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Law of Caesar on Municipalities, 44 B.C.

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Before his death Julius Caesar was engaged in composing regulations for the distribution of grain to the poor and other matters for the welfare of Rome and of Italy. These were in rough draft when Caesar was murdered Apparently Mark Antony found these drafts among Caesar s papers and, including all those relating to Rome and Italy in a lex satura (mixed law, i.e., an omnibus act on heterogeneous subjects), had them ratified under a single law, without revision, as part of Caesar's acts See A von Premerstein, ZSSR 43 (1922) 45. Since the beginning and the end are lost, there is no way to determine the extent and the scope of Caesar's legislation. The first six sections deal with the grain dole Evidently a complete census of the citizens was taken, but all that can be inferred from the surviving sections is that citizens with a certain amount of property were disqualified. The burden of repair and maintenance of the public streets of Rome was placed on the property owners under supervision of the aediles (7-13). Vehicular traffic during the day, from sunrise to late afternoon, was limited to outgoing carts or to those with special license, with a few minor exceptions (14-16). The use of stoas, arcades, and public areas by private individuals was regulated (17-19). After a passage on two minor points (20-21), the qualifications of magistrates and senators in Italian communities were prescribed (22-27) Membership in the local Senate was limited, and new members could be admitted only to replace those who had died or had been disqualified (22). Disqualification usually followed condemnation for any reason that caused infamy (25). Provision was made for a complete census of Roman citizens in Italy (28- 29). The last section (30) on the tablet indicates that someone had been delegated to draft a special charter for Fundi. It is possible that a similar provision was made for Tarentum and other cities, whether settled by Caesar's veterans or not.

LAW OF CAESAR ON MUNICIPALITIES. 1) If by this law it is proper for anyone to make his declarationla before the consul and if he is absent from Rome when it is proper' for him to make his declaration. 3) If the consul before whom by this law it is proper for these declarations to be made is absent from Rome. 4) If none of the consuls or the praetors before whom by this law it is proper for declarations to be made are in Rome. then the person required to make the declaration shall make it before the urban praetor or. in his absence.C. before whom is made the declaration. then his agent2 shall declare in the same manner and on the same days before the consul all the same things that his principal properly' should have declared by this law if he were in Rome. 44 B. like Fundi. before the peregrine praetor in the same manner as one properly1 should declare by this law before the consul if he were in Rome at that time. and the only reasonable explanation for the recording of such a medley of unrelated laws here is that Heraclea. formerly a Greek city on the Gulf of Tarentum. 5) The magistrate. was posted at Heraclea. must have owed its charter to this law. then the required declaration shall be made before the plebeian tribune in the same manner as one properly should declare by this law before the consul or the urbanpraetor or the peregrine praetor if he were in Rome at that time. . found in two parts in 1732 and 1735. 2) If by this law it is proper for anyone to make his declaration before the consul and if he or she is a ward. just as the owner properly should have declared by this law if he or she were not a ward. then his or her guardian shall declare in like manner before the consul all the same things on the same days.This bronze tablet.

000 sesterces payable to the State for each modius of grain so given. or permit grain to be given to anyone of those persons whose names in conformity with this law have been posted by the consul. the said aedile shall have the oversight of repairing and maintaining . and anyone so minded shall be entitled to sue for this sum. 6) The distributor of grain to the people or whoever has charge of such distribution shall not give. on which there is continuous settlement now or in the future. shall provide that each person's name. the praetor. and the day on which he has declared them shall be entered in the public records and that all these entries shall be accurately copied on a tablet on the bulletin board in the Forum. Whatever part of the city becomes the responsibility of any aedile by this law. or the plebeian tribune on the bulletin board. and he shall have the oversight of such work. order. If anyone in contravention of this regulation gives grain to anyone of those persons so posted he shall be liable to a penalty of 50. The aforesaid aedile. the things which he has declared. 7) Each owner of property fronting on the streets of Rome or on streets within a mile of Rome. within the next five days after they have been designated to or have entered upon this office. for the greater part of each day. where it can be easily read from the ground level. shall keep such portion of the street in repair at the discretion of that aedile who has jurisdiction in this quarter of the city by this law. at his discretion. Whenever and whereever grain is distributed to the people he shall keep this list displayed daily.which it is proper for anyone to make in accordance with this law. to determine in which part of the city each shall have charge of the repair and the paving of the public streets in Rome or within one mile of Rome. shall provide that each owner of property fronting on the street shall keep in repair that portion of the street which by this law it is proper for him to maintain and he shall provide that no water shall stand there to prevent the public from convenient passage. 8) The curule and the plebeian aediles now in office and those who shall be appointed or elected or who shall enter upon this office after the passage of this law shall agree among themselves or shall cast lots.

