|
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, 应可以向有权出席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. That the charges which they lay before the Senate may have a judicial hearing, the magistrate who gives them audience to the Senate shall select by lot on that same day, in the presence of the Senate when not less than 200 are present, four from all the consulars in Rome or within twenty miles of the city. Likewise from all those persons of praetorian rank in Rome or within twenty miles of the city he shall select three. Likewise he shall select two from the rest of the senatorial order or from all those persons who have the right to vote in the Senate, who may be in Rome at that time or within twenty miles of the city. But he shall select by lot no person who is seventy years of age or older, or is serving in some magistracy or office, or is presiding over a court of justice, or is curator for the distribution of grain, or is prevented by illness from performing this compulsory public service, after he has taken oath to that effect in the Senate and has given three members of the Senate to swear to his incapacity, or is a cognatic or agnatic kinsman of the defendant, so that he is exempted by the Julian Law on judiciary matters from testifying as a witness in public court against his will, or if the defendant takes oath in the presence of the Senate that such a person is his personal enemy, provided that he does not reject more than three in this way. When nine persons have been selected by lot in this way, the magistrate who drew the lots shall provide that in the next two days the plaintiffs and the defendants shall reject in turn, until five are left. If any of these jurors dies before the issue is decided or if anyone of them is prevented for any other reason from sitting in judgment, whose reason is approved by five senators under oath, then the magistrate in the presence of the jurors, the prosecutors, and the defendant shall select by lot from those persons who are of the same rank and have held the same magistracies as the man whose place is to be filled, provided that the lot does not fall on one who is ineligible to serve in a case against the accused by this decree of the Senate. 提交元老院的诉讼要召开听证会,带诉讼人至元老院的官员将在该日,在元老出席人数不少于200人的情况下,抽签选择陪审团成员:从所有身在罗马或其周围20英里(1英里≈1罗马里)内的执政官(级人物?)中选择4人;同样的,从身在罗马或其20英里之内的大法官级人物中选择3人;同样的,再从其余的身在罗马或其周围20英里内的元老等级成员或有权在元老院投票之人中选择2人.但抽签选中的人员中,不得有年已70或以上的;或正在履行其官职或军职的;或正在主持法庭审判的;或担任罗马谷物分发总监的;或因病不能履行其强制性的公益服务的(其本人将为此在元老院起誓,并有3名元老就其不能履职起誓);或身为辨方的族亲或宗亲,循朱里安法(Julian Law)之规定得免于在公开得法庭中就司法事务违背其本人意愿作证;或辨方在元老院面前起誓为其私敌者(但辨方为此缘故拒绝者不得超过3人). 循此方法选出9名人选后,抽签官员将在其后2日内任控辨双方就此人选作出拒绝,直至最后人选为5名. 假如在问题解决前有陪审人员过世,或因其他缘故(该原因应由5名元老发誓作证)不能出席审判者, 则该官员,及控辨双方,将在陪审团面前按与缺席者同等级,任同样官衔之原则抽签决定替补者,然此替补者不能为据本元老院令无资格出任该被控方案件之人. The jurors thus chosen shall hear and shall decide only on those matters which the defendant is accused of having appropriated, whether in his official or his private capacity and whatever amount of property the plaintiffs prove have been taken from them publicly or privately, so shall the jurors order to be restored, on condition that they give their judgment within thirty days. Those persons whose duty it is to determine this matter and to give judgment shall be exempt from all other compulsory public service, except state religious ceremonial, until they judge and render their decision. 由此选出之陪审员应听取并决断仅与辨方相应受控的, 能由控方证明的无论以公共或私人身份牟取的任何数量的公私财物有关的事务,若陪审团在三十天内作出裁决,将命令偿还这些财物. 有责任作出裁决并宣布审判之人直至其作出裁定呈递判决之前,将被免除其他的强制性公益服务,只有国家宗教庆典除外. It is the pleasure of the Senate that the magistrate who drew the lots for the jurors shall preside over the hearing or, if it is impossible for him to do so, the ranking consul, and he shall be given power to summon witnesses who are in Italy: for the plaintiff, whose claim is for private reparation, not more than five; for official reparation, not more than ten. 元老院将欣然乐见主持抽签决定陪审团的官员将会主持听证会,令或其人无法主持听证会,则显赫的执政官将会主持. 主持者将有权传讯身在意大利之证人,如控方所控事涉私产赔偿,证人数不超过5人,若事涉公共赔偿,不超过10人. Likewise it is the pleasure of the Senate that the jurors who may be chosen by lot in accordance with this resolution of the Senate, shall declare their opinion openly, as seems to each, and whatever the majority declare shall be binding. 同样的,元老院也欣然乐见依元老院决定抽签选出的陪审员诸公,应应公开发表各人认为合适的意见,而不论大多数人的裁决如何,即为有效。 Source: Ancient Roman statutes : translation, with introduction, commentary, glossary, and index by Allan Chester Johnson, Paul Robinson Coleman-Norton, Frank Card Bourne ; general editor, Clyde Pharr Austin : University of Texas Press, 1961 (责任编辑：admin) |