Legal Definitions - Macedonian Decree

The Macedonian Decree refers to an ancient Roman legal principle, more formally known as the Senatus Consultum Macedonianum. This decree, enacted by the Roman Senate, was designed to protect individuals who were under the legal authority of another person, typically a son or daughter under their father's patria potestas (paternal power).

The core of the Macedonian Decree was that it made loans of money to such dependent individuals legally unenforceable. This meant that if a lender provided money to a son or daughter who was still under their father's legal control, the lender could not sue to recover that debt, even after the son or daughter became legally independent (sui iuris). The only exception was if the loan was made with the express consent of the person holding legal authority over them. The decree aimed to prevent lenders from exploiting young, dependent individuals and to safeguard family assets from irresponsible borrowing.

• Example 1: A Roman Son's Debts

  Imagine a young Roman man named Lucius, still under his father's legal authority, who develops a gambling problem. He borrows a significant sum of money from a local moneylender, Gaius, to cover his losses, without his father's knowledge or consent. Gaius, hoping to profit from high interest rates, lends the money, knowing Lucius is still legally dependent.

  How it illustrates the term: Under the Macedonian Decree, Gaius would be unable to legally recover the debt from Lucius. Even if Lucius later became independent, the decree would prevent Gaius from suing him for repayment because the loan was made while Lucius was under his father's authority and without his father's consent. This demonstrates how the decree protected dependent individuals from incurring enforceable debts.

• Example 2: A Lender's Risk

  A wealthy Roman citizen, Marcus, lends a substantial amount to a young woman, Julia, who is still legally subject to her father's authority. Marcus believes Julia will inherit a large sum and intends to collect the debt with interest once she is independent. He does not seek or obtain her father's consent for the loan.

  How it illustrates the term: The Macedonian Decree places the risk squarely on Marcus, the lender. Because he failed to obtain Julia's father's consent, the loan is legally unenforceable against Julia. This highlights how the decree shifted the burden of due diligence onto lenders, requiring them to ensure the borrower had the legal capacity or necessary consent to incur a valid debt.

• Example 3: Protecting Family Assets

  A Roman family's estate is substantial, but the father is concerned about his adult son's extravagant spending habits. The son attempts to secure a large loan from a merchant, promising future repayment from his expected inheritance. The merchant, aware of the son's dependency and the father's disapproval, still considers making the loan.

  How it illustrates the term: The Macedonian Decree would serve as a protective barrier for the family's assets. Even if the merchant were to make the loan without the father's consent, the debt would be unenforceable. This illustrates the decree's broader purpose of protecting the family unit and its patrimony from being diminished by the unauthorized debts of dependent members.