Legal Definitions - lex Publilia

Lex Publilia was a significant Roman law that fundamentally changed the legislative process by making decisions passed by the assembly of common citizens (known as the plebs) legally binding without requiring the prior approval of the aristocratic Senate.

Before the Lex Publilia, any resolution passed by the plebeian assembly (a "plebiscitum") still needed the Senate's endorsement to become full law. This gave the patrician-controlled Senate a powerful veto over the will of the common people. The Lex Publilia, enacted in 339 B.C., removed this requirement, thereby empowering the plebs and significantly reducing the Senate's ability to obstruct or reject legislation favored by the majority of Roman citizens.

Here are some examples illustrating the impact of the Lex Publilia:

• Example 1: Public Land Distribution

  Imagine the plebeian assembly, concerned about land inequality, passes a resolution to redistribute a portion of public land to landless citizens. Before the Lex Publilia, even with overwhelming support from the common people, this resolution could be easily blocked if the patrician-dominated Senate simply withheld its approval. After the Lex Publilia, the plebeian assembly's decision to redistribute public land would automatically become a binding law, compelling its implementation without needing any senatorial endorsement. This demonstrates how the law directly enabled the common citizens to enact policies that served their interests, bypassing aristocratic obstruction.

• Example 2: Regulation of Market Prices

  Consider a situation where the common citizens are struggling with excessively high food prices due to speculation by wealthy merchants. The plebeian assembly votes to enact a law setting maximum prices for essential goods to protect consumers. Prior to the Lex Publilia, the Senate, which might include many of these wealthy merchants or their allies, could refuse to sanction such a law, rendering the plebs' efforts ineffective. With the Lex Publilia in force, the assembly's decision to regulate market prices would immediately carry the full force of law, ensuring that the economic concerns of the common people could be addressed directly through legislation.

• Example 3: Eligibility for Public Office

  The Lex Publilia also played a role in opening up high public offices to plebeians. Suppose the plebeian assembly wished to ensure that a plebeian could be elected to a prestigious and powerful position, such as a consul (one of the two chief magistrates of the Roman Republic). Before this law, even if the plebeian assembly voted for such a measure, the patrician element in the Senate could potentially use their approval power to obstruct or invalidate the outcome. The principles established by the Lex Publilia, by reducing the Senate's ability to veto plebeian enactments, helped solidify the right of plebeians to hold such offices, strengthening their political representation and influence within the Roman state.