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Valerian and Porcian laws

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The Valerian and Porcian laws were Roman laws passed between 509 BC and 184 BC. They exempted Roman citizens from degrading and shameful forms of punishment, such as whipping , scourging , or crucifixion . They also established certain rights for Roman citizens, including provocatio , the right to appeal to the tribunes of the plebs . The Valerian law also made it legal to kill any citizen who was plotting to establish a tyranny. This clause was used several times, the most important of which was its usage by Julius Caesar's assassins.

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52-443: The first Valerian law was enacted by Publius Valerius Publicola 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 ( provocatio ad populum ), that is, to the people composed of senators , patricians , and plebeians . Thus the consuls no longer had the power of pronouncing sentence in capital cases against

104-459: A Vitellian . I am the bitterest enemy of the former kings, so I shouldn't be accused of wanting to be king." In order to allay suspicions, he caused his house to be built at the foot of the hill, rather than its peak. In later times, the Temple of Victory stood in the same place. For his actions and deference to the people of Rome, Valerius received the surname Poplicola , meaning "one who courts

156-518: A triumph for the victory, held a funeral for Brutus with much magnificence. The Roman noblewomen mourned him for one year, for his vengeance of Lucretia's violation. The profile of Lucius Junius Brutus is on a coin that was minted by Marcus Junius Brutus following the assassination of Julius Caesar . Lucius Junius Brutus is prominent in English literature, and he was popular among British and American Whigs . A reference to Lucius Junius Brutus

208-573: 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

260-460: A gradual process lasting many years, perhaps even centuries... before the consular system of the classical Republic was at last established. Finally, it is widely supposed in modern books that the end of the Roman monarchy marked the end of a period of Etruscan rule in Rome, and the liberation of the city from a period of foreign occupation. In its strongest form this theory maintains that the fall of Tarquin

312-564: A profound impact on Italian patriots, including those who established the ill-fated short-lived Roman Republic in February 1849. Brutus was a hero of republicanism during the Enlightenment and Neoclassical periods. In 1789, at the dawn of the French Revolution , master painter Jacques-Louis David publicly exhibited his politically charged master-work, The Lictors Bring to Brutus

364-441: A rumour began to circulate that he intended to re-establish the monarchy, with himself as king. At once, Valerius stopped building, and demolished the structure in a single night. Addressing an assembly of the people, he caused his lictors to lower their fasces as a mark of humility, and to remove the axes from them within the city. "I have just liberated Rome, bravely, but now I am slandered, like being either an Aquillius or

416-775: Is discussed briefly in Søren Kierkegaard 's work, Fear and Trembling . There, Brutus serves as an example of what Kierkegaard calls "tragic heroism." Alongside the examples of Agamemnon and Jephthah , the tragic heroism of Brutus is presented in stark contrast to the faith of the Biblical figure, Abraham . In The Mikado , the protagonist Nanki-poo refers to his father the Emperor as "the Lucius Junius Brutus of his race", for being willing to enforce his own law even if it means killing his son. The memory of L. J. Brutus also had

468-485: Is in the following lines from Shakespeare's play The Tragedie of Julius Cæsar , (Cassius to Marcus Brutus, Act 1, Scene 2). One of the main charges of the senatorial faction that plotted against Julius Caesar after he had the Roman Senate declare him dictator for life, was that he was attempting to make himself a king, and a co-conspirator Cassius , enticed Brutus' direct descendant, Marcus Junius Brutus , to join

520-515: The Aquillii and Vitellii , who had benefited from the deposed regime. Valerius was informed of the plot by a slave, Vindicius . He personally investigated the conspiracy, sneaking into the Aquillius estate and finding incriminating evidence, based on which the consuls held a public trial. The conspirators, including two of Brutus' sons, were found guilty and executed. Valerius played a leading role in

572-643: The Gens Porcia in the 2nd century BC. We do not know their precise dates, but they seem to have ended summary execution of Roman citizens in the field and provinces and provided that citizens could escape sentences of death by voluntary exile . Cicero in the Republic (2.54) refers to three leges Porciae, but is not clear on their specific details. The Porcian Laws do not seem to have fully protected citizen soldiers from centurions ' vine staffs , as Tacitus mentions severe beatings continuing to be inflicted under

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624-550: The Orient . Lucius Junius Brutus Lucius Junius Brutus (died c.  509 BC ) was the semi-legendary founder of the Roman Republic , and traditionally one of its first consuls in 509 BC. He was reputedly responsible for the expulsion of his uncle the Roman king Tarquinius Superbus after the suicide of Lucretia , which led to the overthrow of the Roman monarchy . He

