Charter of Urso, 44 B.C.

FORWARD
This charter, known officially as the Law of Colonia Genetiva Julia, was app
arently drafted in outline by Julius Caesar, with later marginal corrections or
additions from time to time. After Caesar's death Mark Antony had this document,
marginal comments and all, along with other papers, enacted into law (A. von Pr
emerstein, ZSSR 43 [1922] 113; see Doc. 113). This history accounts for repetiti
ons, redundant phrases, disorderly arrangement, and general lack of finish in th
e law as it has descended to us.
Although much has been lost, this charter for the Spanish settlement of Urso
is more complete than any other such document and gives some clue to Caesar's p
olitical thought at the time of his death If anything, he was conservative. The
people seem to have had little significance in the government, except as an elec
toral body, and all legislation was vested in the Senate. There is no mention of
any veto power, and the officials are duumvirs, aediles, augurs, and priests. T
hus the constitution seems to be closely patterned after that of early republica
n Rome.
The four bronze tablets containing the inscription were found near Osuna, th
e ancient Urso, Spain, in 1870 and 1871.
61. In the case of any person being commanded to lay hand on the said defend
ant: such laying hand on the same shall be on the legal ground of a judgment giv
en, and it shall be lawful for the said person to perform such act without preju
dice to himself. The surety shall be a man of substance at the discretion of the
duumvir or other judicial authority. If the defendant fails to offer a surety o
r to obey the judgment of the court the said person shall lead him off. He shall
keep him in chains according to the civil law. In the case of any person resist
ing by force: if he is convicted of the same he shall be liable to double the am
ount claimed and besides shall be condemned to pay to the colonists of the said
colony 20,000 sesterces; and in respect to such money, any person at will shall
sue, and the duumvir or the person charged with jurisdiction shall exact and sha
ll adjudicate.
62. In respect to all duumvirs: each duumvir shall have the right and the po
wer to employ two lictors, an aide, two clerks, two summoners, a copyist, a crie
r, a soothsayer, and a flutist. In respect to the aediles in the said colony: ea
ch aedile shall have the right and the power to employ a clerk, four public slav
es in girded aprons,la a crier, a soothsayer, and a flutist. In this number they
shall employ persons who are colonists of the said colony. The said duumvirs an
d the said aediles, so long as they hold their magistracy, shall have the right
and the power to use the toga praetexta, wax torches, and tapers. As respecting
clerks, lictors, aides, summoners, flutists, soothsayers, and criers employed by
each of the same all the said persons, during the year in which they perform su
ch services, shall have exemption from military service. And no person, during t
he year in which they perform such services for magistrates, shall make any such
person a soldier against his will, or order him to be so made, or use compulsio
n, or administer the oath, or order such oath to be administered, or bind such p
erson, or order such person to be bound by the military oath, except on occasion
of sudden military alarms in Italy or in Gaul. The following shall be the rate
of pay for such persons as are apparitors to the duumvirs: for each clerk 1,200
sesterces, for each aide 700 sesterces, for each lictor 6oo sesterces, for each
summoner 400 sesterces, for each copyist 300 sesterces, for each soothsayer 500
sesterces, for a crier 300 sesterces; for persons serving the aediles the pay sh
all be: for each clerk 800 sesterces, for each soothsayer 500 sesterces, for eac
h flutist 300 sesterces, for each crier 300 sesterces. It shall be lawful for th
e said persons to receive the aforesaid sums without prejudice to themselves.
63. The duumvirs first appointed to hold office till December 31 shall have,
each severally, the same number of attendants which is allowed by this law. And
the said attendants shall receive not less than that amount of pay, which would
be properly paid for one fourth part of the year, and the total pay received sh
all be proportionate to the duration of their service; and that amount it shall
be lawful for them to receive without prejudice to themselves.
 64. All duumvirs holding office after the establishment of the colony shall
bring, within ten days next following the commencement of their magistracy, befo
re the decurions, when not less than two thirds are present, the question as to
the dates and the number of festal days, the sacrifices to be publicly performed
, and the persons to perform such sacrifices. Whatever a majority of the decurio
ns present at such meeting decree or determine concerning the said matters, it s
hall be lawful and valid, and such sacrifices and such festal days shall be obse
rved in the said colony.
