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Dionysius of Halicarnassus · Roman Antiquities §6.89.1-6.89.4

Election of the First Tribunes and the Sacrosanct Law

Passage 495 of 962 · Greek

Summary

The envoys returned with the treaty from the senate, and the plebeians, divided by curiae, appointed the first five tribunes. Furthermore, they passed a law declaring the tribunes' office and persons sacred and inviolable, securing its permanence with a solemn oath.

§6.89.1τῇ δʼ ἑξῆς ἡμέρᾳ παρῆσαν μὲν οἱ περὶ τὸν Βροῦτον πεποιημένοι τὰς πρὸς τὴν βουλὴν συνθήκας διὰ τῶν εἰρηνοδικῶν, οὓς καλοῦσι Ῥωμαῖοι Φητιάλεις.
On the following day, Brutus and his companions, having concluded the treaty with the senate through the arbiters of peace whom the Romans call Fetiales, returned.
νεμηθεὶς δʼ ὁ δῆμος εἰς τὰς τότε οὔσας φράτρας, ἢ ὅπως βούλεταί τις αὐτὰς προσαγορεύειν, ἃς ἐκεῖνοι καλοῦσι κουρίας, ἄρχοντας ἐνιαυσίους ἀποδεικνύουσι τούσδε· Λεύκιον Ἰούνιον Βροῦτον καὶ Γάιον Σικίννιον Βελλοῦτον, οὓς καὶ τέως εἶχον ἡγεμόνας, καὶ ἔτι πρὸς τούτοις Γάιον καὶ Πόπλιον Λικιννίους καὶ Γάιον Οὐισκέλλιον Ῥοῦγαν.
And the people, having been divided into the phratries that existed at that time (or by whatever name one wishes to call them, which they call curiae), appointed the following as annual magistrates: Lucius Junius Brutus and Gaius Sicinius Bellutus, whom they had also had as leaders until then, and besides these, Gaius and Publius Licinius, and Gaius Viscellius Ruga.
§6.89.2οὗτοι τὴν δημαρχικὴν ἐξουσίαν πρῶτοι παρέλαβον οἱ πέντε ἄνδρες ἡμέρᾳ τετάρτῃ πρότερον εἰδῶν Δεκεμβρίων, ὥσπερ καὶ μέχρι τοῦ καθʼ ἡμᾶς χρόνου γίνεται.
These five men were the first to receive the tribunician power, on the fourth day before the Ides of December, just as is done even down to our own time.
τελεσθεισῶν δὲ τῶν ἀρχαιρεσιῶν τοῖς μὲν παρὰ τῆς βουλῆς ἥκουσι καλῶς ἔχειν ἐδόκει πάντα, περὶ ὧν ἀπεστάλησαν· ὁ δὲ Βροῦτος ἐκκλησίαν συναγαγὼν συνεβούλευε τοῖς δημόταις ἱερὰν καὶ ἄσυλον ἀποδεῖξαι τὴν ἀρχὴν νόμῳ τε καὶ §6.89.3ὅρκῳ βεβαιώσαντας αὐτῇ τὸ ἀσφαλές.
When the elections were completed, to those who had come from the senate everything seemed to be well regarding the matters for which they had been sent; but Brutus, having assembled the people, advised the citizens to declare the office sacred and inviolable, confirming its safety by law and ¦1247 oath.
ἐδόκει ταῦτα πᾶσι, καὶ γράφεται πρὸς αὐτοῦ καὶ τῶν συναρχόντων ὅδε ὁ νόμος· δήμαρχον ἄκοντα, ὥσπερ ἕνα τῶν πολλῶν, μηδεὶς μηδὲν ἀναγκαζέτω δρᾶν μηδὲ μαστιγούτω μηδʼ ἐπιταττέτω μαστιγοῦν ἑτέρῳ μηδʼ ἀποκτιννύτω μηδʼ ἀποκτείνειν κελευέτω.
This was approved by all, and the following law was written by him and his colleagues: "Let no one compel an unwilling tribune to do anything, as if he were one of the common people, nor scourge him, nor command another to scourge him, nor kill him, nor order him to be killed.
ἐὰν δέ τις τῶν ἀπηγορευμένων τι ποιήσῃ, ἐξάγιστος ἔστω, καὶ τὰ χρήματα αὐτοῦ Δήμητρος ἱερά, καὶ ὁ κτείνας τινὰ τῶν ταῦτʼ §6.89.4εἰργασμένων φόνου καθαρὸς ἔστω. καὶ ἵνα μηδὲ τὸ λοιπὸν τῷ δήμῳ ἐξουσία γένηται καταπαῦσαι τόνδε τὸν νόμον, ἀλλʼ εἰς ἅπαντα τὸν χρόνον ἀκίνητος διαμείνῃ, πάντας ἐτάχθη Ῥωμαίους ὀμόσαι καθʼ ἱερῶν ἦ μὴν χρήσεσθαι τῷ νόμῳ καὶ αὐτοὺς καὶ ἐγγόνους τὸν ἀεὶ χρόνον, ἀρά τε τῷ ὅρκῳ προσετέθη, τοῖς μὲν ἐμπεδοῦσι τοὺς θεοὺς τοὺς οὐρανίους ἵλεως εἶναι καὶ δαίμονας τοὺς καταχθονίους, τοῖς δὲ παραβαίνουσιν ἐναντία καὶ τὰ παρὰ θεῶν γίνεσθαι καὶ τὰ παρὰ δαιμόνων ὡς ἄγει τῷ μεγίστῳ ἐνόχοις.
And if anyone should do any of these forbidden things, let him be accursed, and let his goods be sacred to Demeter, and let him who kills any of those who have done these things be pure of murder." And in order that for the future the people might not have the power to abolish this law, but that it might remain undisturbed for all time, it was ordained that all Romans should swear over the sacrifices that both they and their descendants would observe the law for all time; and a curse was added to the oath, that to those who observed it the heavenly gods and earthly spirits should be propitious, but to those who transgressed it, the contrary should happen from both gods and spirits, as being guilty of the greatest pollution.
ἐκ τούτων κατέστη τοῖς Ῥωμαίοις ἔθος τὰ τῶν δημάρχων σώματα ἱερὰ εἶναι καὶ παναγῆ, καὶ μέχρι τοῦ καθʼ ἡμᾶς χρόνου διαμένει.
From this, the custom was established among the Romans that the persons of the tribunes should be sacred and inviolable, and it continues down to our own time.