676-454: The Roman Republic , Rome had been ruled by kings . The account is from Livy 's Ab urbe condita and deals with a point in the history of Rome prior to reliable historical records (virtually all prior records were destroyed by the Gauls when they sacked Rome under Brennus in 390 BC or 387 BC). Modern historians have challenged almost every part of the traditional story from Livy: Some of

728-602: The Tarquinian conspiracy . Amongst the conspirators were two brothers of Brutus' wife, Vitellia, and Brutus' two sons: Titus Junius Brutus and Tiberius Junius Brutus. The conspiracy was discovered and the consuls determined to punish the conspirators with death. Brutus gained respect for his stoicism in watching the execution of his own sons, even though he showed emotion during the punishment. Following this, he either forced his co-consul Collatinus to resign or otherwise had him removed – either because of enmity to his relationship to

780-456: The Valerii were of Sabine origin, but settled in Rome during the reign of Titus Tatius , a contemporary of Romulus , and worked for the peaceful unification of both peoples. Valerius came from a wealthy family. His father was Volesus Valerius , and his brothers were Marcus Valerius Volusus and Manius Valerius Volusus Maximus . He had a daughter, Valeria, and possibly a son or grandson who

832-548: The Velian Hill . His death was mourned for an entire year. After Poplicola, many noted members of the Valerian gens were buried near the same spot. In 1977 an inscription was discovered in the ruins of the ancient town of Satricum. The Lapis Satricanus dates from the late 6th to early 5th centuries BC and bears the name Poplios Valesios , which would be rendered in Classical Latin as Publius Valerius. This does not prove

884-685: The allonym "Publius" in honor of Poplicola's role in establishing the Roman Republic . Following the Spanish–American War , a piece titled "The Duty of the American People as to the Philippines" was published under the pseudonym "Publicola". The author recommended the development of the Philippines to improve the lives of the Filipino people , as well as to further American trading interests in

936-459: The principate . 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. It was passed to define rape as forced sex against "boy, woman, or anyone" and the rapist was subject to execution. Men who had been raped were exempt from the loss of legal or social standing suffered by those who submitted their bodies to use for

988-499: The Tarquins or due to his lack of harshness in punishing the conspirators – and then presided over the election of a suffect consul, Publius Valerius Poplicola . Tarquinius again sought to retake the throne soon after at the Battle of Silva Arsia , leading the forces of Tarquinii and Veii against the Roman army. Valerius led the infantry, and Brutus led the cavalry. Arruns Tarquinius ,

1040-455: The Valerian and Porcian laws. 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 sacrilege . 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,

1092-523: 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 from the people via the Tribune of the Plebs 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

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1144-509: The Veientes again in the same year, although the reason is not stated. After the death of Brutus, Valerius was the sole surviving consul. Spurius Lucretius was chosen in place of Brutus, but he died after a few days, and was followed by Marcus Horatius Pulvillus . When Valerius began construction of a new house on top of the Velian Hill , which would be conspicuously visible from the Senate house ,

1196-476: The battle. During the siege, Poplicola executed a successful sally , defeating a Clusian raiding party. According to Plutarch, Poplicola negotiated a treaty with Porsena, ending the war. He gave the king hostages, including his daughter Valeria, whom Porsena protected from the Tarquins. In 506, when his brother Marcus was consul, the Sabines attacked Rome. Poplicola participated in two Roman victories, repelling

1248-398: The city barred; at the same time, the coup leaders won over the army and then expelled the king's sons. Tarquinius Superbus fled with his family into exile. In the aftermath following the overthrow Brutus is credited by later historians such as Tacitus as "establishing liberty and the consulate ". According to Livy, Brutus' first act after the expulsion of Lucius Tarquinius Superbus

1300-928: The conspiracy by referring to his ancestor. Lucius Junius Brutus is a leading character in Shakespeare's Rape of Lucrece , in Benjamin Britten's opera The Rape of Lucretia based on André Obey's play Le Viol de Lucrèce , and in Nathaniel Lee 's Restoration tragedy, Lucius Junius Brutus; Father of his Country . Before the Glorious Revolution , Nathaniel Lee's Lucius Junius Brutus was banned in December of 1680 for portraying the Whig cause (Protestantism, no royal prerogatives, encouragement to trade and industry, empire) as Roman republicanism. Lucius Junius Brutus (referred to simply as "Brutus")

1352-415: The first consuls of Rome (509 BC). Tradition says that this election was conducted by Spurius Lucretius Tricipitinus , whom Brutus had appointed as interrex in his position as tribunus celerum . Brutus' first acts during his consulship, according to Livy, included administering an oath to the people of Rome to never again accept a king in Rome (see above ) and replenishing the number of senators to 300 from

1404-478: The historicity of the narrative given by later Roman historians, but it does demonstrate that at least one prominent individual did indeed bear the name at the close of the 6th century. In The Federalist Papers , a collection of 85 essays promoting the adoption of the United States Constitution , written by Alexander Hamilton , James Madison , and John Jay in 1787–1788, the three statesmen used

