Legal Definitions - senatus consultum Macedonianum

The senatus consultum Macedonianum was a significant decree issued by the Roman Senate during the reign of Emperor Vespasian (69-79 A.D.). Its primary purpose was to protect fathers and their family estates from the financial recklessness of their adult sons who were still legally under their father's authority (known as filius-familias).

Specifically, this decree made it legally impossible for lenders to recover money loaned to a filius-familias. This meant that if a son borrowed money, even with the promise of repayment upon his father's death or from his future inheritance, the lender had no legal claim or action to get their money back, regardless of whether the father was still alive or had passed away. The law was named after a man named Macedo, whose excessive borrowing and the potential for tragic consequences (such as instigating a debtor to harm his father for inheritance) highlighted the need for such a protective measure. The aim was to discourage moneylenders from extending credit to sons who might be tempted to accumulate debt in anticipation of their inheritance, thereby safeguarding family assets and preventing potential social harms.

Here are some examples illustrating the application of the senatus consultum Macedonianum:

• Example 1: The Aspiring Entrepreneur

  Marcus, an adult son still under his father's legal power, wanted to invest in a speculative trading venture. His father, a cautious businessman, refused to provide the funds. Undeterred, Marcus approached a moneylender, promising a significant return once he inherited his father's substantial estate. The moneylender, aware of the father's wealth, provided the loan. However, under the senatus consultum Macedonianum, if Marcus's venture failed, the moneylender would have no legal recourse to recover the loan from Marcus or his father's estate, even after the father's death. The law protected the father's assets from such unauthorized and risky ventures by his son.

• Example 2: The Lavish Lifestyle

  Lucius, a young man enjoying a privileged life, frequently spent beyond his means, relying on his father's wealth. To maintain his extravagant habits, he borrowed heavily from various lenders, assuring them that his father's imminent passing would ensure repayment from his inheritance. The senatus consultum Macedonianum would render these loans unenforceable. Even if Lucius's father died shortly after the loans were made, the lenders could not sue Lucius or the estate to recover their money. This discouraged lenders from enabling such profligate behavior and protected the family's inheritance from being depleted by the son's debts.

• Example 3: The Secret Debt

  Gaius, a filius-familias, secretly accumulated significant gambling debts. Fearing his father's wrath, he borrowed a large sum from a less reputable lender, agreeing to exorbitant interest rates and promising repayment from his future share of the family inheritance. When Gaius was unable to pay, and his father discovered the debt, the senatus consultum Macedonianum would prevent the lender from taking any legal action to recover the money. This legal protection meant that the father's estate was shielded from the consequences of Gaius's hidden debts, and the lender bore the risk of extending credit in such circumstances.