Lecture 11 - Classics 37A

Page 3: Rome vs. Veii

• Rome engaged in three pivotal wars with Etruscan city-state Veii during the 5th century.

• Victory over Veii in 396 BCE resulted in considerable territorial expansion.

• Marcus Furius Camillus celebrated as a significant hero in this victory.

• Setbacks followed with the Gallic invasion in 387 BCE; Rome had to pay to secure peace.

• Triumph: Ceremonial process for Roman generals acknowledging success, culminating at the Temple of Jupiter Optimus Maximus.

Page 4: Shift in Focus

• Transition from military to social history.

• Notable issues in the Conflict of the Orders:

  • Debt, food scarcity, land disputes.

• Nexum: A type of debt bondage differing from chattel slavery.

• Contrast with the client-patron relationship.

Page 5: Legal Developments

• The Twelve Tables: Codification of Roman law crucial for patrician-plebeian relations.

• Legislative reforms of the 4th and 3rd centuries empowered the plebs:

  • Licinio-Sextian Laws (367 BCE)

  • Hortensian Law (287 BCE)

• Consequences of these laws included the emergence of a new nobility and enhanced Senate power.

Page 6: Social Structure

• Society divided primarily into patricians (nobility by birth) and plebs (a diverse group).

• Patricians claimed descent from important ancestors; plebs included wealthy non-nobles, craftsmen, farmers, and the poor.

• Patricians maintained exclusive priesthoods; initial doubt about plebs' eligibility for consulship.

• Concession: First secession in 494 BCE allowed plebs to elect tribunes to represent them.

Page 7: Plebeian Progress Overview

• Plebs gained power, representation, and a role in legislation over time.

• Initially, reforms tended to favor wealthier plebs. Gross inequalities persisted, leading to long-term instability.

• Gracchi brothers' subsequent reforms (late 2nd century BCE) catalyzed civil wars, laying foundations for the Republic's decline.

Page 8: Major Plebeian Issues

• Core issues motivating political action in Republican Rome:

  • Debt (nexum prevalent in early Republic)

  • Land monopolized by wealthy families.

  • Grain prices soared due to shortages, risking famine among the poor.

• Interactions among these issues often heightened individual crises, leading to debt-bondage.

Page 9: Understanding Nexum

• Nexum: A form of debt-bondage initiated when an indebted individual sold himself to creditors.

• Seen as alternative measures to more brutal creditor options like execution or selling into slavery beyond Rome.

• Most common slaves stemmed from war captives or their dependents; formal slavery within the city was limited.

Page 10: Economic Context of Nexum

• Roman wars were primarily smaller scale, limiting the influx of war-captive slaves.

• As Rome expanded, and military might grew, so did the population of slaves.

• Nexum was increasingly viewed as a method for wealthy landowners to retain labor, reflecting social and economic realities of early Rome.

Page 11: Institutional Characteristics of Debt-Bondage

• Defined as an exploitation mechanism in agrarian societies lacking free labor markets.

• Cornell’s analysis positions nexum within archaic complex social structures characterized by poverty and inequality, aimed at providing labor for landowners.

Page 12: Clarification on Nexum

• Nexum not simply a coincidence; rather, an institutional measure to maintain labor for wealthy landowners.

• Comparable practices existed in other agrarian societies like Athens, which outlawed nexum through Solonic reforms.

• Differentiates from slavery; individuals in nexum retained citizenship and their homes.

Page 13: Nexum vs. Patronage

• Distinction between nexum and patronage:

  • Patronage: More informal relationships where wealthy patrons provided support to clients.

  • Clients expected to reciprocate by assisting patrons, including in electoral contexts.

Page 14: Complexity of Patronage

• Patronage was prevalent, allowing for complex tier relationships among individuals.

• A non-hierarchical alliance termed amicitia indicated semi-formal friendships.

Page 15: Patronage Extension

• By the late Republic, patronage included relations with allied cities and within powerful states.

• Patronage relationships, while voluntary, also had compulsory elements for freed slaves.