65. Respecting any money paid into the common fund under the category of fin
es in connection with taxes belonging to the colony Genetiva Julia: no person sh
all have the power to pay such money or to give or to attribute the same to any
person, except for such sacrifices as are performed in the name of the colonists
in the colony or in some other place; and no person shall receive such money fo
r other purposes without prejudice to himself, and no person shall have the righ
t and the power to make a proposal concerning such money to the decurions or to
formulate a resolution. And the duumvirs without prejudice to themselves shall g
ive and attribute the said money for such sacrifices as are performed in the nam
e of the colonists in the colony or any other place; and they shall have the rig
ht and the power so to do. And it shall be lawful for the person to whom the sai
d money is given to receive the same without prejudice to himself.
66. Respecting pontiffs and augurs created from the colony Genetiva by Gaius
Caesar or by the person who by his command establishes the colony: such persons
shall be pontiffs and augurs of the colony Genetiva Julia and shall have their
places in the colleges of pontiffs and augurs within the said colony, under all
the conditions and with all the rights appertaining to pontiffs and augurs in ev
ery colony. And the said pontiffs and augurs, having places in their several col
leges, and also their children, shall have exemption from military service and f
rom public duties solemnly guaranteed, in such wise as a pontiff in Rome has or
shall have the same, and all their military campaigns shall be accounted as disc
harged. Respecting the auspices and the matters appertaining to the same: jurisd
iction and adjudication shall belong to the augurs. And the same pontiffs and au
gurs shall have the right and the power to use the toga praetexta at all games p
ublicly celebrated by magistrates and at public sacrifices of the colony Genetiv
a Julia performed by themselves; and the said pontiffs and augurs shall have the
right and the power to sit among the decurions, when they witness the games and
the gladiatorial combats.
67. All pontiffs and all augurs of the colony Genetiva Julia, elected or coo
pted, after the issuance of this law, in accordance with this law into the colle
ges of pontiffs or augurs to fill the place of persons deceased or condemned, sh
all have their places as pontiffs and augurs in such colleges within the colony
Julia, with all the rights appertaining to pontiffs and augurs in every colony.
No person shall be received or elected in place of another or coopted into the c
ollege of pontiffs except at a time when there are or shall be less than three p
ontiffs belonging to the colony Genetiva. Nor shall any person be elected in pla
ce of another or coopted into the college of Augurs, except at a time when there
are less than three augurs belonging to the colony Genetiva Julia.
68. The duumvirs or the prefect shall conduct and notify the elections of th
e pontiffs and augurs provided by this law in like manner as by this law it is p
roper for the duumvirs to be elected, created, or replaced.
69. The duumvirs first appointed after the establishment of the colony, duri
ng their magistracy, and future duumvirs in the colony Julia, within sixty days
next following the commencement of their office, shall propose to the decurions,
when not less than twenty are present, that the money payable in accordance wit
h the conditions of lease to the contractor or contractors, who have purchased t
he contract to supply all things requisite for sacrifices and religious acts, sh
all be assigned and paid to such persons. Neither shall any other matter be prop
osed to the decurions nor shall any decree of the decurions be passed until the
money in accordance with the conditions of the lease is assigned and paid to the
said contractors by decree of the decurions, provided that not less than thirty
are present when the said matter is discussed. Whatever is so decreed, the said
 duumvirs shall provide that same shall be assigned and paid to the contractor o
r contractors, provided that they do not pay or assign the same out of that mone
y, which in accordance with this law properly must be given and assigned for tho
se sacrifices are publicly performed in the colony or in any other place.
70. All duumvirs, except those first appointed after this law, during their
magistracy at the discretion of the decurions shall celebrate a gladiatorial sho
w or dramatic spectacles to Jupiter, Juno, and Minerva, and to the gods and the
goddesses, or such part of the said shows as shall be possible, during four days
, for the greater part of each day, and on the said spectacles and the said show
each of the said persons shall expend from his own money not less than 2,000 se
sterces, and from the public money it shall be lawful for each several duumvir t
o expend a sum not exceeding 2,000 sesterces, and it shall be lawful for the sai
d persons so to do without prejudice to themselves, always provided that no pers
on shall expend or make assignment of any portion of the money, which in accorda
nce with this law properly shall be given or assigned for those sacrifices which
are performed publicly in the or in any other place.
