a military and political leader of the late Roman Republic...
, for example, was known to have used this obstructive device at least once. Thus, in effect, this law repealed the Lex Aelia et Fufia.
Another law, the Lex Clodia de Censoribus ("The Law of Clodius on the Censors"), prescribed certain rules for the Roman Censors in exercising their functions as inspectors of public morals (mores). It also required the concurrence of both Censors to inflict the nota censoria. During the census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...
(conducted once every five years), the Censors could place a nota next to the name of a citizen, usually for offenses such as bankruptcy, cowardice, or having been a gladiator. If a citizen had a nota placed besides his name, he was subject to a range of penalties, including fines, exile, assignment to an inferior tribe
Tribal Assembly
The Tribal Assembly of the Roman Republic was the democratic assembly of Roman citizens. During the years of the Roman Republic, citizens were organized on the basis of thirty-five Tribes: Four Tribes encompassed citizens inside the city of Rome, while the other thirty-one Tribes encompassed...
for voting purposes, or even the loss of his citizenship. Thus, by requiring concurrence for the placement of a nota, this law placed an additional check on the powers of the Censors. This was typically the only act that required the concurrence of both Censors. Also, when a senator had been already convicted before an ordinary court, this law permitted the Censors to remove him from the senate in a summary way. This law was repealed in 54 BC by the Lex Caecilia De Censoria
Lex Caecilia De Censoria
Lex Caecilia De Censoria was passed by Metellus Scipio, Roman Consul of 52 BC. It repealed a law passed by the tribune Publius Clodius Pulcher in 58 BC, which had prescribed certain rules for the Censors in exercising their functions as inspectors of public morals...
, which was enacted by a political enemy of Clodius, Metellus Scipio
Quintus Caecilius Metellus Pius Scipio Nasica
Quintus Caecilius Metellus Pius Scipio Nasica , in modern scholarship often as Metellus Scipio, was a Roman consul and military commander in the Late Republic. During the civil war between Julius Caesar and the senatorial faction led by Pompeius Magnus , he remained a staunch optimate...
.
A third law, the Lex Clodia de Civibus Romanis Interemptis, was key to Caesar's support for Clodius. It threatened exile for anyone who executed a Roman citizen without a trial. Cicero, an enemy of Clodius having executed members of the Catilinarian conspiracy
Catiline
Lucius Sergius Catilina , known in English as Catiline, was a Roman politician of the 1st century BC who is best known for the Catiline conspiracy, an attempt to overthrow the Roman Republic, and in particular the power of the aristocratic Senate.-Family background:Catiline was born in 108 BC to...
several years before without formal trial, was clearly the intended target of the law. Caesar supported Clodius as he wanted Cicero exiled (Cicero was one of the leaders of the Senate's "optimates
Optimates
The optimates were the traditionalist majority of the late Roman Republic. They wished to limit the power of the popular assemblies and the Tribunes of the Plebs, and to extend the power of the Senate, which was viewed as more dedicated to the interests of the aristocrats who held the reins of power...
," which was a group that opposed Caesar, Clodius, and other "populares
Populares
Populares were aristocratic leaders in the late Roman Republic who relied on the people's assemblies and tribunate to acquire political power. They are regarded in modern scholarship as in opposition to the optimates, who are identified with the conservative interests of a senatorial elite...
." As a result of this law, Cicero went into exile
Exile
Exile means to be away from one's home , while either being explicitly refused permission to return and/or being threatened with imprisonment or death upon return...
, from which he did not return for several years.
A fourth law, the Lex Clodia Frumentaria required the distribution of grain to Rome's poor citizens for free. Before this law, grain had been distributed to Rome's poor at a low price instead. This was somewhat radical, as during the first centuries of the republic, as per the Valerian and Porcian laws
Valerian and Porcian laws
The Valerian and Porcian laws were passed between Rome’s founding in 509 BC, and 195 BC. They exempted Roman citizens from degrading and shameful forms of punishment, such as scourging with rods or whips, and especially crucifixion. They also established certain rights for Roman citizens such as...
, several citizens had been executed for distributing free grain to the poor, under the concern that they were plotting to win popular support in order to overthrow the government and seize a tyranny.
A fifth law, the Lex Clodia de Sodalitatibus ("The Law of Clodius on the Associations") was a law that declared that certain clubs of a "semi-political nature" (i.e. armed gangs) were lawful. These clubs had been abolished through a decree of the senate in 80 BC, probably upon the urging of the aristocratic Roman Dictator
Roman dictator
In the Roman Republic, the dictator , was an extraordinary magistrate with the absolute authority to perform tasks beyond the authority of the ordinary magistrate . The office of dictator was a legal innovation originally named Magister Populi , i.e...
Lucius Cornelius Sulla
Lucius Cornelius Sulla
Lucius Cornelius Sulla Felix , known commonly as Sulla, was a Roman general and statesman. He had the rare distinction of holding the office of consul twice, as well as that of dictator...
, who had attempted to weaken the power of Rome's citizens and to strengthen the senate. The result of this law was a wave of violence and gang warfare that resulted in Clodius' murder, and that wouldn't end until the end of the republic and the establishment of the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
.
A sixth law, the Lex Clodia de Libertinorum Suffragiis ("The Law of Clodius on Voting") attempted to extend voting rights (suffrage). A seventh law, the Lex Clodia de Rege Ptolemaeo et de exsulibus Byzantinis pertained to several of Rome's eastern provinces and vassal states (in particular Ptolemaic Egypt and Byzantium in Greece).
External links
- The Roman Law Library, incl. Leges
- Entry from Harry Thurston Peck, "Harpers Dictionary of Classical Antiquities" (from the Perseus Project)
Modern works
- Tatum, W. Jeffrey. The Patrician Tribune: P. Clodius Pulcher. Studies in the History of Greece and Rome (University of North Carolina Press, 1999) hardcover ISBN 0807824801
- Fezzi, L: Il tribuno Clodio (Roma-Bari, Laterza, 2008) ISBN 8-8420-8715-7