Lex Osca tabulae Bantinae ( English translation )

LEX OSCA TABULAE BANTINAE

( 183-103 BC )

( M. H. Crawford et al., Roman Statutes, I, London, 1996, pp. 271-292, n. 13 ).

Naples fragments

[---] shall have been, he [---] (I) (1) If ??? a quaestor shall have pronounced a fine ??? [---] shall swear. (2) If anyone, according to the opinion of the larger part of the senate, provided that [not less than] 40 be present when that matter shall have been raised, shall have prohibited (an assembly), before [---,] he is to swear before the light of day in the comitium without wrongful deceit that he is prohibiting that assembly in the interest of the res [publica] rather than because of anyone's influence or enmity and that he is prohibiting it according to the opinion of the larger part of the senate. (3) For whomsoever he shall thus prohibit an assembly, he may not that day hold (any other) assembly. (II) (4) Whatever magistrate shall hereafter hold an assembly (for trial) concerning a caput or (see the Commentary) property, he is to see that the people should pronounce an opinion under oath that it will pronounce such an opinion concerning them as it may think to represent most the public good nor may he act to the effect that anyone should with wrongful deceit not swear concerning that matter. (5) If anyone shall have acted or held an assembly contrary to these rules, the fine is to be so much, 2,000 nummi, and if any magistrate shall wish to fine him more heavily, it is to be lawful to fine, provided that it is with a fine of less than half his property. (III) (6) If anyone by virtue of his magistracy shall have pronounced to another a day (for trial) concerning a caput or property, he may not hold the assembly (for trial) except when he shall have before the light of day without wrongful deceit pleaded before the people four times and the people shall have accepted the fourth day. (7) Four, and not rather five, times he is to bring action against the defendant before he shall appoint the day of judgment and when he shall have pleaded against the defendant for the last time he may not hold the assembly for the next 30 days from that day. (8) If anyone shall have acted contrary to these rules, it is to be lawful if any magistrate shall wish to fine him, provided that it is less than half his property. (IV) (9) When the censors shall list the people at Bantia, whoever shall have been a citizen of Bantia is to be listed, himself and his property, under whatever condition those censors may have pronounced for the census. (10) But if anyone shall with wrongful deceit not have come to the census and is convicted of that, he himself should be flogged in the comitium, by virtue of the magistracy in the presence of the people, without wrongful deceit (of the magistrate) and the whole of his estate is to be sold and the whole of his property, which shall have been his and which shall not have been listed, is to be (made) public. (V) (11) A praetor or prefect, insofar as there shall be one at Bantia hereafter, if anyone shall wish to bring an action according to statute against another before them or to lay his hand on for a judgment debt in those matters which are written down in these statutes, he may not prevent anyone beyond the next ten days (see the Commentary). (12) If anyone shall have prevented contrary to these rules, the fine is to be so much, 1,000 nummi, and if any magistrate shall wish to fine him <more heavily>, it is to be lawful to fine, [provided that] it is with a fine of less than half his property. (VI) (13) [No-one may be] praetor or censor at Bantia unless he shall have been quaestor nor may he be censor unless he shall have been praetor, and if anyone shall have been praetor and if [anyone] shall have been [censor] or quaestor or [III]vir he may not thereafter be tribune of the plebs. (14) If anyone [hereafter] shall have been appointed [a magistrate contrary to these rules] he is not to be validly appointed. (15) In respect of that magistracy, from that [year in which any]one at Bantia [---] magistracy for the next six years

Adamesteanu fragments

[--- before ---] the day of judgment [---] | [--- ]??? [wrongful] deceit [---] | [--- with] wrongful [deceit] ??? [---] |4| [--- and if any] magistrate shall wish to fine him [more heavily,] | [--- with a fine ---], it is to be lawful to fine. Whoever 1,200 of silver | [--- for the greater] part of the year ??? | [--- ]two nummi, according to this statute all |8| [---] he should have, as much as he shall have been listed for | [---] in each year he is to promise. The quaestor | [---] and the same men should swear. He is to swear | [---]of the year without wrongful deceit