71. All aediles during their magistracy shall celebrate a gladiatorial show
or dramatic spectacles to Jupiter, Juno, and Minerva, or whatever portion of the
said shows shall be possible, during three days, for the greater part of each d
ay, and during one day games in the circus or the forum to Venus, and on the sai
d spectacles and the said show each of the said persons shall expend from his ow
n money not less than 2000 sesterces, and from the public fund it shall be lawfu
l for each several aedile to expend 1000 sesterces, and a duumvir or a prefect s
hall provide that the money shall be given and assigned, and it shall be lawful
for the aediles to receive the same without prejudice to themselves.
72. Respecting all money presented or brought to the sacred temples under th
e category of religious offerings and respecting any portion of such money as re
mains from the sacrifices performed in accordance with this law in honor of the
god or the goddess, to whom any such temple belongs: no person by act, or order,
or intercession shall prevent such surplus from being expended in that temple t
o which the said money is presented or brought under the category of religious o
fferings, nor shall any person expend the said money or cause the said money to
be expended for any other object.
73. No person within the boundaries of the town or the colony or within the
area marked round by the plowla shall introduce a dead person, or bury, or crema
te the same therein, or build therein a monument to a dead person. If any person
acts in contravention of this regulation he shall be condemned to pay to the co
lonists of the colony Genetiva Julia 5,000 sesterces and he shall be sued and pr
osecuted by any person at will for that amount. Any monument so built a duumvir
or an aedile shall cause to be demolished and if, in contravention of this law,
a dead person has been introduced and placed therein, they shall make the proper
expiation.
74. No person shall construct a new crematorium, where no dead person has be
en cremated, nearer to the town than half a mile. Any person acting in contraven
tion of this regulation shall be condemned to pay to the colonists of the colony
Genetiva Julia 5,000 sesterces and shall be sued and prosecuted by any person a
t will for that amount in accordance with this law.
75. No person shall unroof or demolish or dismantle any building in the town
of the colony Julia, unless he furnishes sureties, at the discretion of the duu
mvirs, that he has the intention of rebuilding the same, or unless the decurions
allow such act by decree, provided that not less than fifty are present when th
e said matter is discussed. If any person acts in contravention of this regulati
on he shall be condemned to pay to the colonists of the colony Genetiva Julia th
e value of the said building and shall be sued and prosecuted by any person at w
ill for that amount in accordance with this law.
76. No person shall possess within the town of the colony Julia pottery work
s or a tile factory of larger size than to produce 300 tiles per day. If any per
son possesses such works or factory, the said building and ground shall become t
he public property of the colony Julia, and any person at will shall have the ri
ght to claim such building and any magistrate charged with jurisdiction in the c
olony Genetiva Julia shall pay without malicious deception into the public funds
a sum of money equivalent to the value of the same.
77. If any duumvir or aedile desires in the public interest to make, to dig,
to alter, to build, or to pave any roads, dikes, or sewers within the boundarie
s belonging to the colony Julia, it shall be lawful for the said persons to do t
he same, provided that no injury is done to private persons.
78. Respecting public roads and footpaths within the boundaries assigned to
the colony, all such thoroughfares, roads, and footpaths that exist or shall exi
st or have existed in the said territories shall be public property.
79. Respecting all rivers, streams, fountains, lakes, springs, ponds, or mar
shes within the territory divided among the colonists of this colony: the holder
s and possessors of such land shall have the same rights of access, carriage, an
d drawing of water in respect to the said streams, fountains, lakes, springs, po
nds, and marshes, as belonged to former holders and possessors. In like manner t
he persons who own or possess the said land shall have legal right of way to the
said waters.
80. In the case of public business in the colony being given to any person b
y resolution of the decurions: the person to whom such business is given shall p
roduce and shall render an account of the said matter to the decurions without m
alicious deception as far as possible within 150 days next following his complet
ion of the said business or his ceasing to continue it.
81. In respect to all clerks of the duumvirs and the aediles of the colony J
ulia, to be employed in making entry of public money and in writing the accounts
of the colonists: every duumvir and every aedile, before the said clerks make e
ntries in the public account books, shall administer to each in a public meeting
, openly, in the day time, on a market day in the forum, an oath by Jupiter and
the household gods, that they will guard the public money of the said colony, an
d will keep true accounts in a proper manner without fraudulent intent, and will
not defraud with malice aforethought the colony by false entries. As each clerk
so takes oath, the said magistrate shall cause him to be entered in the public
books. Clerks failing to take such oath shall not copy the public accounts nor s
hall they receive the money or the pay customary for such service. Magistrates f
ailing to administer such oath shall be fined 5,000 sesterces and shall be sued
and prosecuted by any person at will for that amount in accordance with this law
.