Page 16: The Twelve Tables Development

• Post-first secession led to the formation of the decemviri in 451 BCE for law codification.

• Alleged Athens trip influenced Roman legal sophistication, reflective of Greek models.

Page 17: Impact on Plebs

• Appointment of decemviri viewed as a response to plebeian pressure; written laws provided leverage against arbitrary patrician rule.

• Transformation from customary laws, previously manipulable by patricians.

Page 18: Nature of the Twelve Tables

• Not a comprehensive legal code but covered significant areas:

  • Family, marriage, property transfer, personal injury, debt, and nexum.

Page 19: Significance and Preservation

• Tables displayed publicly in the Forum to ensure visibility.

• Only fragments survive today;

  • Examples appear cryptic yet insightful to understanding early law.

Page 20: Historical Contextualization

• First decemviri produced 10 tables; second group produced 2 more with tyrannical reputation (e.g., Appius Claudius).

• Notable narrative involving Verginia and parallels to earlier traditions of sacrifice for Roman integrity.

Page 21: Expectation vs. Reality

• Plebeians likely disappointed by the Twelve Tables, as they mostly codified existing customs.

• Formalized prohibitions on important social structures such as intermarriage, which was initially disliked by plebs but repealed in Lex Canuleia.

Page 22: Further Plebeian Grievances

• Continued grievances led to additional secessions in 449 and 287 BCE.

• Ongoing legislative reform was necessary as grievances remained unaddressed.

Page 23: Licensing Significant Legislation

• Key laws included:

  • Licinio-Sextian Laws (367 BCE): Addressed consulship accessibility, land ownership, and debt repayment.

  • Hortensian Law (287 BCE): Established the binding nature of plebiscites without Senate approval.

Page 24: Elements of the Licinio-Sextian Laws

• Proposed by tribunes Lucius Sextius Lateranus and Gaius Licinius Stolo, addressed:

  • Loan payments structured for installments to aid debtors.

  • Regulation on public land ownership to curb monopolization.

  • Mandated annual plebeian consulship.

Page 25: Resistance and Passage

• Notable opposition from patricians delayed legislation; tribune vetoes stalled consular elections resulting in effective "anarchy."

• Consuls could veto lower magistrates, yet tribunes could veto consular elections.

Page 26: Conclusion of Legislative Struggles

• Ultimately, all elements of the Licinio-Sextian Law passed in 367 BCE; transform consulship access become the core reform.

Page 27: Ongoing Issues Post-Reform

• Despite reforms, debt remained a concern into the 4th century; nexum abolished only later.

• Inequities persisted, leading to future legislation revisiting land-use concerns (e.g., Tiberius Gracchus).

Page 28: The Hortensian Law

• Lex Hortensia (287 BCE) recognizes plebiscites binding on all Romans, ending initial Conflict of Orders.

• Shift from earlier stipulations requiring senatorial approval for plebiscites.

Page 29: Expansion of Plebeian Rights

• Legislation in 300 BCE allowed plebs access to priestly positions.

• By 287 BCE, plebs held key magistracies, and plebiscites became primary law-passing method in Rome.

Page 30: Illusion of Improvement

• Legislative advances did not translate to improved plebeian living standards.

• Economic and political reality meant wealthier plebs benefit the most from reforms.

Page 31: Formation of the New Nobility

• New legislation created a competitive oligarchy combining wealthy plebs and patricians, shifting political dynamics.

• Beneficiaries of reforms often just a select group of influential plebeian leaders aligned with patricians.

Page 32: Ongoing Integration

• Plebeians became politically absorbed in state mechanisms, with successful tribunes aligning with senatorial objectives.

• Plebiscites became tools for new ruling class interests.

Page 33: Senate Transparency

• While plebiscites didn't require senate endorsement, political maneuvering remained.

• Lex Genucia of 342 BCE limited consuls from serving consecutive terms, reducing plebeian influence.

• Emergence of genuinely supportive tribunes would later affect the Republic's stability.