Dionysius of Halicarnassus · Roman Antiquities §10.50.1-10.50.4
Consular Concessions and the Speech of Romilius
Summary
The consuls, fearing similar convictions, turn to a pro-plebeian policy, passing a law granting all magistrates the power to impose fines, and refer the tribunes' legislative proposals to the senate. In the senatorial debate, Romilius, recently convicted, unexpectedly rises to speak in favor of a measure more beneficial to the people.
§10.50.1ταῦτα δὴ λογιζομένοις τοῖς ἐν ἀρχῇ ὑπάτοις πολὺ παρέστη δέος καὶ τοῦ μὴ ταὐτὰ παθεῖν ὑπὸ τοῦ δήμου μετὰ τὴν ὑπατείαν πρόνοια, ὥστʼ οὐκέτι ἀποκρυπτόμενοι τὰς γνώμας, ἀλλὰ φανερῶς τὰ τοῦ δήμου πολιτευόμενοι διετέλουν.
Therefore, great fear and foresight to avoid suffering the same things from the people after their consulship came upon the consuls then in office as they reflected on these things, so that they no longer concealed their opinions, but continued openly to govern in favor of the people.
πρῶτον μὲν οὖν ἐπὶ τῆς λοχίτιδος ἐκκλησίας νόμον ἐκύρωσαν, ἵνα ταῖς ἀρχαῖς ἐξῇ πάσαις τοὺς ἀκοσμοῦντας ἢ παρανομοῦντας εἰς τὴν ἑαυτῶν ἐξουσίαν ζημιοῦν.
First, then, they passed a law in the centuriate assembly, so that it might be lawful for all magistrates, within their own authority, to fine those who were disorderly or broke the laws.
τέως γὰρ οὐχ ἅπασιν ἐξῆν, ἀλλὰ τοῖς ὑπάτοις μόνοις.
For until then it was not permitted to everyone, but to the consuls alone.
§10.50.2τὸ μέντοι τίμημα οὐκ ἐπὶ τοῖς ζημιοῦσιν, ὁπόσον εἶναι δεῖ, κατέλιπον, ἀλλʼ αὐτοὶ τὴν ἀξίαν ὥρισαν, μέγιστον ἀποδείξαντες ὅρον ζημίας δύο βοῦς καὶ τριάκοντα πρόβατα.
However, they did not leave the amount of the fine, how much it ought to be, to the discretion of those who imposed the fine, but they themselves defined its value, setting as the maximum limit of the fine two oxen and thirty sheep.
καὶ οὗτος ὁ νόμος ἄχρι πολλοῦ διέμεινεν ὑπὸ Ῥωμαίων φυλαττόμενος.
And this law remained in force, being observed by the Romans for a long time.
§10.50.3ἔπειτα περὶ τῶν νόμων, οὓς ἐσπούδαζον οἱ δήμαρχοι κοινοὺς ἐπὶ πᾶσι Ῥωμαίοις γράφειν καὶ εἰς ἅπαντα χρόνον φυλαχθησομένους, διάγνωσιν ἀπέδωκαν τῇ βουλῇ.
Next, concerning the laws which the tribunes were eager to draft as common to all Romans and to be observed for all time, they referred the decision to the senate.
ἐλέχθησαν μὲν οὖν πολλοί τε καὶ ὑπὸ τῶν κρατίστων ἀνδρῶν εἰς ἀμφότερα καὶ τὸ συγχωρεῖν καὶ τὸ κωλύειν φέροντες λόγοι, ἐνίκα δʼ ἡ τὰ δημοτικώτερα πρὸ τῶν ὀλιγαρχικῶν εἰσάγουσα Τίτου Ῥωμιλίου γνώμη, παρὰ τὴν ἁπάντων δόξαν τῶν τε §10.50.4πατρικίων καὶ τῶν δημοτικῶν γενομένη.
Many speeches were indeed delivered by the most eminent men, tending to both sides, both to concede and to prevent; but the opinion of Titus Romilius, which introduced measures more favorable to the people rather than the oligarchic ones, prevailed, contrary to the expectation of all, both the patricians and the plebeians.
οἱ μὲν γὰρ ὑπελάμβανον πάντα τὰ ἐναντία τοῖς δημοτικοῖς φρονήσειν τε καὶ λέξειν τὸν ἄνδρα νεωστὶ τὴν ἐν τῷ δήμῳ δίκην ἑαλωκότα· ὁ δʼ ἀναστὰς ἐπειδὴ προσῆκεν αὐτῷ γνώμην ἐρωτηθέντι κατὰ τὴν ἑαυτοῦ τάξιν ἀποκρίνασθαι — ἦν δὲ ἐν τοῖς διὰ μέσου κατά τε ἀξίωσιν καὶ ἡλικίαν — ἔλεξεν·
For they supposed that the man, having recently been convicted in the trial before the people, would think and speak everything contrary to the plebeians; but he, having risen when it became his turn to answer when asked his opinion according to his rank—now he was among the middle class both in terms of dignity and age—spoke as follows:
Notes
- §10.50.1λογιζομένοις τοῖς ἐν ἀρχῇ ὑπάτοις — λογιζομένοις is a dative participle agreeing with τοῖς ... ὑπάτοις. Although it might look like an independent participial construction resembling a genitive absolute, it actually functions as the dative complement of the main verb παρέστη ("came upon, arose for"). Literally, "to the consuls in office, as they reflected on these things, great fear came upon them."
- §10.50.1εἰς τὴν ἑαυτῶν ἐξουσίαν — Interpretation of the prepositional phrase εἰς τὴν ἑαυτῶν ἐξουσίαν. It can either modify the verb ζημιοῦν ("to fine") as an adverbial phrase meaning "within the limit of their own authority," or modify the participles τοὺς ... παρανομοῦντας ("those who transgress") meaning "against their own authority." Here, the former interpretation is adopted, reflecting the Roman legal context where the magistrate's power to fine (multae dictio) was exercised within the bounds of their own potestas (authority).
- §10.50.2οὐκ ἐπὶ τοῖς ζημιοῦσιν ... κατέλιπον — An idiomatic expression combining καταλείπω ("to leave, commit") with the prepositional phrase ἐπί + dative ("in the power of, at the discretion of"). It means "they did not leave (the decision) to the discretion of those who imposed the fine."
Cite this passage
Dionysius of Halicarnassus, Roman Antiquities §10.50.1-10.50.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0081.tlg001.humanitext-grc2:10.50.1-10.50.4
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