82. Respecting lands or woods or buildings given or assigned to the colonist
s of the colony Genetiva Julia that they may have public use thereof: no person
shall sell the said lands or woods, or lease the same for a longer period than f
ive years, or make a proposal to the decurions, or carry a decree of the decurio
ns, whereby the said lands and woods shall be sold or leased otherwise than as a
foresaid. Nor, in the case of the said lands and woods having been sold, thereby
shall they cease to be the property of the colony Genetiva Julia. And any perso
n using the produce of the same on the ground of such purchase shall be condemne
d to pay each year to the colonists of the colony Genetiva Julia 100 sesterces f
or every juger and shall be sued and prosecuted by any person at will for that a
mount in accordance with this law.
91. Respecting any person elected or appointed decurion, augur, or pontiff i
n the colony Genetiva Julia in accordance with this law: whatsoever decurion, au
gur, or pontiff of the said colony fails within five years to possess a domicile
in the said colony or the town, or within a mile of the town, a domicile of suc
h value that a sufficient pledge can be taken from it, the same person shall cer
se to be augur, pontiff, or decurion in the said colony; and the duumvirs in the
said colony in a proper manner shall provide that the names of such persons sha
ll be taken oi the public lists of decurions and of priests; and it shall he law
ful for the said duumvirs so to do without prejudice to themselves.
92. The duumvirs holding office in the said colony shall propose to the decu
rions concerning the dispatch of public delegations when a majority of the decur
ions of the said colony are present, and any decree, passed by a majority of tho
se present at that meeting, shall be lawful and valid. In the case of a person e
lected to discharge a delegation, resolved upon in accordance with this law or b
y decree of the decurions passed in accordance with this law, failing to dischar
ge the same: such person shall provide a substitute from the said order, in such
manner as is proper by this law or by the decree of the decurions. If he fails
to furnish such substitute, and for every occasion of such failure, he shall be
condemned to pay to the colonists of this colony 10,000 sesterces and shall be s
ued and prosecuted by any person at will for that amount.
93. No duumvir appointed or created after the establishment of the colony an
d no prefect left in charge by a duumvir in accordance with the charter of the c
olony shall receive or accept, concerning public ground or for public ground, fr
om a contractor, or a leaseholder, or a surety any gift, or present, or remunera
tion, or any other favor; nor shall he cause any such favor to be bestowed upon
himself or upon any of his staff. Any person acting in contravention of this reg
ulation shall be condemned to pay to the colonists of the colony Genetiva Julia
20,000 sesterces and shall be sued and prosecuted by any person at will for that
amount.
94. No person in this colony shall adjudicate or have jurisdiction, save the
duumvirs, or a prefect left in charge by a duumvir, or an aedile, as provided i
n this law. Nor shall anyone cause by virtue of such irnperium or authority any
person to adjudicate in the said colony, except those persons who properly adjud
icate by this law.
95. In the case of recuperators being assigned and failing to give judgment
on the day commanded: the duumvir or the prefect, when the case in question come
s to trial, shall order the said recuperators and the party concerned in the sai
d case to be present, fixing a certain day for their appearance, until the said
case is adjudicated, and he in a proper manner shall cause adjudication on the s
aid case to be made within twenty days after recuperators are assigned and order
ed to adjudicate. And he shall cause public notice to be served on the witnesses
as to the said case, not exceeding twenty persons, being colonists or resident
aliens, selected at will by the person who conducts the case. And he shall provi
de that the persons on whom such notice is served and whose names are included i
n the list of witnesses shall be present at the said trial. And in a proper mann
er he shall cause anyone, who knows or has head aught of the matters under inqui
ry, to declare his evidence, after taking oath, provided that not more than twen
ty persons in all are compelled to give evidence at any one trial. No person sha
ll be compelled to give evidence against his will if he is related to the party
concerned in the said case, as father-in-law, son-in-law, stepfather, stepson, p
atron, freedman, cousin, or any nearer connection by blood or affinity. In the c
ase of the duumvir or the prefect, who makes such claim for the colonists, faili
ng to be present: if such absence is due to serious illness, or business connect
ed with bail, or jurisdiction, or sacrifice, or funeral in his household, or pur
ificatory rites ensuing thereon, or if he is detained by some magistracy or powe
r conferred by the Roman people, then it is not the intent of this law that, in
the absence from the court of the person conducting the matter, the allotment or
the rejection of the recuperators shall proceed or the matter shall be adjudica
ted. In the case of a private person making the claim, and failing to be present
on the proper day for the holding of the court, and not having been excused, wh
en the case comes at the discretion of the duumvir or the prefect, on the ground
that one of the aforesaid causes of absence had arisen, namely, serious illness
, or business connected with bail, or jurisdiction, or sacrifice, or funeral in
his household, or purificatory rites ensuing thereon, or that he is prevented fr
om attending by a magistracy or power conferred by the Roman people: then no act
ion shall lie in respect to matters for which an inquiry is provided by this law
. And in respect to such matter: the law shall take its course and the matter sh
all remain exactly as though no judices had been elected and no recuperators had
been assigned for the said matter.
