Lex Cincia de donis et muneribus was a law reportedly passed in 204 BC by the tribune Marcus Cincius Alimentus, so documented in Livy.[1][2] Few provisions of the law are known. One prohibited someone from giving an orator a gift to plead a case. Another limited the value of gifts that could be exchanged between different groups of people. It was passed in the aftermath of the second Punic war, probably for the purpose of reining in aristocratic families' demands for gifts from clients. It may also be related to a similar law, the lex Fufia testamentaria, which limited inheritances of non-blood relatives to 1,000 asses.[3]
Cicero was a famous and well-regarded orator and advocate in the courts of the late republic. He also violated the lex Cincia in taking gifts and other remuneration for his legal services.
The law was passed in the aftermath of the Second Punic War. Per Cicero, the law was proposed in 204 BC by Marcus Cincius Alimentus as a plebiscite, with the support of the famous senator Quintus Fabius Maximus Verrucosus, who spoke in favour of it.[4]
Most scholars believe that the purpose of the law was not to limit consumption (a sumptuary law), but rather, was intended (as reported by Livy) to restrict the ability of patrons to extract gifts from their clients for various services.[5] In this context, the lex Cincia has been connected to the lex Fufia testamentaria (prohibiting bequests in wills of more than 1,000 asses to non-blood relatives) and the lex Publicia (restricting the value of gifts given on Saturnalia).[3][6]
Legal effectedit
The most important effect of the law, in retrospect, was its prohibition on the giving of gifts in exchange for legal advocacy or services.[7] The other main effects were those on gift-giving in general: gifts to those outside a rather large circle of exempted persons with amount greater than that set in the statute were prohibited.[8] A fragment of the law in a commentary on the praetorian edict by Julius Paulus dealt with the exceptions: gifts between blood relatives, up to the fifth degree, were excepted, persons under the power of a pater familias (eg children-in-power, wives given into the husband's power, and some freedmen) could also exchange gits within that family. Transfers to and from slave peculia were also exempted, as were gifts as part of dowries.[9] However, the law was imperfecta, as the law made no provisions to nullify any gifts given in violation of its provisions; gifts to lawyers, however, later was attached with a fine.[10]
The law itself was administered by the praetor, who could grant an pleadable defence to a defendant who was being sued on the promise of a gift not yet handed over.[11] Regardless, by the late republic, the law's provisions were largely ignored by advocates: famous advocates such as Hortensius and Cicero made fortunes from their legal work. Hortensius was given an ivory sphinx for his defence of Gaius Verres even though Verres was convicted; Cicero, for defending Publius Cornelius Sulla from charges of being part of the Catilinarian conspiracy, was lent two million sesterces on generous terms so he could purchase a house on the Palatine hill. Cicero was shortly thereafter lent millions more by Gaius Antonius Hybrida (his consular colleague in 63 BC) for an unsuccessful defence on charges of corruption.[12][13]
In a letter to his friend Atticus, Cicero also joked about how a gift of books from Lucius Papirius Paetus had been approved after consultation with their mutual friend Cincius: "the joke here is that Cicero could not legally accept [it]... but since 'Cincius' himself said it was all right, Cicero pretends to have won an exemption ... the fact is that [Cicero] knows he is breaking the law and contrives a facetious and transparent excuse".[14] Cicero and others similarly received bequests from wealthy clients.[15] Few Romans – Cato the Elder and Pliny the Younger are so attested – actually followed the law's provisions.[16]
Fateedit
During the reign of Augustus, the penalty for legal services was set at four times the value of the gift itself.[17] Further action was taken by later emperors to limit lawyers' fees: Claudius capped fees to ten thousand sesterces; the later Edict on Maximum Prices issued during the reign of Diocletian similarly attempted to cap advocate fees.[18]
^Curchin 1983, pp. 42–43, analysing and commenting on Cic. Att., 1.20.7.
^Curchin 1983, p. 43, citing, Boren, Henry C (1961). "The sources of Cicero's income: some suggestions". The Classical Journal. 57 (1): 17–24. ISSN 0009-8353.
^Curchin 1983, p. 38 n. 2, citing, Tac. Ann. 11.7, 13.5; Plin. Ep. 5.9.3, 5.13.8; Suet. Ner. 17.
Sources
Candy, Peter (2018-02-26). "lex Cincia on gifts". Oxford Research Encyclopedia of Classics. Oxford University Press. doi:10.1093/acrefore/9780199381135.013.8262. ISBN978-0-19-938113-5. Retrieved 2022-10-06.
Curchin, Leonard A (1983). "The lex Cincia and lawyers' fees under the Republic". Echos du monde classique: Classical views. 27 (1): 38–45. ISSN 1913-5416.
McGinn, Thomas AJ (2015). "The expressive function of law and the lex imperfecta" (PDF). Roman Legal Tradition. 11: 1–41. ISSN 1943-6483.
Stein, P (1985). "Lex Cincia". Athenaeum. 63. Pavia: 145ff.