10) If anyone. 11) If it is proper for a contract for street maintenance to be . for the benefit of the person who contracts for the maintenance of the aforesaid street. the day on which the contract shall be given. who in accordance with this law properly should maintain the public street in front of his property. In a suit for this money the magistrate. For at least ten days before he awards the contract. a public building. he shall be obliged to pay the amount assessed and a penalty of half of the amount to the contractor. the latter at his discretion shall lease the contract for its maintenance. before whose property the street runs. To the aforesaid owners or their agents at their homes he shall give notice of his intention to lease the contract for the aforesaid street and of the day on which the contract shall be given. and the names of the property owners on that portion of the street.the streets which are in that part as is proper1 by this law. 9) Whatever street lies between a temple. or a public area on one side and a private building on the other. If the owner on whom this assessment has been imposed. in proportion to the length and the breadth of the street in front of each property. He shall assess this amount without malicious deception. does not maintain it as he properly should in the judgment of the aedile concerned. or his agent. in the public records of money due. The urban quaestor or whoever is in charge of the treasury shall provide that. shall appoint a judex and grant an action in the same way as it is proper for a judex to be appointed and an action to be granted in a suit for the recovery of a money loan. does not pay this money or give security therefor to the contractor within the next thirty days of his notification of the assessment. entry shall be made of that sum for which the contract was awarded in the name of the person or persons. the aedile who is in charge of this region of the city shall lease the maintenance of half of the said street. on application. he shall post in front of his tribunal in the Forum the name of the street to be maintained. on the owner or owners. He shall make this contract publicly in the Forum through the urban quaestor or whoever is in charge of the treasury. where the temple or the public building or the public area is situated.

the owner shall keep this alleyway properly paved along the whole face of the building with whole. and the duumvirs in charge of cleaning the streets outside the city walls within a mile of Rome. or for removing from the city rubbish from those buildings for whose demolition public contracts have been let. whoever are appointed hereafter. or the flamens to ride in the city for the purpose of official sacrifices of the Roman people. the king of the sacrifices. 13) Wherever a building abuts on an alleyway. the aedile who properly should do so shall award the contract for the maintenance of this street through the urban quaestor or ever is in charge of the treasury. 14) After January 1 next no one shall drive a wagon along the streets of Rome or along those streets in the suburbs where there is continuous housing after sunrise or before the tenth hour of the day. whatever wagons are proper for a triumphal procession when any one triumphs. for which each street is so leased. from caring for the street-cleaning or from having jurisdiction in the matter as is proper by laws or plebiscites or decrees of the Senate. 15) Whenever it is proper for the vestal virgins. 12) It is not the intent of this law to prevent the aedile the quattuorvirs in charge of cleaning the city streets. with the proviso that the maintenance of this street shall be subject to the approval of the aedile responsible for the giving of the contract. shall be awarded and assigned to the contractor or to his heir. whatever wagons are proper for public games within Rome or . For these purposes permission shall be granted by this law to specified persons to drive wagons for the reasons stated. or for public works. The urban quaestor or whoever is in charge of the treasury shall provide that the amount of the contract.let in accordance with this law. to whom it properly should be awarded in accordance with the terms of the contract. except whatever will be proper' for the transportation and the importation of material for building temples of the immortal gods. durable. well-joined paving blocks to the satisfaction of the aedile who has jurisdiction over roads in that district in accordance with this law.