Notes

  1. 6.89.1νεμηθεὶς δʼ ὁ δῆμος εἰς τὰς τότε οὔσας φράτρας — The passive aorist participle νεμηθείς modifies the subject ὁ δῆμος, indicating that the plebeians were "divided/reorganized" into the existing phratries (curiae) as voting units, contrasting with the military centuries.
  2. 6.89.2ἡμέρᾳ τετάρτῃ πρότερον εἰδῶν Δεκεμβρίων — The Roman dating formula "on the fourth day before the Ides of December". According to inclusive counting (including both the starting and ending days), the fourth day before December 13th is December 10th, which was historically the day the tribunes entered office.
  3. 6.89.3μηδεὶς μηδὲν ἀναγκαζέτω δρᾶν — The accumulation of negative particles μηδείς and μηδέν expresses a strong, categorical prohibition ("let no one compel him to do anything"). The third-person singular present imperative ἀναγκαζέτω is typical of legal statutes.
  4. 6.89.4ὡς ἄγει τῷ μεγίστῳ ἐνόχοις — The dative noun ἄγει (from ἄγος, "pollution, curse, guilt") is governed by the adjective ἐνόχοις ("liable to, bound by"), meaning "as those liable to the greatest pollution/curse." It designates the state of a treaty-breaker under divine punishment.

Cite this passage

Dionysius of Halicarnassus, Roman Antiquities §6.89.1-6.89.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0081.tlg001.humanitext-grc2:6.89.1-6.89.4

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