1456-514: The invasion. The people rewarded Poplicola with a house on the Palatine Hill . In 505, the Latin League and the Sabines threatened Rome with a large army. Although diplomatic negotiations were halted, Poplicola meddled with the politics of the Sabines, assisting Attius Clausus , who moved to Rome with five hundred followers. Clausus became a Roman citizen under the name of Appius Claudius; he

1508-399: The king was campaigning away from the city, they deposed and banished Lucius Tarquinius Superbus , the seventh and last King of Rome . In place of the monarchy, they established a republic , together with the office of consul . Brutus and Collatinus were elected the first consuls. From exile, the Tarquins plotted the assassination of the consuls, together with some disaffected members of

1560-473: The king's son, led the Etruscan cavalry. The cavalry joined the battle and Arruns, having spied from afar the lictors , and thereby recognising the presence of a consul, soon saw that Brutus was in command of the cavalry. The two men, who were cousins, charged each other, and speared each other to death. The infantry also soon joined the battle, the result being in doubt for some time. The right wing of each army

1612-472: 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. The Porcian Laws ( Latin : Leges Porciae ) were three Roman laws broadening the rights of the Valerian law. They were enacted by members of

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1664-409: The leading dramatis personae – Lucretia, Brutus, Valerius Publicola, even Lars Porsenna – have been dismissed as figments of pure legend. The chronology has been challenged, with many scholars rejecting the traditional sixth-century date in favour of a later one - around 470 BC, or even after 450. Others have suggested that the transition from monarchy to republic was not a sudden revolution, but rather

1716-414: The people to the forum and exhorted them to rise up against the king. The people voted for the deposition of the king, and the banishment of the royal family. The leaders of the revolt were close relatives of the king: Brutus was the king's nephew and Lucius Tarquinius Collatinus was king's cousin. The king, who was conducting a war near and camped at Ardea , rushed to Rome on news of the coup, but found

1768-461: The people". Before the impending elections, Valerius filled up the ranks of the Senate, which had been severely reduced as a result of the revolution and the subsequent war. The consul also promulgated new laws, including the right of appeal ( provocatio ) from the decisions of a magistrate, and demanding the forfeiture of all the rights of anyone convicted of plotting to restore the monarchy. Poplicola

1820-428: The pleasure of others; a male prostitute or entertainer was infamis and excluded from the legal protections extended to citizens in good standing. As a matter of law, a slave could not be raped; he was considered property and not legally a person . The slave's owner, however, could prosecute the rapist for property damage. Yet this law, for all practical purposes, is only a restatement of the right of appeal present in

1872-421: The principal men of the equites . Later-day Romans attributed many institutions to Brutus, including: The new consuls also created a new office of rex sacrorum to carry out the religious duties that had previously been performed by the kings. During his consulship the royal family made an attempt to regain the throne, firstly by their ambassadors seeking to subvert a number of the leading Roman citizens in

1924-475: The son of the king Tarquinius Superbus. Lucretia, believing that the rape dishonoured her and her family, committed suicide by stabbing herself with a dagger after telling of what had befallen her. According to legend, Brutus grabbed the dagger from Lucretia's breast after her death and immediately shouted for the overthrow of the Tarquins. The four men gathered the youth of Collatia, then went to Rome where Brutus, being at that time Tribunus Celerum , summoned

1976-402: The time of his death, he was considered "by universal consent to be the ablest man in Rome, in the arts both of peace and war". He had little money, and so was buried at the public charge, and was mourned by the Roman matrons as had been done for Brutus before him. By decree, each citizen contributed a quadrans for the funeral. The remains of Poplicola were buried within the city of Rome, on

2028-432: The trial. After the trial, Brutus demanded that his colleague, Collatinus, resign the consulship and go into exile, as a member of the hated royal family, whom the people could not trust. Collatinus was stunned by this betrayal, as he had been one of the leaders of the rebellion following his wife Lucretia 's suicide because of her being raped by the king's son, Sextus Tarquinius . Nevertheless, he resigned, and Valerius

2080-412: Was also mortally wounded, but the Romans were ultimately victorious. Valerius collected the spoils of battle and returned to Rome, where he celebrated a triumph on March 1, 509 BC. His four-horse chariot subsequently became the traditional vehicle for a victorious Roman general. Then, Valerius held a magnificent funeral for Brutus, and gave a memorable speech. Livy wrote that Valerius fought

2132-406: Was also named Publius Valerius Poplicola who served as consul in 475 BC and 460 BC. Before holding public office, Valerius had spoken in defense of the plebs , the common people of Rome. In 509 BC, Valerius was one of the leaders of the Roman revolution, together with Lucius Junius Brutus , Lucius Tarquinius Collatinus , and Spurius Lucretius Tricipitinus . Winning over public opinion while

