
"To someone seeking power, the poorest man is the most
useful."
Sallust
Clodius began his tribuniciate on its first day with the
introduction of four proposed laws to the senate. These were called,
" quattuor leges perniciosae" by Asconius. Their purpose
was quite transparent to all. The first two were obviously designed to
further increase the political power of Clodius with the people, the
third was an attempt to stop legislation by Clodius being blocked by
augury. The fourth was a sop to the senate as well as a method of Clodius
for preventing his being dropped from his office by the censor. The entire
package was a brilliant move. Each law was of real benefit to the people
or the senate while at the same time adding to and protecting the personal
power of Clodius.The senate was in a state of seige. The gangs of Clodius
were poised in the streets. All four laws were enacted. The following
are the first four laws of Publius Clodius Pulcher.
LEX DE COLLEGIIS
In 64 the senate had passed a law that allowed it to abolish
whichever collegia it deemed to be subversive to the state. At the
same time it banned the popular celebration of The
Ludi Compitalicii celebrated in the streets in connection
with The Lares
Compitales. These
observances were very important to the people and for many the only way
to achieve social standing within their communities. Clodius had long
used gangs of plebeians as a violent tool against the senate and enlisting
an entire collegium enhanced the effectiveness of this technique, but
the danger of abolishment by the senate was a likelihood. This law would
make that impossible . Furthermore, the law provided for the enrollment
of any new collegia which Clodius could propagate. We see here a perfect
example of the popularist politician giving power to the people for his
own use. The Roman Senate saw it at least as clearly as we do. To
increase the power of Clodius to intimidate the senate with civil violence
would have been illogical, yet to vote against the act would have at
once, had the same violent effect that they wished to avoid. Clodius
had created a conundrum which seemed to have no immediate solution.
LEX FRUMENTARIA
With the lex frumentaria Clodius bought the loyalties of
the people outright. This law provided free of charge 5 modii (approx.1
bushel plus 1 peck) a month of grain to every Roman citizen over the
age of 10. Although the price of grain had been for some time, subsidized
by the state, it was now to become a national dole. At a stroke Clodius
freed the plebeians from fear of famine. His position in the minds of
the people would be unassailable. He knew it and the senate knew it.
He had the senate in a strangle hold and there was nothing they could
do about it. No one would dare to vote against this bill and hope to
go into the streets of Rome again, no one but Cicero, the only dissenting
vote. The cost to Rome would be about 108 million sesterces per year
to feed 300 thousand citizens. This was a large amount but the government
had already been paying a part of the cost and the increase would be
well within what Rome could afford at the time. There was more to be
gained by Clodius than meets the eye. He would implement the new law
and in doing so control the grain market in the city even after his tribuniciate.
LEX DE AGENDO CUM POPULO
This third law has caused a great deal of discussion among
scholars over the years. Indeed, there is still no real consensus about
it. It is certain that it would have made political assembly and legislation
lawful on dies fasti and further allowed the senate to operate
in the period between the announcement of elections and the elections
themselves. This would have been popular with the senators and may be
seen as sweetening the legislative package. There is however a distinct
benefit to Clodius as always, in that it would allow him to pass legislation
intended to sway a vote in the last days before an election. Others of
course, could make use of this new campaigning tool.
The second part of the law has to do with limiting the
power of Obnuntiatio which had several times been used to obstruct
legislation by the claims of inauspicious omens. Although Cicero says
that Clodius did away with this religious tradition, it is only Ciceronian
hyperbole. The law only makes it imperative that the obnuntiatio be
presented in person before the senate. This seems to prevent a re occurrence
of the fiasco of the year of Bilbus when he spent a whole year in his
house obstructing the business of the senate by sending lictors to announce
that he considered every day to be inauspicious. According to the new
law, he would have had to appear before the senate in person. It is most
certainly an improvement over the old law and would work to the benefit
of the entire senate. This was a law which was useful to the legislative
process of the senate and they recognized it as such.
LEX CLODIA DE CENSORIA NOTIONE
Here was the reward to the senate for passing the entire
package. With one stroke, Clodius removed the sword which hung over all
persons in public office. It restricted the power of the censor to arbitrarily
remove him from office. It did not destroy the office, as Cicero contends,
but rather required a hearing and witnesses. It made the removal not
a personal choice, but rather a legal action governed by rules. In the
senate, this was tantamount to the lex frumentaria in the streets. There
was no person in public office who would object to this. Of course, it
applied to Clodius as well. In the end, the brother of Clodius became
censor after his death and by the rules of this law dropped Milo from
the senatorial roles.
The law in Rome, was a malleable thing. Laws made could
be undone by later legislators. The Lex Frumentaria would be undone
and then reinstated to last through the larger part of the history of
Rome. Perhaps the motive for it was not the best , yet the result was
most certainly to the benefit of the people. Censorial powers would later
be restored, but the power of abnuntiatio would never be the
same. The mark left upon Rome by Clodius was not at all negative. Even
the bloody civil disturbances by the Clodiani had a positive
effect. In theory, under a republic all power is vested in the people
and wielded by their elected representatives. The power of the people
was made saliently manifest in the time of Clodius. It would not last
much longer. Augustus was careful of it. After that it was ended. The
people may rule in theory, but legions rule in practice. In the end it
was the sword which ruled, not the senate, nor even the replaceable
imperator. Clodius shows no monarchial aspirations, He wanted to be the
most powerful, but always within the tradition of republicanism. In this,
he was the last of the republicans.Caesar would follow and after him
The Augustus.
|