LEX
LATINA TABULAE BANTINAE ( 133-100 BC ) |
( M. H. Crawford et al., Roman Statutes, I, London, 1996, pp. 193-208, n. 7 ). Naples fragments |
ll. 1-6 [---] and
??? [--- either] in the senate [or] in a iudicium publicum
[he is] not [to ask] for his opinion [--- nor is he publicly] to give
evidence nor is any magistrate publicly to serve notice of evidence
on him [nor is he to allow notice to be served nor] is he to appoint
him as a [judge or arbiter or] recuperator ; nor is he
to wear in public, in the light of day, the (toga) praetexta
or the sandals, nor is any [magistrate to allow ---] ; whichever
magistrate shall hold an assembly or concilium is not to allow
him to cast a vote ; [whichever magistrate shall hold the census]
is to leave [him as an aerarius]. |
ll. 7-13 [If
--- a judge] who shall have been chosen according to this statute or
plebiscite or a senator shall have acted or behaved to the effect that
[whatever shall be appropriate to be done] according to this statute
[should not be done or] knowingly with wrongful deceit shall not have
done [whatever] it shall have been or shall be appropriate for him to
do according to this statute or [knowingly with wrongful deceit] shall
have acted contrary to this statute, [there is to be a fine of ??? sesterces,
whoever shall wish is to sue,] whatever magistrate shall be willing
is to exact that sum. If whoever shall sue shall demand (it), the praetor
is to appoint [such and so many] recuperatores [as may be appropriate
to be appointed ---] and is to order him, if it so appear, to be
condemned in the interest of the people, and is to see that the case
be judged. If he [shall be] condemned, [the praetor] is to see that
he give [guarantors and security] to the urban quaestor [for however
much the amount shall be] or that his goods be publicly seized. If any
magistrate shall wish to propose a fine, it is to lawful [for him to
propose however large (a fine) he shall wish, up to] half his property ;
and statute is to apply to him in all matters exactly as if he [were
exacting the sum which is written down above] according to this statute. |
ll. 14-22 [whatever
consul, praetor, aedile, quaestor, triumvir capitalis, triumvir for
the granting and assigning of land,] is now in office, within the five
days next after any of them shall know that the people or the plebs
[have passed] this statute, he [is to swear, just as is written down
below. Likewise, whatever] dictator, consul, praetor, magister equitum,
censor, aedile, tribune of the plebs, quaestor, triumvir capitalis,
triumvir for the granting and assigning of land, judge [chosen] according
to this statute or plebiscite [---, whoever of them] shall be chosen
hereafter, within the five days next after any of them shall have entered
upon his magistracy or imperium, they are to swear, [just as
is written down below. They --- in front of] the temple of Castor, openly,
before the light of day, facing the forum, and they are to swear within
the same five days, in the presence of the quaestor, by Jupiter and
the [ancestral] gods, [that he] will do [what shall be appropriate according
to this statute,] and that he will not act contrary to this statute
knowingly with wrongful deceit and that he will not act or intercede
[to the effect that this statute may not be, or be improperly, observed.]
Whoever shall not have sworn according to this statute, is not to stand
for or hold or have any magistracy or imperium, nor [is he
hereafter to speak his opinion] in the senate [nor] is anyone to allow
(him) nor is a censor to enrol him in the senate. Whoever shall have
<sworn> according to this statute, he is to see that [his name]
be written down [in the public records] in the presence of the urban
quaestor ; and the quaestor is to receive those names and is to
see [that he keep] those who have sworn in his presence according to
this statute [written down] in the [public] records. |
ll. 23-7 [whoever
is or shall be a senator or whoever] shall have spoken [his opinion
in the senate] after the (successful) proposal of this statute, in the
ten days next after any [of them shall know that the people or
plebs have passed this statute,] they are to swear in the presence of
the quaestor at the treasury, openly, before the light of day, by Jupiter
and the ancestral gods, [that he will do what shall be appropriate according
to this statute, and that he will not] act contrary to this statute
and that he [will not act] to the effect that [this statute may] not
[be, or be improperly, observed ---] this statute [---] |
ll. 26-32 [---]
he shall have sworn <in his presence) [---] any magistrate [--- that]
in the public records [---] third market day [---] shall be [---] |
Adamesteanu fragments |
[--- the
same person] is to see that [---] it is to have been done. For that
reason this [statute ---. If there is something prescribed by what is
sacred such that] it be not right to propose, [nothing is proposed]
according to this statute. [--- to the effect that] in support
of this statute in that magistracy [---] |
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