96. If any decurion of the said colony demands of a duumvir or a prefect tha
t a proposal shall be made to the decurions concerning public money, or fines, o
r penalties, or concerning public grounds, lands, or buildings, whereby there ma
y properly be made an investigation and an adjudication, then the duumvir or the
person charged with jurisdiction, on the first available day, shall consult the
 decurions on the said matter and shall cause a resolution of the decurions to b
e made, provided that a majority of the decurions are present when such matter i
s discussed. Whatever a majority of the decurions then present determine shall b
e lawful and valid.
97. No duumvir and no person with the power of a duumvir in the said colony
shall so act, or so propose to the decurions, or so cause a decree of the decuri
ons to be made, that any person shall be a patron or shall be adopted as a patro
n to the colonists of the said colony, save the person invested by the Julian La
w with the right to give and to assign lands to the colonists, and the person wh
o established the said colony, together with their children and descendants, exc
ept after a resolution of a majority of the decurions present, passed by means o
f voting tablets, not less than fifty being present when the said matter is disc
ussed. Any person acting in contravention of this regulation shall be condemned
to pay 5,000 sesterces to the colonists of the said colony and shall be sued by
any colonist of the said colony at will for that amount.
98. In the case of performance of any public work having been decreed by the
decurions of the said colony, a majority of the decurions being present when th
e said matter is discussed: it shall be lawful for such work to be performed, pr
ovided that in any one year not more than five days' work for each adult male no
r more than three days' work for each yoke of draught animals is decreed. The sa
id public work by decree of the decurions shall be superintended by the aediles
then in office. They shall provide that the work shall be performed, as the decu
rions resolve, as long as no labor is required, without his own consent, from an
y person less than fourteen or more than sixty years of age. Persons possessing
a domicile or an estate in the said colony or within the boundaries of the said
colony but not being colonists of the said colony shall be liable to the same am
ount of labor as a colonist.
99. Respecting any public aqueducts brought into the town of the colony Gene
tiva: the duumvirs then in office shall make proposal to the decurions, when two
thirds of the same are present, as to the lands through which an aqueduct lawfu
lly maybe brought. Whatever lands a majority of the decurions then present deter
mine, provided that no water is brought through any building not constructed for
that purpose, it shall be lawful and right to bring an aqueduct through the sai
d lands, and no person shall do aught to prevent an aqueduct from being so broug
ht.
100. In the case of any colonist desiring to conduct waste water into his pr
ivate property and coming before a duumvir and demanding that the matter shall b
e brought before the decurions: then the said duumvir of whom such demand is mad
e shall lay the matter before the decurions when not less than forty are present
. If a majority of the decurions then present resolve that the waste water shall
be conducted into private property the said person shall have the right and the
power to use the said water in such way, provided that no injury is caused to p
rivate individuals.
101. No person holding the comitia for the election or by-election of magist
rates shall accept at the said comitia any person for a tribe, or return or orde
r the return of any candidate, to whom any of those causes attaches, whereby it
is not proper or lawful for any person within the colony by this law to be nomin
ated or created a decurion or to sit among the decurions.
102. No duumvir holding an investigation or conducting a trial in accordance
with this law, unless such trial is by this law bound to be concluded in one da
y, shall hold the said investigation or conduct the said trial before the first
or after the eleventh hour of the day. The said duumvir also, in respect to the
several accusers, shall give to the chief accuser the privilege of making his ac
cusation for four hours and to every subordinate accuser for two hours. In the c
ase of an accuser conceding a portion of his time to another person: he shall gi
ve to the said person to whom such time is conceded by so much the longer time f
or speaking. He likewise shall give to the person who concedes a portion of his
time to another person by so much the shorter time for speaking. For whatsoever
number of hours in all the whole number of accusers have the privilege of speaki
ng in each several suit he shall give to the defendant or the persons pleading f
or the defendant the privilege of speaking for twice the said number of hours in
each suit.
