What are the valerio horatian laws?

Answer 1

The Leges Valeriae Horatiae were laws enacted by the consuls Marcus Horatius Barbatus and Lucius Valerius Potitus in 449 B.C and which were favourable to the plebeians (the commoners) who at the time were in bitter conflict with the patricians (the aristocracy) over the economic grievances of the poor and over power-sharing between patricians (who monopolised political power) and rich plebeians. These laws were introduced at the end of a plebeian rebellion which had been called the second plebeian secession. There were three Leges Valeriae Horatiae.

Lex Valeria Horatia de plebiscitis (of plebiscites) established that the resolutions passed by the plebiscites (votes of the Plebeian Council) were binding of all Roman citizens, including the patricians. The senate (which represented the patricians), had been rejecting the idea of the plebiscites being binding on the patricians because they were resolutions by the plebeians.

Two other laws, the Lex Pulbilia of 339 B.C. and the Lex Hortensia of 287 B.C. also established the same thing. Because of this some historians consider this law unhistorical and think that this kind of provision was introduced later. Other historians think that the presence of three similar laws was related to the acutoritas partum, a pronouncement by the senate which vetoed a law on the grounds of technicalities. According to one thesis, at the time of the Lex Valeria Hortensia the senate could veto by acutoritas partum after the laws was approved by a vote; with the Lex Publilia the senate could only veto at the bill stage, which weakened its power to disrupt legislation; finally the Lex Hortensia dispensed with the acutoritas partum.

The Lex Valeria Horatia de provocatio was one of three laws Leges Valeriae (plural of Lex Valeria) issued at different times by members of the Valeria family regarding the right of provocatio ad populum, a form of appeal to the Roman people by a citizen. The Lex Valeria of 509 B.C. established that no magistrate could whip or put to death a Roman citizen who appealed to the people. This appeal was invoked by shouting ego the provoco! This would lead to a trial by the poplar assembly which decided on whether to dispense capital punishment or to give a different sentence. In 450 B.C. the Law of the Twelve Tables established that only the Assembly of the Soldiers could sentence a citizen to death and forbade putting to death a citizen who had not been sentenced through due process (table XII). The Lex Valeria Horatia reinstated the right of provocation ad populum, which had been suspended during the government of the decemviri (a ten-men commission set up to draw up the Law of the Twelve Tables) and forbad the creation of new officer of state exempt from the provocatio.

Lex Valeria Horatia de tribunicia potestate established the inviolability of the representatives of the plebs, plebeian tribune. These tribunes were established during the rebellion of the first plebeian secession as the leaders of the plebeian movement. They were not recognised legally by the Roman state which was controlled by the patricians (the aristocracy) whose interests were often the opposite of those of the plebeians (the commoners). Therefore, the plebeians gave power to their tribunes by declaring them sacrosanct (inviolable) through the lex sacrata (sacred law). Festus explained that: "Sacred laws are laws which have the sanction that anyone who broke them becomes accursed to one of the gods, together with his family and property."

Those who harmed a sacrosanct person became sacer (accursed) through the declaration sacer esto! (let him be accursed). The offender was considered as having harmed the gods/a god, as well as the sacrosanct person and therefore accursed to the gods/a god. This meant that the offender became forfeit to the god(s) and on his death he was surrendered to the god(s) in question. The implication was that anyone who killed him was considered as performing a sacred duty and was immune from any penalties for this act.