External linksedit
Entry from Harry Thurston Peck, "Harpers Dictionary of Classical Antiquities" (from the Perseus Project)
April 11, 2024
cincia, donis, muneribus, reportedly, passed, tribune, marcus, cincius, alimentus, documented, livy, provisions, known, prohibited, someone, from, giving, orator, gift, plead, case, another, limited, value, gifts, that, could, exchanged, between, different, gr. Lex Cincia de donis et muneribus was a law reportedly passed in 204 BC by the tribune Marcus Cincius Alimentus so documented in Livy 1 2 Few provisions of the law are known One prohibited someone from giving an orator a gift to plead a case Another limited the value of gifts that could be exchanged between different groups of people It was passed in the aftermath of the second Punic war probably for the purpose of reining in aristocratic families demands for gifts from clients It may also be related to a similar law the lex Fufia testamentaria which limited inheritances of non blood relatives to 1 000 asses 3 Contents 1 Motivation 2 Legal effect 3 Fate 4 See also 5 References 6 External linksMotivation edit nbsp Cicero was a famous and well regarded orator and advocate in the courts of the late republic He also violated the lex Cincia in taking gifts and other remuneration for his legal services The law was passed in the aftermath of the Second Punic War Per Cicero the law was proposed in 204 BC by Marcus Cincius Alimentus as a plebiscite with the support of the famous senator Quintus Fabius Maximus Verrucosus who spoke in favour of it 4 Most scholars believe that the purpose of the law was not to limit consumption a sumptuary law but rather was intended as reported by Livy to restrict the ability of patrons to extract gifts from their clients for various services 5 In this context the lex Cincia has been connected to the lex Fufia testamentaria prohibiting bequests in wills of more than 1 000 asses to non blood relatives and the lex Publicia restricting the value of gifts given on Saturnalia 3 6 Legal effect editThe most important effect of the law in retrospect was its prohibition on the giving of gifts in exchange for legal advocacy or services 7 The other main effects were those on gift giving in general gifts to those outside a rather large circle of exempted persons with amount greater than that set in the statute were prohibited 8 A fragment of the law in a commentary on the praetorian edict by Julius Paulus dealt with the exceptions gifts between blood relatives up to the fifth degree were excepted persons under the power of a pater familias eg children in power wives given into the husband s power and some freedmen could also exchange gits within that family Transfers to and from slave peculia were also exempted as were gifts as part of dowries 9 However the law was imperfecta as the law made no provisions to nullify any gifts given in violation of its provisions gifts to lawyers however later was attached with a fine 10 The law itself was administered by the praetor who could grant an pleadable defence to a defendant who was being sued on the promise of a gift not yet handed over 11 Regardless by the late republic the law s provisions were largely ignored by advocates famous advocates such as Hortensius and Cicero made fortunes from their legal work Hortensius was given an ivory sphinx for his defence of Gaius Verres even though Verres was convicted Cicero for defending Publius Cornelius Sulla from charges of being part of the Catilinarian conspiracy was lent two million sesterces on generous terms so he could purchase a house on the Palatine hill Cicero was shortly thereafter lent millions more by Gaius Antonius Hybrida his consular colleague in 63 BC for an unsuccessful defence on charges of corruption 12 13 In a letter to his friend Atticus Cicero also joked about how a gift of books from Lucius Papirius Paetus had been approved after consultation with their mutual friend Cincius the joke here is that Cicero could not legally accept it but since Cincius himself said it was all right Cicero pretends to have won an exemption the fact is that Cicero knows he is breaking the law and contrives a facetious and transparent excuse 14 Cicero and others similarly received bequests from wealthy clients 15 Few Romans Cato the Elder and Pliny the Younger are so attested actually followed the law s provisions 16 Fate editDuring the reign of Augustus the penalty for legal services was set at four times the value of the gift itself 17 Further action was taken by later emperors to limit lawyers fees Claudius capped fees to ten thousand sesterces the later Edict on Maximum Prices issued during the reign of Diocletian similarly attempted to cap advocate fees 18 See also editRoman Law List of Roman lawsReferences editCitations Stein 1985 p 145 Cf Tac Ann 11 5 Cic Orat 2 71 286 Att 1 20 7 Liv 34 4 9 Curchin 1983 p 44 a b Candy 2018 Stein 1985 p 145 Candy 2018 citing Cic De or 2 71 286 Sen 4 10 Candy 2018 citing Liv 34 4 9 McGinn 2015 pp 33 et seq Candy 2018 Curchin 1983 McGinn 2015 p 33 Candy 2018 Candy 2018 citing Ulp Reg 1 2 Stein 1985 p 145 Curchin 1983 pp 40 42 Ps Sall Cic 4 5 Cic Att 1 12 1 14 7 Curchin 1983 pp 42 43 analysing and commenting on Cic Att 1 20 7 Curchin 1983 p 43 citing Boren Henry C 1961 The sources of Cicero s income some suggestions The Classical Journal 57 1 17 24 ISSN 0009 8353 Curchin 1983 p 45 Candy 2018 citing Dio 54 18 2 Curchin 1983 p 38 n 2 citing Tac Ann 11 7 13 5 Plin Ep 5 9 3 5 13 8 Suet Ner 17 SourcesCandy Peter 2018 02 26 lex Cincia on gifts Oxford Research Encyclopedia of Classics Oxford University Press doi 10 1093 acrefore 9780199381135 013 8262 ISBN 978 0 19 938113 5 Retrieved 2022 10 06 Curchin Leonard A 1983 The lex Cincia and lawyers fees under the Republic Echos du monde classique Classical views 27 1 38 45 ISSN 1913 5416 McGinn Thomas AJ 2015 The expressive function of law and the lex imperfecta PDF Roman Legal Tradition 11 1 41 ISSN 1943 6483 Stein P 1985 Lex Cincia Athenaeum 63 Pavia 145ff External links editThe Roman Law Library incl Leges Entry from Harry Thurston Peck Harpers Dictionary of Classical Antiquities from the Perseus Project Retrieved from https en wikipedia org w index php title Lex Cincia amp oldid 1213747165, wikipedia, wiki, book, books, library,
