Abstract

One of four laws passed by Clodius early in 58 b.c. in some way modified the regulations governing obnuntiatio, the right possessed by magistrates and augurs to obstruct proceedings of the popular assemblies through announcement of unfavourable omens. The precise nature of the change is obscured by the fact that our main source, Cicero, describes it, as he does all of Clodius' legislation, in hyperbolic and polemical terms, alleging that it wholly abolished the right of obnuntiatio, a claim contradicted by other evidence in his writings, which provide many examples of its continuing use. The later ancient sources repeat the substance of Cicero's main allegations and, accordingly, do little to help disentangle the facts from the hyperbole. Inadequate information about the earlier regulations relating to obnuntiatio, which were contained in two laws of the mid-second century, the Leges Aelia et Fufia, further hampers the search for the precise terms of Clodius' amendment. None of this, however, has discouraged speculation. The problem has exerted a peculiar fascination and has generated a succession of careful studies. Five main hypotheses have emerged: that the right of obnuntiatio was taken from curule magistrates; that it was taken from curule magistrates, but only in relation to legislative comitia; that it was taken from both curule magistrates and tribunes, but only in relation to legislative comitia; that it was abolished entirely, but soon restored by senatorial annulment of the reform; that it was left intact, but the assemblies were empowered to disallow it on any given occasion.