103. Whenever a majority of the decurions present at any meeting determine t
o draft armed men for the purpose of defending the territories of the colony, it
shall be lawful, without prejudice to themselves, for every duumvir or prefect
charged with jurisdiction in the colony Genetiva Julia to draft under arms colon
ists, resident aliens, and "attributed" persons. And the said duumvir or any per
son placed in command of such armed force by the duumvir shall have the same rig
ht and the same power of punishment that belongs to a military tribune of the Ro
man people in an army of the Roman people; and he shall exercise lawfully and pr
operly such right and power without prejudice to himself, provided that all acts
performed are in accordance with the decree of a majority of the decurions pres
ent at the said meeting.
104. Respecting all boundary roads or crossroads, made or marked within the
territories of the colony Genetiva, and all boundary ditches within the land, gi
ven and assigned by order of Gaius Caesar, dictator and imperator, and by the An
tonian Law and by decrees of the Senate and by plebiscites: no person shall have
the said boundary roads or crossroads blocked, nor have any heaps or obstructio
ns therein, nor plow over the same, nor block nor obstruct the said ditches, whe
reby water may be hindered from running and flowing in its proper course. If any
person acts in contravention of this regulation, for every several such act, he
shall be condemned to pay to the colonists of the colony Genetiva Julia 1,000 s
esterces and shall be sued and prosecuted by any person at will for that amount.
105. In the case of any person declaring that a decurion is unworthy of his
place or of the order of decurions on any ground except that such decurion is a
freedman, and in the case of demand being made of a duumvir that an action shall
be granted concerning the said matter: then the duumvir, to whose court applica
tion is made on such matter, shall take cognizance thereof and shall grant an ac
tion. If the said decurion is condemned in the action, he shall cease thencefort
h to be a decurion, nor shall he declare his vote among the decurions, nor shall
he be a candidate for the office of duumvir or aedile, nor shall any duumvir at
the comitia accept his candidature in the voting, nor shall return nor shall or
der the return of such person as duumvir or aedile.
106. No colonist of the colony Genetiva, established by order of Gaius Caesa
r, the dictator, shall organize any assemblage or meeting or conspiracy in the s
aid colony.
123. In the case of a majority of the judices, before whom the said matter i
s treated, not being convinced that the person concerning whom the action is gra
nted is unworthy of his place as a decurion: then the duumvir, to whom applicati
on is made on the said matter, shall order the accused person to be acquitted in
the said action by the said judices. The person so acquitted, provided that no
action is granted on the ground of collusion, shall be acquitted in the said act
ion in accordance with this law.
124. In the case of a decurion of the colony Genetiva accusing of unworthy c
onduct another decurion of the said colony Genetiva in accordance with this law
and causing in accordance with this law the condemnation of the person so accuse
d in the said action: then the accuser, if he so desires, shall be allowed by th
is law to declare his vote in the place of the person so condemned; and it shall
be lawful for the said person rightly, legally, and duly so to act without prej
udice to himself, and the said place for declaring or demanding votes among the
decurions shall belong by this law to the said person.
125. At the games no person shall occupy any plate given, assigned, or left
to the decurions, from which it is proper for decurions to view the games, excep
t the one who is at that time a decurion of the colony Genetiva, or who holds at
that time a magistracy or authority or power by the votes of the colonists or b
y the command of Gaius Caesaz dictator, consul or proconsul, or who at the time
has some promagistracy or power in the colony Genetiva, or to whom it is proper
for places to be assigned among the decurions by decree of the decurions of the
said colony, suda decree being passed when not less than one half of the decurio
ns are present at the discussion. Nor shall any person, with malice aforethought
, introduce or order to be introduced into the said place any others except the
aforesaid persons. If any person with malice aforethought occupies such places i
n contravention of this law, or introduces another person into the same, or orde
rs with malice aforethought another person to be so introduced, for every such a
ct against this law, he shall be condemned to pay to the colonists of the colony
Genetiva Julia 5000 sesterces and any of the colonists, at will, shall have the
right and the power to bring an action, a claim, and a suit for that amount of
money, in accordance with this law, in a recuperatory action, before a duumvir o
r a prefect.
