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Leges Clodiae

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Leges Clodiae (The Laws of Clodius) 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, born Publius Claudius Pulcher, was a member of the aristocratic Patrician family ("gens") Claudius. However, he was adopted into a Plebeian family, changed his name to the less aristocratic "Clodius", and ran for the Tribunate of the Plebs, with the support of then-Roman Consul Julius Caesar. He was a bitter opponent of the senator and former Consul Cicero, and Caesar had promoted his candidacy to the tribunate under the hope that he would weaken the Roman Senate while Caesar was away from Rome, fighting a war in Gaul.

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 (specificaly, 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 Pompey, for example, was known to have used this obstructive device at least once.[1] Thus, in effect, this law repealed the Lex Aelia et Fufia.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an ordinary court, this law permitted the Censors to remove him from the senate in a summary way.[2][3] This law was repealed in 54 BC by the Lex Caecilia De Censoria, which was enacted by a political enemy of Clodius, Metellus Scipio.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, having executed members of the Catilinarian conspiracy several years before without formal trial, and having had a public falling-out with Clodius, was clearly the intended target of the law. Caesar supported Clodius as he wanted Cicero, one of the few competent leaders in the senate, exiled.[4][5] 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 corn to Rome's poor citizens for free. Before this law, corn had been distributed to Rome's poor at a low price instead.[6][7] 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 corn 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 lawfull. 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.[8][9] 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).[10] 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).[11][12][13][14]

Relevant articles

References

  1. ^ Dion Cassius. XXXVIII.13; Cic. in Vatin. 17, in Pison. 4, 5
  2. ^ Dion Cassius XL.57, XXXVIII.13
  3. ^ Cicero pro Sestio, 25; Dig. 50 tit. 16 s203 De Portorio
  4. ^ Pro Domo, 18, &c., Post Redit. in Sen. 2.5, &c.
  5. ^ Dion Cassius. XXXVIII.14
  6. ^ Dion Cassius. XXXVIII.13
  7. ^ Cicero pro Domo, 10
  8. ^ Cicero. in Pis. 4, pro Sest. 25, ad Att. III.15
  9. ^ Dion Cassius. XXXVIII.13
  10. ^ Cicero. pro Mil. 12, 33
  11. ^ Vell. Pat. II.45
  12. ^ Cicero. pro Dom. 8, 20, pro Sest. 26
  13. ^ Dion Cassius. XXXVIII.30
  14. ^ Plutarch Cat. Min. 34
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