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Lex Oppia

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The Lex Oppia was a law established in ancient Rome in 215 BC, at the height of the Second Punic War during the days of national catastrophe after the Battle of Cannae , and repealed in 195 BC.

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53-543: Instituted by Marcus Oppius , a tribune of the plebs during the consulship of Quintus Fabius Maximus Verrucosus and Tiberius Sempronius Gracchus , the Lex Oppia was the first of a series of sumptuary laws , and it restricted not only a woman's wealth, but also her display of wealth. Specifically, it forbade any woman to possess more than half an ounce of gold, to wear a multi-colored garment (particularly those trimmed in purple), or to ride in an animal-drawn vehicle in

106-457: A Roman colony ( colonia ) . In a "hotly contested" election, Flaccus became censor along with Cato in 184. Their censorship was noted for its severity: Lucius Quinctius Flamininus , the consul of 192, was kicked out of the senate ; Scipio Asiaticus , the consul of 190, lost his equestrian rank ; and public contracts were leased stringently. The two men shared common conservative political sympathies and cultural outlook, and were loyal to

159-537: A clothes-contest, they would either feel shame in the presence of other women, or on the contrary, they would delight in a rather base victory as a result of extending themselves beyond their means. He also declared that a woman's desire to spend money was a disease that could not be cured, but only restrained; the removal of Lex Oppia , Cato said, would render society helpless in limiting the expenditures of women. Cato pronounced that Roman women already corrupted by luxury were like wild animals who have once tasted blood in

212-400: A committee of ten men, known as the decemviri , or decemvirs, to serve for one year in place of the annual magistrates, and codify Roman law. The tribunate itself was suspended during this time. But when a second college of decemvirs appointed for the year 450 illegally continued their office into the following year, and the abuses of their authority became clear to the people, the decemvirate

265-437: A law permitting the intermarriage of patricians and plebeians, and allowing one of the consuls to be a plebeian. Rather than permit the election of a plebeian consul, the senate resolved upon the election of military tribunes with consular power , who might be elected from either order. Initially this compromise satisfied the plebeians, but in practice only patricians were elected. The regular election of military tribunes in

318-611: A man, are allowed to use purple for the blanket on your bed, will you not allow your wife to have a purple cloak? Even your horse will be more beautifully arrayed than your wife is clothed. Lucius Valerius rebukes Cato the Elder. From the Ab Urbe Condita book 35.7. As nobles spoke for or against the repeal of the Lex Oppia , the matrons of Rome crowded the Capitol . As Livy writes, the women could not be kept indoors by either

371-487: A matter of course, and the office itself lost its independence and most of its functions. Fifteen years after the expulsion of the kings and establishment of the Roman Republic, the plebeians were burdened by crushing debt. A series of clashes between the people and the ruling patricians in 495 and 494 BC brought the plebeians to the brink of revolt, and there was talk of assassinating the consuls. Instead, on

424-416: A plebeian. Although this law was occasionally violated by the election of two patrician consuls, Sextius himself was elected consul for 366, and Licinius in 364. At last, the plebeian tribunes had broken the patrician monopoly on the highest magistracies of the state. Following their victory in 367, the tribunes remained an important check on the power of the senate and the annual magistrates. In 287 BC,

477-437: A substantial gain from his actions. In 48 BC, the senate bestowed the tribunicia potestas (tribunician power) on the dictator Gaius Julius Caesar , who, as a patrician, was ineligible to be elected one of the tribunes. When two of the elected tribunes attempted to obstruct his actions, Caesar had them impeached, and taken before the senate, where they were deprived of their powers. Never again did Caesar face opposition from

530-411: A tribune could veto any action of the magistrates, senate, or other assemblies, he had to be physically present in order to do so. Because the sacrosanctity of the tribunes depended on the oath of the plebeians to defend them, their powers were limited to the boundaries of the city of Rome. A tribune traveling abroad could not rely on his authority to intervene on behalf of the plebeians. For this reason,