126. Every duumvir, aedile, or prefect of the colony Genetiva Julia, or any
other person of the colony Genetiva Julia, celebrating dramatic spectacles, shal
l accommodate the colonists of the colony Genetiva, resident aliens, guests, and
strangers in such manner as the decurions decree and determine, without malicio
us deception, not less than fifty decurions being present when the said matter i
s discussed. Whatsoever is so decreed and determined by the decurions shall be l
egal and valid in accordance with this law. Nor shall the person celebrating the
games accommodate the aforesaid persons, nor order the same to be accommodated
otherwise or in other manner, nor give, nor apportion, nor assign places, nor or
der places to be given, apportioned, or assigned in another manner, nor shall he
do aught nor order aught to be done, whereby the said persons shall sit otherwi
se or in another manner than in the places to be given, apportioned or assigned,
nor whereby any person with malice aforethought shall sit in a place reserved f
or others. Any person acting in contravention of this regulation, for each and e
very other act, shall be condemned to pay to the colonists, at will, shall have
the right and the power to bring an action, a claim, and a suit for that amount
of money, in accordance with this law, in a recuperatory action, before a duumvi
r or a prefect.
127. Respecting any dramatic spectacles in the colony Genetiva Julia: no per
son shall sit in the orchestra to view the performance except a magistrate or a
promagistrate of the Roman people, or a Roman official charged with jurisdiction
, or a person who is or shall be or has been a senator of the Roman people, or t
he son of such senator, or the overseer of the workmen of the magistrate or prom
agistrate holding the province of Farther Spain, or Baetica, or those persons wh
o properly by this law shall sit in the place assigned to the decurions. Nor sha
ll any person introduce into the said place nor allow to sit therein any persons
other than the aforesaid persons.
128. Every duumvir or aedile or prefect of the colony Genetiva Julia, severa
lly during the year of his magistracy or imperium, as far as possible, in a prop
er manner and without malicious intent, shall provide that directors shall be ap
pointed for chapels, temples, and shrines in such manner as the decurions resolv
e, and that the said directors, severally in each year, shall provide that games
in the circus, sacrifices, and pulvinarian services shall be celebrated in such
manner as the decurions determine and decree concerning the aforesaid matters -
- to wit, the appointment of directors, the celebration of games in the circus,
the superintendence of sacrifices, and the celebration of pulvinarian services.
And whatever the decurions determine and decree concerning the aforesaid matters
shall be legal and valid; and all the said persons, to whom such matter apperta
ins and for whom it is proper in accordance with this law to perform any such ma
tter, without malicious deception shall perform the same. If any person acts in
contravention of this regulation, for every such act, he shall be condemned to p
ay to the colonists of the colony Genetiva Julia 10,000 sesterces and any of the
colonists, at will, shall have the right and the power to bring an action, a cl
aim, and a suit for that amount of money, in accordance with this law, in a recu
peratory action, before a duumvir or a prefect.
129. All duumvirs, aediles, and prefects of the colony Genetiva Julia, and l
ikewise all decurions of the colony Genetiva Julia, diligently and without malic
ious deception, shall observe and obey the decrees of the decurions, and shall u
se their diligence to do and to perform, in a proper manner and without maliciou
s deception, all things whatsoever it is proper a for the said persons respectiv
ely to do and to perform in accordance with the decree of the decurions. If any
person fails so to act or with malice aforethought acts in contravention of this
regulation, for every such act or omission he shall be condemned to pay to the
colonists of the colony Genetiva Julia 10,000 sesterces and any of the colonists
, at will, shall have the right and the power to bring an action, a claim, and a
suit for that amount of money, in accordance with this law, in a recuperatory a
ction, before a duumvir or a prefect.
130. No duumvir or aedile or prefect of the colony Genetiva Julia shall prop
ose to the decurions of the colony Genetiva, or consult the decurions, or carry
a decree of the decurions, or enter or order such decree to be entered in the pu
blic records, and no decurion when such matter is discussed shall declare a vote
among the decurions, or frame a decree of the decurions, or enter or order such
decree to be entered in the public records, whereby any senator of the Roman pe
ople, or the son of such senator. shall be adopted, chosen, or created patron of
the colony Genetiva, unless three fourths of the decurions approve means of vot
ing tablets and unless the person concerned, at the time when such matter is dis
cussed, is a private person in Italy without imperium. If any person in contrave
ntion this regulation proposes to the decurions, or carries or causes to be carr
ied a decree of the decurions, or enters or orders such decree to be entered in
the public records, or if any person declares a vote among the decurions, or fra
mes a decree of the decurions, or enters or orders such decree be entered in the
public records, for every such act committed in contravention of this law he sh
all be condemned to pay to the colonists of the colony Genetiva Julia 100,000 se
sterces and any of the colonists, at will, shall have the right and the power to
bring an action, a claim, and a for that amount of money, in accordance with th
is law, in a recuperatory action, before a duumvir or an interrex or a prefect.
