Lex Caecilia Didia
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The ''lex Caecilia Didia'' was a law put into effect by the
consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
Q. Caecilius Metellus Nepos and Titus Didius in the year 98 BC. This law had two provisions. The first was a minimum period between proposing a
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
and voting on it, and the second was a ban of miscellaneous provisions in a single Roman law. This law was reinforced by the '' lex Junia Licinia'' in 62 BC, an umbrella law introduced by Lucius Licinius Murena and Decimus Junius Silanus.


Provisions

The
Bobbio Scholiast The Bobbio Scholiast (commonly abbreviated ''schol. Bob.'') was an anonymous scholiast working in the 7th century at the monastery of Bobbio and known for his annotations of texts from classical antiquity. He is a unique source for some information ...
describes the first provision: "The Caecilian and Didian law decreed that the period of ''trinundium'' be observed for promulgating laws." The ''lex Caecilia Didia'', then, determined how much time had to be allowed between the publication of a law and its vote in the assembly.Berger, Adolf. ''Encyclopedic Dictionary of Roman Law''. ''Transactions of the American Philosophical Society'' Vol II, No. 43, 1953. pp. 548, 546. The period of time designated by ''trinundium'' has been taken to mean either three Roman eight-day weeks (that is, 24 days) or ''tertiae nundinae'', on the third market-day (17 days). The second provision of the ''lex Caecilia Didia'' forbade ''leges saturae'', "stuffed" laws, which were statutes dealing with heterogeneous subject matters. This meant that in a single Roman bill, there could not be a collection of unrelated measures — what might in modern terms be called
omnibus bill An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. ''Omnibus'' is derived from Latin and means "to, for, by, with or from everything". An omnibus bill is a single document that is accepted in a single vote by a ...
s.
Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the esta ...
gave an interpretation of the law in his ''Oratio de domo sua'' ("Speech concerning His House") after his return from exile: "What other force, what other meaning, I should like to know, has the Caecilian and Didian law, except this; that the people are not to be forced in consequence of many different things being joined in one complicated bill." It did not take long for the ''lex Caecilia Didia'' to be put into action. Most significantly, in 91 BC the consul Lucius Marcius Philippus, in his capacity as an augur, managed to have the laws of the tribune Marcus Livius Drusus the Younger abrogated on the grounds that they contravened the second provision of the ''lex Caecilia Didia''. This act is often seen as a major contributory factor in the outbreak of the
Social War (91–88 BC) Social War may refer to: * Social War (357–355 BC), or the War of the Allies, fought between the Second Athenian Empire and the allies of Chios, Rhodes, and Cos as well as Byzantium * Social War (220–217 BC), fought among the southern Greek sta ...
.


Political background

The ''lex Caecilia Didia'' was a direct response to the events of 100 BC and an attempt to reduce hasty legislation passed in the ''
comitia The legislative assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people (and thus the assemblies) who had the final say regarding the election ...
''. In that year,
Gaius Marius Gaius Marius (; – 13 January 86 BC) was a Roman general and statesman. Victor of the Cimbric and Jugurthine wars, he held the office of consul an unprecedented seven times during his career. He was also noted for his important refor ...
gained his sixth term as consul. Under Marius, the popularist
tribune Tribune () was the title of various elected officials in ancient Rome. The two most important were the tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs acted as a check on th ...
Saturninus and the
praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...
Glaucia In Greek mythology, Glaucia (Ancient Greek: Γλαυκία) was a daughter of the Trojan river god Scamander. Mythology When Heracles went to war against Troy, Deimachus, a Boeotian, one of the companions of Heracles, fell in love with Glaucia. B ...
proposed and passed liberal land laws assigning land in the province of Africa to Marius’s veterans. However, the radical nature of these bills and the forcible methods Saturninus and Glaucia used in ensuring their passage alienated a large part of the Roman people and eventually even Marius. As a result Saturninus’s laws were repealed, and the ''lex Caecilia Didia'' was introduced. The goal was to curb the passage of radical bills, with the assumption that the period of ''trinundium'' would give the citizens time to understand the proposed law or to be persuaded to vote against it.Abbot, Frank Frost. ''A History and Description of Roman Political Institutions''. Boston: Ginn, 1901. pp. 100.


Bibliography


See also

*
Roman Law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
* List of Roman laws {{Italic title Roman law 1st century BC in the Roman Republic 98 BC 1st century BC in law