583-496: A tribune, he could "interpose the sacrosanctity of his person" to prevent such action. Even a dictator (and presumably an interrex ) was not exempted from the veto power, although some sources may suggest the contrary. The tribunes could veto acts of the Roman senate. The tribune Tiberius Sempronius Gracchus imposed his veto on all government functions in 133 BC, when the senate attempted to block his agrarian reforms by imposing

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636-626: The Cursus Honorum all the way to praetor , though not consul. The patrician Flaccus became a friend, political patron, and ally of the young plebeian senator Marcus Porcius Cato, later called Cato the Elder, during the earlier years of the Second Punic War . Flaccus is possibly the Valerius Flaccus who was a military tribune in 212 BC, serving under the consuls who captured Hanno 's camp at Beneventum . Flaccus

689-465: The actions of the consuls and other magistrates, thus protecting the interests of the plebeians as a class. The tribunes of the plebs were typically found seated on special benches set up for them in the Roman Forum . The tribunes were sacrosanct , meaning that any assault on their person was punishable by death. In imperial times , the powers of the tribunate were granted to the emperor as

742-473: The activities of the tribunes were normally confined to the city itself, and a one-mile radius beyond. In 471 BC the Lex Publilia transferred the election of the tribunes from comitia curiata to the comitia tributa , thus removing the influence of the patricians on their election. In 462, the tribune Gaius Terentillius Arsa alleged that the consular government had become even more oppressive than

795-558: The advice of Lucius Sicinius Vellutus , the plebeians seceded en masse to the Mons Sacer (the Sacred Mount), a hill outside of Rome. The senate dispatched Agrippa Menenius Lanatus , a former consul who was well liked by the plebeians, as an envoy. Menenius was well received, and told the fable of the belly and the limbs, likening the people to the limbs who chose not to support the belly, and thus starved themselves; just as

848-499: The audience of the suffering and anger Roman women feel when they see the wives of Latin allies wearing ornaments of which they have been deprived. Lucius Valerius Flaccus had further argued that the Lex Oppia was only an emergency temporary law passed after the disastrous defeat of Roman soldiers in Cannae by Hannibal . As such, he argues, it was never meant to keep women's spending and morality in check. Lucius Valerius also states that

901-454: The authority of the magistrates or the orders of their husbands or their own sense of propriety (" nec auctoritate, nec uerecundia "). They blocked all the streets of the city and the approaches to the Forum, and implored the men as they descended to the Forum to allow the women to resume their former adornments. After the speeches against and in favor of the Lex Oppia , the women poured into

954-472: The belly and the limbs, the city, he explained, could not survive without both the patricians and plebeians working in concert. The plebeians agreed to negotiate for their return to the city; and their condition was that special tribunes should be appointed to represent the plebeians, and to protect them from the power of the consuls. No member of the senatorial class would be eligible for this office (in practice, this meant that only plebeians were eligible for

1007-484: The city or any town or within a mile thereof, except in the case of public religious festivals. In his Ab urbe condita (From the founding of the city) book 34 Livy discusses the abolishment of the Lex Oppia from the perspective of Cato the Elder and Lucius Valerius . The Lex Oppia had been primarily an economic measure in response to serious financial issues during the Second Punic War. However,

1060-407: The conquered areas began to flow into the hands of the Roman ruling class, transforming their lives from one of traditional agrarian simplicity to ostentatious display and unbounded extravagance. The victory made wealthier Romans aware of the possibilities of different, more comfortable life styles, and gave them access to more varied, more exotic and more luxurious products. During this period, there

1113-477: The granting of this authority was a means of designating a favoured member of the imperial court as the emperor's intended successor. Agrippa , Drusus the Younger , Tiberius , Titus , Trajan , and Marcus Aurelius each received the tribunician power in this way. With the regular assumption of the tribunician power by the emperors and their heirs, the ancient authority of the tribunes dwindled away. Although