131. No duumvir or aedile or prefect of the colony Genetiva Julia shall prop
ose to the decurions of the colony Genetiva, or consult the decurions, or carry
a decree of the decurions, or enter or order such decree to be entered in the pu
blic records, and no decurion shall declare a vote among the decurions, or frame
a decree of the decurions, or enter or cause such decree to be entered in the p
ublic records, and no decurion shall declare a vote among the decurions, or fram
e a decree of the decurions, or enter or cause such decree to be entered in the
public records, whereby any senator of the Roman people, or the son of such sena
tor, shall be adopted as a public guest of the colony Genetiva Julia, or whereby
the relation or the contract of public hospitality shall be concluded with any
such person, unless a majority of the decurions approve by means of voting table
ts and unless the person concerned, at the time when such matter is discussed, i
s a private person in Italy without imperium. If any person in contravention of
this regulation, proposes to the decurions, or carries or causes to be carried a
decree of the decurions, or enters or orders such decree to be entered in the p
ublic records, or if any person declares a vote among the decurions, or frames a
decree of the decurions, or enters or orders such decree to be entered in the p
ublic records, for every such act committed in contravention of this law he shal
l be condemned to pay to the colonists of the colony Genetiva Julia 10,000 seste
rces and any of the colonists, at will, shall have the right and the power to br
ing an action, a claim, and a suit for that amount of money, in accordance with
this law, in a recuperatory action, before a duumvir or a prefect.
132. No person in the colony Genetiva, being a candidate or standing for ele
ction to any magistracy within the colony Genetiva Julia, after the issuance of
this law, in order to seek such magistracy, or during the year in which he is a
candidate, or stands for or intends to stand for such magistracy with malice afo
rethought shall provide entertainments, or invite any person to dinner, or hold
or provide a banquet, or with malice aforethought cause another person to hold a
banquet or invite any person to dinner with a view to his candidature, but, nev
ertheless, the said candidate himself, who is seeking a magistracy, may invite,
if he so desires, without malicious intent, during the said year daily any perso
ns not exceeding nine. No candidate seeking office shall, with malice aforethoug
ht, give or make largess of any gift or present or any other thing with a view t
o his candidature. Nor any person, with a view to the candidature of another, sh
all provide entertainments, or invite any person to dinner, or hold a banquet, o
r, with malice aforethought, give or make largess of any gift or present or any
other thing. If any person acts in contravention of this regulation, he shall be
condemned to pay to the colonists of the colony Genetiva Julia 5,000 sesterces
and any of the colonists, at will, shall have the right and the power to bring a
n action, a claim, and a suit for that amount of money, in accordance with this
law, in a recuperatory action, before a duumvir or a prefect."
133. Respecting all persons who are or shall be colonists of the colony Gene
tiva Julia: the wives of all such persons, being within the colony Genetiva Juli
a in accordance with this law, as well as their husbands, shall obey the laws of
the colony Genetiva Julia and in all good faith shall enjoy in accordance with
this law all such rights as are specified in this law.
134. No duumvir or aedile or prefect of the colony Genetiva after the issuan
ce of this law shall propose to the decurions of the colony Genetiva, or consult
the decurions, or carry a decree of the decurions, or enter or order such decre
e to be entered in the public records; and no decurion, when such matter is disc
ussed, shall declare a vote among the decurions, or frame a decree of the decuri
ons, or enter or cause such decree to be entered in the public records, whereby
any public money or anything else shall be given or granted to any person, as a
reward for holding office, or for giving or promising a gladiatorial show, or fo
r the sake of giving or erecting a statue ...
Source:
Ancient Roman statutes : translation, with introduction, commentary, glossary, a
nd index€
by Allan Chester Johnson, Paul Robinson Coleman-Norton, Frank Card Bourne ; gene
ral editor, Clyde Pharr€
Austin : University of Texas Press, 1961€
Used with the Permission of the University of Texas Press.