Edicts of Augustus and Decree of the Senate
on the Judicial Process in Cyrene(6-4 B.C.)
In these edicts Augustus regulates the senatorial province of Cyrene, providing for mixed courts in the province, pronounces judgment on three citizens sent to him for a hearing, refuses immunity to Greeks of the province who obtain Roman citizenship unless the privilege is stated expressly in the grant, prescribes the nature of the court to try disputes of Greek residents, and with the Senate establishes a new procedure for the trial of provincial governors. The inscription was found in 1926 at Cyrene, Libya, Africa.
[字母言：原英文网页记此铭文年在BC64年，当年奥古斯都未生，有误。考下文提到敕令发布之年，奥古斯都第17次执掌保民官权利。按BC23年，奥古斯都与元老院签署第二次协议，此后年年执掌保民官权利，以BC23年为始，则第17次为BC7年或6年；又，元老院法令，提到当年执政官，名Gaius Calvisius Sabinus及Lucius Passienus Rufus者，查执政官表，系年在BC4年。则前4次敕令与法令之发布不在一年也。至第5敕令，奥古斯都为推行元老院令则其年在BC4年矣。故5篇敕令及一篇元老院法令，时间跨度在BC6-4年，而非英文题首之BC64年，显为排版错误]
EDICTS OF AUGUSTUS AND DECREE OF THE SENATE ON THE JUDICIAL PROCESS IN CYRENE
Emporer Caesar Augustus, pontifex maximus, holding the tribunician power for the seventeenth time, saluted imperator for the fourteenth time, proclaims:
Since I find that in the province of Cyrene there are altogether 215 Roman citizens of every age whose census rating is 2,500 denarii or more, and that the jurors are drawn from this number in which several cliques are known to exist, and since the delegations coming from the cities of the province have complained that these cliques are unfair to Greeks in capital crimes, when the same people act as prosecutors and as witnesses for each other in turn, and since I myself have learned that some innocent persons have been overwhelmed in this way and have suffered the death penalty, until the Senate decides on this point or I myself find some better remedy, it appears to me that the governors of Crete and Cyrene will do wisely and fittingly, if they appoint in the province of Cyrene an equal number of jurors from both Greeks and Romans of greatest wealth and not less than twenty-five years of age, having a census rating and property of not less than 7,500 denarii, if a sufficient number of such men can be found, or, if the number of jurors to be placed on the album cannot be provided in this way, they shall post as jurors citizens who have the half of this amount of wealth and not less than half to sit on capital cases involving Greeks.
If a Greek is brought to trial, he shall have the right, on the day before his accuser speaks, to determine whether he wishes his jury to be all Roman or half Greek. If he chooses the latter, then an equal number of balls shall be assigned to each Greek and Roman and their names shall be written on them. The names of the Romans shall be drawn by lot from one urn, and those of the Greeks from the other, until a panel of twenty-five is drawn from each group. The prosecutor, if he wishes, may reject one from each group; the defendant may reject three in all, provided that he does not reject all Roman or all Greek. Then the remainder shall be set aside for jury duty. They shall be separated for voting and shall cast their votes separately, the Romans in one urn, the Greeks in another. Then, when the votes are counted separately, whatever the majority declare the governor publicly shall pronounce as the verdict. Since for the most part relatives of the deceased do not suffer an unjust death to remain unavenged and since it is un1ikely that Greek accusers for relatives or fellow citizens who have been slain will be lacking in exacting punishment from the accused, it appears to me that the governors of Crete and Cyrene will do rightly and properly, if they do not permit in the province of Cyrene a Roman to accuse a Greek for the murder of a Greek man or woman, unless some Greek who has been granted Roman citizenship brings an action for the death of some kinsman or fellow citizen.