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1166-647: The military and political views of the older generation represented by Quintus Fabius Maximus Verrucosus . Both he and Cato sought to defend Roman tradition against Hellenism . He initiated construction of the Via Flacca , named after him. Flaccus was a member of the College of Pontiffs from 196, when he succeeded Marcus Cornelius Cethegus , until his death. Flaccus became princeps senatus when Scipio Africanus died in 183. He himself died three years later. Dates, offices, and citations of ancient sources for

1219-426: The monarchy that it had replaced. He urged the passage of a law appointing five commissioners to define and limit the powers of the consuls. By threat of war and plague, the issue was postponed for five contentious years, with the same college of tribunes elected each year. In 457, hoping to deprive the law's supporters of their impetus, the senate agreed to increase the number of tribunes to ten, provided that none of

1272-566: The number of guests, while the Lex Didia was an application of the Lex Fannia to the entire Italian peninsula that imposed sanctions on providers of, as well as guests at, illegal dinners. The basis for concern about luxury and extravagance was mixed. It was a universal assumption that indulgence in luxury could undermine traditional military virtues. In his satire book six, Juvenal writes that Rome's excessive wealth from conquest caused

1325-464: The office of tribune endured throughout imperial times , its independence and most of its practical functions were lost. Together with the aedileship, it remained a step in the political career of many plebeians who aspired to sit in the senate, at least until the third century. There is evidence that the tribunate continued to exist as late as the fifth century AD. Lucius Valerius Flaccus (consul 195 BC) Lucius Valerius Flaccus (died 180 BC)

1378-481: The office was further impaired when, in 59 BC, the patrician Publius Clodius Pulcher , who aspired to hold the tribunician power, had himself adopted by a plebeian youth, and renounced his patrician status, in order to be elected tribune for the following year. Although considered outrageous at the time, Clodius' scheme was allowed to proceed, and he embarked on a program of legislation designed to outlaw his political opponents and confiscate their property, while realizing

1431-437: The place of consuls prevented any plebeians from assuming the highest offices of state until the year 400, when four of the six military tribunes were plebeians. Plebeian military tribunes served in 399, 396, 383, and 379, but in all other years between 444 and 376 BC, every consul or military tribune with consular powers was a patrician. Beginning in 376, Gaius Licinius Calvus Stolo and Lucius Sextius Lateranus , tribunes of

1484-409: The plebeian tribunes and aediles. From the institution of the tribunate, any one of the tribunes of the plebs was entitled to preside over this assembly. The tribunes were entitled to propose legislation before the assembly. By the third century BC, the tribunes also had the right to call the senate to order, and lay proposals before it. Ius intercessionis , also called intercessio, the power of

1537-456: The plebs, Marcus Fundanius and Lucius Valerius, proposed repealing the Lex Oppia . The supporters of the Lex Oppia were led by two tribunes of the plebs, Marcus Junius Brutus and Publius Junius Brutus, and consul Marcus Porcius Cato, also known as Cato the Elder , who had been elected in 195 BC. Cato argued that the law removed the shame of poverty because it made all women dress in an equal fashion. Cato insisted that if women could engage in

1590-474: The plebs, used the veto power to prevent the election of any annual magistrates. Continuing in office each year, they frustrated the patricians, who, despite electing patrician military tribunes from 371 to 367, finally conceded the consulship, agreeing to the Licinian Rogations . Under this law, military tribunes with consular power were abolished, and one of the consuls elected each year was to be

1643-402: The privileges allotted to Roman women are already limited compared to Roman men; why restrict them further. feminis dumtaxat purpurae usu interdicemus? et cum tibi viro liceat purpura in vestem stragulam uti, matrem familiae tuam purpureum amiculum habere non sines, et equus tuus speciosius instratus erit quam uxor vestita? Will we forbid women the use of purple? And although you,

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1696-419: The restrictions it imposed laid the framework for later sumptuary legislation designed to control expenditure on extravagance for social rather than economic reasons. Notable sumptuary legislation passed after the Lex Oppia 's creation includes the Lex Fannia of 161 BC and the Lex Didia of 143 BC. The Lex Fannia was a statute that limited dinner expenditure, the kind of food that could be offered and

