Valerian and Porcian laws
Encyclopedia
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 the right of appeal to the Plebeian Tribunes, called Provocatio. The original Valerian law had also made it legal to kill any citizen who was plotting to seize a tyranny. This clause was used several times, the most important of which was its usage by Julius Caesar's
assassins.
in 509 BC, a few years after the founding of republican Rome. It allowed a Roman citizen, condemned by a magistrate to death or scourging, the right of appeal to the people, that is, to the people composed of senators
, patricians, and plebeians. Thus the consuls had no longer the power of pronouncing sentence in capital cases against a Roman citizen, without the consent of the people. The Valerian law consequently divested the consuls of the power to punish crimes, thereby abolishing the vestiges within the Roman government of that unmitigated power that was the prerogative of the Tarquin
kings.
Nonetheless, the Valerian law was not kept on the books throughout the five hundred years of the Roman republic. Indeed, Titus Livius (Livy) states that the Valerian law was enacted again, for the third time, in 299 BC. Andrew Lintott surmises that the effect of this third Valerian law was to regularize the provocatio: appeals to the people had been a fact of life with which magistrates had to deal prior to the law, but now magistrates were ordered to yield to the decisions of the people in capital cases. Livy notes that in all three cases the law was enacted by the Valerius
family. Furthermore, Livy notes that, should a magistrate disregard the Valerian law, his only reproof was that his act be deemed unlawful and wicked. This implies that the Valerian law was not so very effective in defending the plebs.
in 199 or 195 BC. This Porcian law of 190's BC stated that a citizen of Rome could escape death by voluntary exile
. The third Porcian law extended the right of protection and appeal for the Roman citizen outside Roman city limits and throughout the military districts. This is indicated by numismatic evidence in the form of a Roman coin that was minted in 104 BC or thereabouts. Up to this time it is probable that the provincial authorities had unmitigated coercitio.
. Cicero
’s oration in his prosecution of Verres
indicates the high pitch to which this feeling was carried. Verres, who as the governor of Sicily
(73 - 70 BC) had a number of Roman citizens cruelly killed, was eventually tried before the senators in Rome, ostensibly on charges of extortion
.
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
’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
Crucifixion
Crucifixion is an ancient method of painful execution in which the condemned person is tied or nailed to a large wooden cross and left to hang until dead...
. They also established certain rights for Roman citizens such as the right of appeal to the Plebeian Tribunes, called Provocatio. The original Valerian law had also made it legal to kill any citizen who was plotting to seize a tyranny. This clause was used several times, the most important of which was its usage by Julius Caesar's
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....
assassins.
Valerian law
The Valerian law was enacted by Publius Valerius PublicolaPublius Valerius Publicola
Publius Valerius Publicola was one of four Roman aristocrats who led the overthrow of the monarchy, and became a Roman consul, the colleague of Lucius Junius Brutus in 509 BC, traditionally considered the first year of the Roman Republic...
in 509 BC, a few years after the founding of republican Rome. It allowed a Roman citizen, condemned by a magistrate to death or scourging, the right of appeal to the people, that is, to the people composed of senators
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
, patricians, and plebeians. Thus the consuls had no longer the power of pronouncing sentence in capital cases against a Roman citizen, without the consent of the people. The Valerian law consequently divested the consuls of the power to punish crimes, thereby abolishing the vestiges within the Roman government of that unmitigated power that was the prerogative of the Tarquin
Tarquin
Tarquin may refer to:* Tarquin , a chamber operaPeople with the given name Tarquin:* Tarquin the Elder , fifth of the seven legendary kings of Rome* Tarquin the Proud , last of the seven legendary kings of Rome...
kings.
Nonetheless, the Valerian law was not kept on the books throughout the five hundred years of the Roman republic. Indeed, Titus Livius (Livy) states that the Valerian law was enacted again, for the third time, in 299 BC. Andrew Lintott surmises that the effect of this third Valerian law was to regularize the provocatio: appeals to the people had been a fact of life with which magistrates had to deal prior to the law, but now magistrates were ordered to yield to the decisions of the people in capital cases. Livy notes that in all three cases the law was enacted by the Valerius
Valerius
Valerius is the nomen of gens Valeria, one of the oldest patrician families of Rome. The name was in use throughout Roman history...
family. Furthermore, Livy notes that, should a magistrate disregard the Valerian law, his only reproof was that his act be deemed unlawful and wicked. This implies that the Valerian law was not so very effective in defending the plebs.
Porcian laws
The Porcian laws, of which there were three, provided stricter sanctions against those magistrates who failed to uphold the Valerian law. The first of these laws was named after P. Porcius Laeca, and was authorised by Cato the elderCato the Elder
Marcus Porcius Cato was a Roman statesman, commonly referred to as Censorius , Sapiens , Priscus , or Major, Cato the Elder, or Cato the Censor, to distinguish him from his great-grandson, Cato the Younger.He came of an ancient Plebeian family who all were noted for some...
in 199 or 195 BC. This Porcian law of 190's BC stated that a citizen of Rome could escape death by voluntary 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...
. The third Porcian law extended the right of protection and appeal for the Roman citizen outside Roman city limits and throughout the military districts. This is indicated by numismatic evidence in the form of a Roman coin that was minted in 104 BC or thereabouts. Up to this time it is probable that the provincial authorities had unmitigated coercitio.
Other laws
Another law that was passed with the intention of protecting citizens from severe punishment at the hands of governors and magistrates, is the lex Julia de vi publica, passed around 50 BC. Yet this law, for all practical purposes, is only a restatement of the right of appeal present in the Valerian and Porcian laws.Violation
This sanctity of a citizen's person was highly esteemed by the Romans, and so any violation of the Valerian and Porcian laws was deemed to be almost a sacrilegeSacrilege
Sacrilege is the violation or injurious treatment of a sacred object. In a less proper sense, any transgression against the virtue of religion would be a sacrilege. It can come in the form of irreverence to sacred persons, places, and things...
. 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...
’s oration in his prosecution of Verres
Verres
Gaius Verres was a Roman magistrate, notorious for his misgovernment of Sicily. It is not known what gens he belonged to, though some give him the nomen Licinius.-As governor:...
indicates the high pitch to which this feeling was carried. Verres, who as the governor of Sicily
Sicily
Sicily is a region of Italy, and is the largest island in the Mediterranean Sea. Along with the surrounding minor islands, it constitutes an autonomous region of Italy, the Regione Autonoma Siciliana Sicily has a rich and unique culture, especially with regard to the arts, music, literature,...
(73 - 70 BC) had a number of Roman citizens cruelly killed, was eventually tried before the senators in Rome, ostensibly on charges of extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
.