Emperor Caesar Augustus, pontifex maximus, holding tribunician power for the seventeenth time, proclaims: Pub1ius Sextius Scaeva must not be subjected to censorous abuse, since from the province of Cyrene, he provided that Aulus Stlaccius Maximus, son of Lucius, Lucius Stlaccius Macedo, son of Lucius, and Publius Lacutanius Phileros, freedman of Publius, should be sent to me under bonds, when these persons declared that they knew something pertaining not only to my safety, but also to the public interest, and that they wished to give this information. In this matter Sextius has acted properly and with care. However, since they know nothing that concerns me or the public interest and have openly admitted that they were deceived and deluded when they made their statements in the province, I have freed and dismissed them from custody. But since envoys from Cyrene accuse Aulus Stlaccius Maximus of having removed statues from public places, among them one on whose base the city has inscribed my name, I forbid him to leave Rome without my permission, until I make a decision on this matter.
Emperor Caesar Augustus, pontifex maximus, holding the tribunician power for the seventeenth time, proclaims: If any persons from the province of Cyrene have been honored with Roman citizenship I command that they nonetheless shall discharge their compulsory public services among the body of the Greeks in their proper turn, except those persons to whom by a law or by a decree of the Senate, by my father's or my own decree, the citizenship was granted with exemption from taxation. It is my pleasure that these same persons, to whom exemption from taxation has been granted, shall be immune in respect to the property in their possession at that time, but that they shall pay taxes on all property that they later acquired.
Emperor Caesar Augustus, pontifex maximus, holding the tribunician power for the seventeenth time, proclaims: Except for suits involving the death penalty, which the governor himself shall conduct and upon which he shall pronounce judgment, or for which he shall appoint a panel of jurors, in suits which arise between Greeks in the province of Cyrene for all other matters, it is my pleasure that Greeks shall be appointed as jurors, unless the accused or the defendant wishes to have Roman citizens as jurors, but for those to whom Greeks are given by this my decree it is my pleasure that no juror shall be appointed from that city to which the plaintiff or the defendant also belongs.
Emperor Caesar Augustus, pontifex maximus, holding the tribunician power for the nineteenth time, proclaims: I have resolved to forward to the provinces the decree of the Senate passed in the consulship of Gaius Calvisius and Lucius Passienus, when I was present and joined in drafting the decree which pertains to the security of the allies of the people of Rome, that all persons for whom we provide may know of the decree; and I have resolved to attach it to my edict, that to all those persons living in the provinces may be clear the great concern which I and the Senate have, that no one of our subjects may suffer any unfair treatment or may be subjected to unfair exactions.
Decree of the Senate. Whereas Gaius Calvisius Sabinus and Lucius Passienus Rufus, the consuls, said "Whereas in accordance with the decision of his advisory council chosen by lot from the Senate, Emperor Caesar Augustus, our prince, wished us to bring before the Senate these matters which pertain to the security of the allies of the Roman people," the Senate voted as follows: Although our forefathers established courts for the recovery of property, that our allies more easily might bring suit and recover property of which they had been wrongfully deprived, since the nature of such trials sometimes proved most burdensome and inconvenient for the very persons for whom the law was devised, to drag from distant provinces witnesses who were impoverished or who in some cases were weak in health or infirm from old age, it is the pleasure of the Senate that if, after this decree of the Senate has been enacted, any of our allies shall wish to recover property that has been exacted either publicly or privately, provided that the person accused is not also being brought to trial on a capital charge, they shall appear before one of the magistrates who is empowered to summon the Senate and shall state their case.
尽管我们的先人为追偿财产而设立了法庭,卑使我们的盟友可以更为方便地就其被不当剥夺的财产而提请诉讼,但鉴于此类诉讼被证明为不时有使设立该法以图保护之人至为不便及难以承担的情况: 迫使遥远行省中穷困潦倒的证人,或是涉案的健康不佳又或年高体弱之人前往罗马. 故元老院将欣然乐见, 本法令颁行之后,罗马人民的盟友可以指望无论公私所被勒索之财物,只要被指控之人不同时涉及死罪案件的, 应可以向有权召集元老院会议的罗马官员起诉,并申明其案情.
The magistrate shall bring them immediately before the Senate and shall appoint whatever advocate they request to speak on their behalf to the Senate. He shall not act as advocate against his will if by law he is given the right to decline this compulsory public service.
该罗马官员应立即将申述人带至元老院,并指派申述人所要求的任何辩护人为该申述人之利益在元老院发言. 该人如经法律授予权利可以拒绝履行此强制性的公益服务, 不作为辩护人在元老院发言.