1749-486: The senate formally recognized the plebiscita as laws with binding force. In 149 BC, men elected to the tribunate automatically entered the Senate. However, in 81 BC, the dictator Sulla , who considered the tribunate a threat to his power, deprived the tribunes of their powers to initiate legislation, and to veto acts of the senate. He also prohibited former tribunes from holding any other office, effectively preventing

1802-554: The sense that they can no longer be trusted to restrain themselves from rushing into an orgy of extravagance. Cato also chastises the men for letting their women sway them into repealing the law and affirms that its abrogation will cause the spread of luxury. The proponents of abolishing the Lex Oppia were led by Marcus Fundanius and Lucius Valerius, as well as the other consul, Lucius Valerius Flaccus , elected in 195 BC. Flaccus contested Cato's assumption that there would be no rivalry among women if they did not own anything by reminding

1855-467: The situation, and determine the lawfulness of the magistrate's action. Any action taken in defiance of this right was illegal on its face. In effect, this gave the tribunes of the people unprecedented power to protect individuals from the arbitrary exercise of state power, and afforded Roman citizens a degree of liberty unequalled in the ancient world. If the tribune decided to act, he would impose his ius intercessionis ("right of intercession"). Although

1908-428: The spread of luxury, leading to the downfall of Roman values and morals. A devotion to luxury was considered to be a stimulus to greed, and thus a major contributor to the increase in corruption. Finally, there was a widespread tendency to correlate lavish and self-indulgent expenditures with uneconomical use of personal or family fortunes. Following the Second Punic War, with Rome victorious over Carthage , wealth from

1961-457: The streets the next day in greater numbers and besieged the doors of the two Brutuses. The dissenting tribunes eventually gave in to the persistent demanding of the Roman matrons, and the Lex Oppia was repealed in 195 BC. Tribune of the plebs Tribune of the plebs , tribune of the people or plebeian tribune ( Latin : tribunus plebis ) was the first office of the Roman state that

2014-415: The tribunate), and the tribunes should be sacrosanct; any person who laid hands on one of the tribunes would be outlawed, and the whole body of the plebeians entitled to kill such person without fear of penalty. The senate agreeing to these terms, the people returned to the city. The first tribuni plebis were Lucius Albinius Paterculus and Gaius Licinius , appointed for the year 493 BC. Soon afterward,

2067-399: The tribunes from the preceding years should be re-elected. However, the new tribunes continued to press for the adoption of Terentillus' law, until in 454 the senate agreed to appoint three commissioners to study Greek laws and institutions, and on their return help to resolve the strife between the orders. On the return of the envoys, the senate and the tribunes agreed to the appointment of

2120-415: The tribunes of the people, like the plebeian aediles , who were created at the same time, were technically not magistrates, as they were elected by the plebeian assembly alone. However, they functioned very much like magistrates of the Roman state. They could convene the concilium plebis , which was entitled to pass legislation affecting the plebeians alone ( plebiscita ), and beginning in 493 BC to elect

2173-575: The tribunes themselves appointed Sicinius and two others as their colleagues. The ancient sources indicate the tribunes may have originally been two or five in number. If the former, the college of tribunes was expanded to five in 470 BC. Either way, the college was increased to ten in 457 BC, and remained at this number throughout Roman history. They were assisted by two aediles plebis , or plebeian aediles. Only plebeians were eligible for these offices, although there were at least two exceptions. Although sometimes referred to as plebeian magistrates,

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2226-412: The tribunes to intercede on behalf of the plebeians and veto the actions of the magistrates, was unique in Roman history. Because they were not technically magistrates, and thus possessed no maior potestas , they relied on their sacrosanctity to obstruct actions unfavourable to the plebeians. Being sacrosanct, no person could harm the tribunes or interfere with their activities. To do so, or to disregard

