[转贴]奥古斯都之昔兰尼加行省铭文及元老院令【BC6-4】[中英对照]

Edicts of Augustus and Decree of the Senate

on the Judicial Process in Cyrene(6-4 B.C.)

公元前4年 关于审判程序的奥古斯都皇帝敕令

及元老院法令,发现于昔兰尼



FORWARD

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.

前言:

在下列敕令中,奥古斯都对元老院管辖的行省昔兰尼加施加干预,在行省中设立了混合法庭;对于送往御前钦听的3位公民作出了判决;除非在授予公民权时特意申明的,终止该行省的希腊人获得罗马公民权后的免税权;对于审理希腊居民之间争端的法庭组成作了指示;而元老院也创立了一套新的规程用于行省总督的审判程序。该铭文是1926年在非洲利比亚的昔兰尼地方发现的。

[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


I


Emporer Caesar Augustus, pontifex maximus, holding the tribunician power for the seventeenth time, saluted imperator for the fourteenth time, proclaims:


[第一敕令]最高大祭司,荣获英帕拉多称号14次,恺撒·奥古斯都皇帝,于其第17次执掌保民官权利之年,诏告曰:


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.


盖因吾发现在昔兰尼加行省人口普查中资财达到或超过2,500迪纳里乌斯的罗马公民共计215人。人所共知,彼等朋比结党,而陪审团人选从自彼等中选拔。据该行省众城市代表控诉,彼等朋党于事涉希腊人之死罪审判中执法不公,一人而身兼原告及证人。吾人另有所知,无辜之人身受不当之惩罚,甚至或有遭处死者。除非元老院就此事作出决定或吾人另有弥补之法令,依吾所见,克里特及昔兰尼之总督如依下列办法行事,将是明智而妥当的:在昔兰尼加行省中的希腊人和罗马人两方推选最为富有之人,其年龄应不低于25岁,人口普查之财产应不低于7,500迪纳里乌斯。如此等条件之人士不能觅得,或在册之陪审团候选人不能依此条件提供,则由财产为此值半数或不少于其半之人在事涉希腊人的死刑审判案中列于陪审席上。


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.


若有某个希腊人面临审判,此人当享有如下权利。原告发言日之前一日,其人应决定是否希望其陪审团全由罗马人组成或其中有半数之希腊人。如选择后者,则将同等数量之小球分与希腊人和罗马人,书其姓名于上。罗马人陪审团人员之姓名当自一瓮中抽出,希腊人则自另一瓮中抽取,如此直至两方各选取25的陪审团员。假如原告愿意,可自两边各拒绝一人做陪审员;而被告则总共可拒绝3人,但不能俱为罗马人或希腊人。尔后其余人等可执行其陪审职责。陪审团应分开投票、计票,罗马人投票于一个瓮中,希腊人则于另一瓮中。当两方计票完毕,不论多数人(意见)如何,省督应当众宣布,作为陪审团的裁决。有鉴于逝者之亲族不会坐视其死于非命而不报仇雪恨;而亲族或同胞公民被杀之希腊人原告对被告不要求严厉的惩戒亦不太可能,依吾所见,克里特及昔兰尼之总督如依下列办法行事,将是公正而得体的:在昔兰尼加行省中,除非某个获得罗马公民权的希腊人为其亲族或同胞公民之死提请诉讼而外,不允许罗马人因希腊男人或女人之被杀而起诉希腊人。


II


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.


[第二敕令]最高大祭司,恺撒·奥古斯都皇帝,于其第17次执掌保民官权利之年,诏告曰:

普布利乌斯·塞克斯提乌斯·斯柴瓦不应受到过度毁谤。自昔兰尼加行省,彼派遣鲁奇乌斯之子,奥鲁斯·斯特拉克奇乌斯·马克希姆斯、鲁奇乌斯之子,奥鲁斯·斯特拉克奇乌斯·马采多,以及普布利乌斯的获释奴普布利乌斯·拉库塔尼乌斯·费莱罗斯,因其人宣称得悉某种不仅有关吾人之安全并且关乎公众利益之事并意欲禀告,(塞克斯提乌斯)特将此三人批镣带铐送至吾前。关于此事塞克斯提乌斯之处置谨慎而得体。唯彼等对有关吾人或公众利益之事一无所知,复次,彼等公开承认在行省做上述之声明时乃遭人欺骗与蛊惑,吾将其此三人自羁押中释放,任其离开。然昔兰尼城之使者指控奥鲁斯·斯特拉克奇乌斯·马克希姆斯在行省于公共场所移动雕像时含有该城铭刻吾姓名之雕像一座,吾禁止该人在吾对此事做出决定前擅离罗马。


III


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.


[第三敕令]最高大祭司,恺撒·奥古斯都皇帝,于其第17次执掌保民官权利之年,诏告曰:

若有任何昔兰尼加行省之人荣膺罗马公民权,吾在此命令,彼等不得因此解除其在希腊社团中对公众适当的服务义务。唯有下列人等,因某条法律,或元老院之法令、或吾父之法令或吾之法令获得罗马公民权之时亦免除纳税义务者除外。此等公民获赐享有免税之权利,仅适用于彼等获赐时所占有之财物,此为吾所欣然乐见,对于此后该人所获致之资财当予征税。


IV


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.


[第四敕令]最高大祭司,恺撒·奥古斯都皇帝,于其第17次执掌保民官权利之年,诏告曰:

除应归总督亲自掌控,由总督委任的陪审团或总督亲自作出判决的死刑诉讼案件以外,吾人欣然乐见昔兰尼加行省希腊人间之诉讼应委任希腊人出任陪审团。若原告方或被告方情愿有罗马公民出任陪审员者不在此列。又,对据吾人之此法令行使权利之希腊人,吾人欣然乐见陪审团之成员与控方或辨方同不属同一城市。


V


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.


[第五敕令]最高大祭司,恺撒·奥古斯都皇帝,于其第19次执掌保民官权利之年,诏告曰:

吾人断然决定,于诸行省推行当盖乌斯·卡维西乌斯及鲁奇乌斯·帕西埃尼乌斯任执政官之年元老院所批准之法令。吾任躬行起草该法令,并亲临该法令之表决。所有人等当深明此适合于罗马人民盟友安全之法令;吾决定将此法令附于吾人敕令之后,卑使诸行省众民得以明晓吾人及元老院对臣服罗马之万民应免受苛待,免遭勒索之深切关心云云。


VI


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.


[附件:元老院法令]


鉴于执政官盖乌斯·卡维西乌斯·萨比努斯与鲁奇乌斯·帕西埃尼乌斯·茹福斯(BC4年执政官)发言,“兹有元老院首席公民、恺撒·奥古斯都皇帝依其从元老院中抽签选出之咨议会所做之决定,希望我等将此等适合罗马人民之盟友安全的事务提请元老院表决。”元老院投票表决结果如下:

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.



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