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2184-414: Was elected consul three more times, in 508, 507, and 504 BC. Horatius was his colleague again in 507, while his colleague in 508 and 504 was Titus Lucretius Tricipitinus . He was the first consul ever to be re-elected. In 508 BC, Lars Porsena , the king of Clusium , attacked Rome at the behest of Tarquin. According to Plutarch, both Poplicola and his colleague, Lucretius, were severely wounded during

2236-411: Was elected to replace him. Meanwhile, Tarquin, whose family was of Etruscan origin, obtained the support of the Etruscan cities of Tarquinii and Veii . At the head of an Etruscan army, Tarquin fought the consuls Brutus and Valerius at the Battle of Silva Arsia . Valerius commanded the Roman infantry, while Brutus led the cavalry. Arruns Tarquinius , the king's son, died in combat with Brutus, who

2288-453: Was eventually tried before the senators in Rome, on charges of extortion (Cic. Ver. 5.161-2). Publius Valerius Publicola Publius Valerius Poplicola or Publicola (died 503 BC) 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 . According to Livy and Plutarch ,

2340-455: Was involved in the abdication of fellow consul Tarquinius Collatinus , and executed two of his sons for plotting the restoration of the Tarquins . He was claimed as an ancestor of the Roman gens Junia , including Decimus Junius Brutus , and Marcus Junius Brutus , the most famous of Julius Caesar's assassins . Traditions about his life may have been fictional, and some scholars argue that it

2392-514: Was only a minor symptom of a much wider phenomenon, namely the decline of Etruscan power and the fall of an Etruscan empire in central Italy. According to Roman tradition, Brutus led the revolt that overthrew the last king, Lucius Tarquinius Superbus . The coup was prompted by the rape of the noblewoman Lucretia by a son of the king, Sextus Tarquinius ; Brutus was joined in this plotting by among others, Lucretia's father, Spurius Lucretius Tricipitinus and Publius Valerius Poplicola . Brutus

2444-718: Was slow-witted (in Latin brutus translates to dullard). He accompanied Tarquinius's sons on a trip to the Oracle of Delphi . The sons asked the oracle which of them was going to be Rome's next king. The Oracle of Delphi responded that the first among them to kiss their mother "shall hold supreme sway in Rome." Brutus interpreted "mother" to mean Gaia , so he pretended to trip and kissed the ground. Brutus, along with Spurius Lucretius Tricipitinus , Publius Valerius Poplicola , and Lucius Tarquinius Collatinus were summoned by Lucretia to Collatia after she had been raped by Sextus Tarquinius ,

2496-454: Was the Etruscan king Porsenna who overthrew Tarquinius. The plebeian status of the Junia gens has also raised doubts about his position as a consul and the alleged initial patrician domination of the office. Depicted as the nephew of Tarquinius, he may have symbolized the internal tensions that occurred during the transition between the monarchy and the republic. Prior to the establishment of

2548-602: Was the founder of the Claudii . When the Sabines attempted to besiege Rome, Poplicola successfully commanded the army, anticipating their movements and thwarting their plans. He was elected consul for the fourth time in 504 BC, and once again defeated the Sabines . He celebrated a triumph in May of that year. Publius Valerius Poplicola died in 503 BC, shortly after passing the consular office to his successors, Agrippa Menenius Lanatus and Publius Postumius Tubertus . Livy records that at

2600-417: Was the son of Tarquinia , daughter of Rome's fifth king Lucius Tarquinius Priscus and sister to Rome's seventh king Tarquinius Superbus. According to Livy, Brutus had a number of grievances against his uncle the king. Amongst them was the fact that Tarquinius had put to death a number of the chief men of Rome, including Brutus' brother. Brutus avoided the distrust of Tarquinius's family by feigning that he

2652-564: Was to bring the people to swear an oath never to allow any man again to be king in Rome. This is, fundamentally, a restatement of the 'private oath' sworn by the conspirators to overthrow the monarchy: There is no scholarly agreement that the oath took place; it is reported, although differently, by Plutarch ( Poplicola , 2) and Appian ( B.C. 2.119). Nevertheless, the spirit of the oath inspired later Romans including his descendant Marcus Junius Brutus . Brutus and Lucretia 's bereaved husband, Lucius Tarquinius Collatinus , were elected as

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2704-587: Was victorious, the army of Tarquinii forcing back the Romans, and the Veientes being routed. However the Etruscan forces eventually fled the field, the Romans claiming the victory. Some time during his consulship, he is supposed to have signed a treaty with Carthage and dedicated the Capitoline temple, reported in Polybius. This, along with the unanimous reporting of Roman sources, is the main evidence of his historicity. The surviving consul, Valerius, after celebrating

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