[POMPONIUS libro singulari enchiridii. ] §1.2.2.9Deinde quia difficile plebs conuenire coepit, populus certe multo difficilius in tanta turba hominum, necessitas ipsa curam reipublicae ad senatum deduxit: ita coepit senatus se interponere et quidquid constituisset obseruabatur, idque ius appellabatur senatus consultum.
Then, because it began to be difficult for the plebeians to assemble, and certainly much more difficult for the whole people in so great a crowd of men, necessity itself transferred the care of the republic to the senate. Thus the senate began to intervene, and whatever it had established was observed, and this law was called a senatus consultum.
§1.2.2.10Eodem tempore et magistratus iura reddebant et ut scirent ciues, quod ius de quaque re quisque dicturus esset seque praemuniret, edicta proponebant.
At the same time, the magistrates also administered justice, and, so that the citizens might know what law each would pronounce concerning each matter and protect themselves, they proposed edicts.
quae edicta praetorum ius honorarium constituerunt: honorarium dicitur, quod ab honore praetoris uenerat.
These edicts of the praetors constituted the honorary law; it is called honorary because it had come from the office (honor) of the praetor.
§1.2.2.11Nouissime sicut ad pauciores iuris constituendi uias transisse ipsis rebus dictantibus uidebatur per partes, euenit, ut necesse esset rei publicae per unum consuli (nam senatus non perinde omnes prouincias probe gerere poterant): igitur constituto principe datum est ei ius, ut quod constituisset, ratum esset.
Finally, just as, by the dictation of circumstances themselves, the ways of establishing law seemed to have crossed over by degrees to fewer people, it happened that it was necessary for the republic to be cared for through one man (for the senate could not equally well manage all the provinces). Therefore, a princeps having been established, the power was given to him that whatever he had established should be valid.
§1.2.2.12Ita in ciuitate nostra aut iure, id est lege, constituitur, aut est proprium ius ciuile, quod sine scripto in sola prudentium interpretatione consistit, aut sunt legis actiones, quae formam agendi continent, aut plebi scitum, quod sine auctoritate patrum est constitutum, aut est magistratuum edictum, unde ius honorarium nascitur, aut senatus consultum, quod solum senatu constituente inducitur sine lege, aut est principalis constitutio, id est, ut quod ipse princeps constituit pro lege seruetur.
Thus, in our city, law is either established by law, that is, by statute; or there is the civil law proper, which without writing consists solely in the interpretation of the learned; or there are the actions of the law, which contain the form of proceeding; or a plebiscite, which is established without the authority of the fathers; or the edict of the magistrates, from which the honorary law arises; or a senatus consultum, which is introduced solely by the establishment of the senate, without a statute; or an imperial constitution, that is, that what the princeps himself has established is observed as a law.
§1.2.2.13Post originem iuris et processum cognitum consequens est, ut de magistratuum nominibus et origine cognoscamus, quia, ut exposuimus, per eos qui iuri dicundo praesunt effectus rei accipitur: quantum est enim ius in ciuitate esse, nisi sint, qui iura regere possint? post hoc dein de auctorum successione dicemus, quod constare non potest ius, nisi sit aliquis iuris peritus, per quem possit cottidie in melius produci.
After the origin and process of the law have been learned, it follows that we should learn about the names and origin of the magistrates, because, as we have explained, through those who preside over the administration of justice the effect of the matter is received. For of what value is it for law to exist in a city, unless there are those who can administer the laws? After this, we shall then speak of the succession of authors, because the law cannot stand unless there is some jurist through whom it can be daily advanced for the better.
§1.2.2.14Quod ad magistratus attinet, initio ciuitatis huius constat reges omnem potestatem habuisse.
As far as the magistrates are concerned, it is well known that in the beginning of this city the kings had all power.
§1.2.2.15Isdem temporibus et tribunum celerum fuisse constat: is autem erat qui equitibus praeerat et ueluti secundum locum a regibus optinebat: quo in numero fuit Iunius Brutus, qui auctor fuit regis eiciendi.
It is well known that in those same times there was also a tribune of the celeres. He indeed was the one who presided over the cavalry and held as it were the second place after the kings; in which number was Junius Brutus, who was the instigator of expelling the king.
§1.2.2.16Exactis deinde regibus consules constituti sunt duo: penes quos summum ius uti esset, lege rogatum est: dicti sunt ab eo, quod plurimum reipublicae consulerent.
Then, the kings having been expelled, two consuls were established, and it was proposed by law that the supreme power should reside with them. They were so called from the fact that they consulted very much for the republic.
qui tamen ne per omnia regiam potestatem sibi uindicarent, lege lata factum est, ut ab eis prouocatio esset neue possent in caput ciuis Romani animaduertere iniussu populi: solum relictum est illis, ut coercere possent et in uincula publica duci iuberent.
Yet, lest they should claim royal power for themselves in all things, by a passed law it was brought about that there should be an appeal from them, and that they could not inflict capital punishment upon a Roman citizen without the order of the people; only this was left to them, that they could exercise coercion and order persons to be led into public chains.
§1.2.2.17Post deinde cum census iam maiori tempore agendus esset et consules non sufficerent huic quoque officio, censores constituti sunt.
Afterwards, since the census now had to be conducted for a longer time and the consuls were not sufficient for this duty also, censors were established.
§1.2.2.18Populo deinde aucto cum crebra orerentur bella et quaedam acriora a finitimis inferrentur, interdum re exigente placuit maioris potestatis magistratum constitui: itaque dictatores proditi sunt, a quibus nec prouocandi ius fuit et quibus etiam capitis animaduersio data est.
Then, the people having increased, since frequent wars arose and some rather fierce ones were brought by neighbors, sometimes, as the situation demanded, it was decided that a magistrate of greater power should be established. And so dictators were created, from whom there was no right of appeal and to whom even capital punishment was given.
hunc magistratum, quoniam summam potestatem habebat, non erat fas ultra sextum mensem retineri.
This magistracy, since it had supreme power, was not lawful to be retained beyond the sixth month.
§1.2.2.19Et his dictatoribus magistri equitum iniungebantur sic, quo modo regibus tribuni celerum: quod officium fere tale erat, quale hodie praefectorum praetorio, magistratus tamen habebantur legitimi.
And to these dictators, masters of the horse were joined in such a way as the tribunes of the celeres were to the kings; which office was almost such as that of the praetorian prefects today, yet they were held to be legitimate magistrates.
§1.2.2.20Isdem temporibus cum plebs a patribus secessisset anno fere septimo decimo post reges exactos, tribunos sibi in monte sacro creauit, qui essent plebeii magistratus.
In those same times, when the plebeians had seceded from the patricians, in almost the seventeenth year after the kings were expelled, they created for themselves tribunes on the Sacred Mount, who were to be plebeian magistrates.
dicti tribuni, quod olim in tres partes populus diuisus erat et ex singulis singuli creabantur: uel quia tribuum suffragio creabantur.
They were called tribunes, because formerly the people were divided into three parts, and from each one was created; or because they were created by the vote of the tribes.