Legal Definitions - lex Petronia

The lex Petronia was an ancient Roman law designed to protect slaves from extreme cruelty. It specifically prohibited slave owners from forcing their slaves to fight wild animals in public arenas unless they first obtained official permission from a Roman magistrate.

This law was enacted to prevent masters from arbitrarily subjecting their slaves to such dangerous and often fatal spectacles without any form of oversight or justification.

• Example 1: Direct Violation Without Authorization
  Imagine a wealthy Roman citizen, Lucius, who becomes enraged when his slave, Davus, accidentally breaks a valuable family heirloom. In a fit of anger, Lucius declares that Davus will be sent to the Colosseum to face a lion during the next public games. Lucius makes no attempt to consult with any public official or magistrate regarding this decision.

  This scenario illustrates a direct violation of the lex Petronia because Lucius is unilaterally deciding to send his slave to fight wild beasts without obtaining the mandatory authorization from a Roman magistrate. The law specifically aimed to prevent such arbitrary and dangerous commands.

• Example 2: Attempted Circumvention and Intervention
  Consider a master named Octavius, known for his harsh treatment of slaves. He decides to punish a slave named Felix, whom he suspects of theft, by arranging for Felix to fight a bear in a local amphitheater. Octavius attempts to bypass the official authorization process by secretly negotiating with an arena manager. However, another slave or a concerned citizen learns of Octavius's plan and reports it to the local Roman authorities before Felix can be sent to the arena.

  Here, the lex Petronia would be invoked to prevent Octavius's intended action. Even though Felix hasn't yet entered the arena, Octavius's intent to send him without proper magistrate authorization constitutes a plan to violate the law. The intervention by authorities, based on the lex Petronia, would stop the illegal act from occurring.

• Example 3: The Role of Magistrate Authorization
  Suppose a master, Cornelia, owns a slave named Brutus who has a history of violent outbursts and has seriously injured other household members. Cornelia believes that sending Brutus to the arena to fight a wild boar is a necessary measure for the safety of her family and household. Understanding the law, she formally petitions the local Roman magistrate, presenting her case and requesting official permission to send Brutus to the arena. The magistrate reviews the evidence, considers the severity of Brutus's actions, and ultimately grants Cornelia's request, but only under strict conditions and after a thorough investigation.

  This example demonstrates the lex Petronia by showing the process of seeking and, in this case, receiving authorization. It highlights that the law was not an absolute ban but rather a requirement for official oversight. The magistrate's approval, after due consideration, makes the action permissible under the law, whereas proceeding without such approval would have been a violation.