2279-413: The tribunes; he held the tribunician power until his death in 44. In 23 BC, the senate bestowed the tribunician power on Caesar's nephew, Octavian , now styled Augustus . From this point, the tribunicia potestas became a pre-requisite for the emperors, most of whom received it from the senate upon claiming the throne, though some had already received this power during the reigns of their predecessors;

2332-443: The use of the tribunate as a stepping stone to higher office. Although the tribunes retained the power to intercede on behalf of individual citizens, most of their authority was lost under Sulla's reforms. Former tribunes were once again admitted to the annual magistracies beginning in 75 BC, and the tribunician authority was fully restored by the consuls Gnaeus Pompeius Magnus and Marcus Licinius Crassus in 70. The dignity of

2385-411: The veto of a tribune, was punishable by death, and the tribunes could order the death of persons who violated their sacrosanctity. This could be used as a protection when a tribune needed to arrest someone. This sacrosanctity also made the tribunes independent of all magistrates; no magistrate could veto the action of a tribune. If a magistrate, the senate, or any other assembly disregarded the orders of

2438-417: The veto of another tribune. Tribunes also possessed the authority to enforce the right of provocatio ad populum , a precursor of the modern right of habeas corpus . This entitled a citizen to appeal the actions of a magistrate by shouting appello tribunos! ("I call upon the tribunes") or provoco ad populum! ("I appeal to the people"). Once invoked, this right required one of the tribunes to assess

2491-593: Was curule aedile in 201 BC. He was probably the L. Valerius Flaccus who was a legate under the praetor Lucius Furius Purpureo in Gaul in 200. As praetor in 199, he was assigned to the province of Sicily . Flaccus received Italy as his province when he was consul in 195 BC, and continued to wage war as proconsul the following year against the Gauls, with a victory over the Insubres at Mediolanum . In 191 Flaccus

2544-512: Was a Roman politician and general. He was consul in 195 BC and censor in 183 BC, serving both times with his friend Cato the Elder , whom he brought to the notice of the Roman political elite. Flaccus was a patrician and son of the Publius Valerius Flaccus who was consul in 227 BC with Marcus Atilius Regulus . His brother, Gaius Valerius Flaccus, was the flamen dialis , Gaius had a respectable political career, climbing

2597-542: Was a legate under Manius Acilius Glabrio in the war against the Aetolians and at the Battle of Thermopylae . In 190, Flaccus served on the three-man commission ( triumviri coloniis deducendis ) created to strengthen Placentia and Cremona . His fellow commissioners were M. Atilius Serranus (praetor 174 BC) and L. Valerius Tappo (praetor 192 BC). The following year, the commission founded Bononia (modern Bologna ) as

2650-527: Was abolished and the tribunate restored, together with the annual magistrates. Among the laws codified by the decemvirs was one forbidding intermarriage between the patricians and the plebeians; the Twelve Tables of Roman law also codified that the consulate itself was closed to the plebeians. Worse still, in 448, two patricians were co-opted to fill vacant positions in the tribunate, although they proved to be of moderate views, and their year of office

2703-460: Was an inevitable change of mores , which in practice meant largely the conduct of individuals in the upper strata of Roman society; and with the financial woes eliminated, there was no longer a reason for women to restrict their expenditures. With Rome rich in Carthaginian wealth, attempts to check self-indulgent expenditure with sumptuary legislation proved vain. Consequently, two tribunes of

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2756-591: Was open to the plebeians , and was, throughout the history of the Republic, the most important check on the power of the Roman Senate and magistrates . These tribunes had the power to convene and preside over the Concilium Plebis (people's assembly); to summon the senate; to propose legislation; and to intervene on behalf of plebeians in legal matters; but the most significant power was to veto

2809-402: Was peaceful. To prevent future attempts by the patricians to influence the selection of tribunes, Lucius Trebonius Asper promulgated a law forbidding the tribunes to co-opt their colleagues, and requiring their election to continue until all of the seats were filled. But relations between the orders deteriorated, until in 445, the tribunes, led by Gaius Canuleius , were able to push through

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