as shall be allowed each one to do so without malicious intent in accordance with the terms of the contract. 17) Respecting public areas and public arcades in Rome or within a mile of Rome. it is not the intent of this law to prevent the use of such wagons during the day within the city for these occasions and at these times. no one shall have any structure built or erected in these areas or arcades. except for such persons to whom permission has been granted by statutes or plebiscites or decrees of the Senate.within one mile of Rome or for the procession held at the time of the games in the Circus Maximus. and when provision is made in the terms of the contract for those who lease the reservation and the use of such areas that they may use and enjoy them. nor shall he enclose or bar off any part of them. 18) When the censor or any other magistrate in accordance with the terms of the contract proclaims that certain areas are to be set aside or to be used to yield public revenue or for the production of tribute. 20) It is not the intent of this law to prevent clerks and . 16) It is not the intent of this law to prevent ox wagons or donkey wagons that have been driven into the city by night from going out empty or from carrying out dung from within the city of Rome or within one mile of the city after sunrise until the tenth hour of the day. to prevent free use and access of such areas or arcades by the people. nor shall any one acquire possession in any way of these areas or arcades. or that these areas shall be guarded by the lessees. or from using public areas on those days on which he gives the games. 19) If anyone provides games in Rome or within one mile of Rome it is not the intent of this law to prevent him from building or erecting in public places a stage or a platform or other structures that are required for such games. it is not the intent of this law to prevent these lessees from the use and the enjoyment of these areas. which are by law under the jurisdiction of the aediles or of those magistrates in charge of cleaning the streets and the public areas in Rome or within a mile of Rome.

whereby he should not properly' serve against his will. in the second year following enactment of this law. accept. a colony. or any other magistracy. no person under thirty years of age shall be a candidate for." Nor shall anyone who is an auctioneer. nor shall he give his vote as such in a municipality. or one who admits that he is not qualified by this law to be a senator. or a prefecture. unless he has served three campaigns in the cavalry or six campaigns in the infantry of a legion. accept. or meeting places of Roman citizens. or hold the office of duumvir. Two half-year campaigns may count as separate years. markets. shall not appoint. If anyone has exemption from military service by statutes or plebiscites or treaty. or an undertaker. administer. or a conscript in that community. except in the place of a senator deceased. be a candidate for. quattuorvir. or have named as decurions or conscripts in the Senate anyone in the aforesaid communities. If any of the abovementioned persons acts in contravention of this law he shall be liable to a penalty of 50. colonies. 21) If the censors assign certain areas to public slaves for dwelling or for use it is not the intent of this law to prevent such use of these areas.copyists attending magistrates from using public areas for purposes of such attendance. or administer the office of duumvir. or a prefecture. whether duumvirs.000 sesterces payable to the State. coopt. and anyone so minded shall be entitled to sue for this sum. or any other magistracy in a municipality." These campaigns he shall have served for the greater part of each year either in camp or in a province. prefectures. wherever the magistrate commands their services. nor shall he be a senator or a decurion. a decurion. or condemned. a master of funeral ceremonies. . 22) Those persons who hold office in municipalities. he is not subject to this restriction. or a conscript. a colony." so long as he is engaged in such a trade. substitute. quattuorvirs. quattuorvir. 23) After January 1. or under whatever other title they hold magisterial powers by the vote of the citizens in the aforesaid communities.

" anyone who binds himself to fight as a gladiator. nor shall anyone who comes under the following categories be permitted to express his opinion or to cast his vote in that body: anyone who is condemned for theft which he himself has committed or who compounds such theft. and anyone so minded shall be entitled to sue for this sum. partnership. unless he has served three campaigns in the cavalry or six campaigns in the infantry of a legion. prefecture. which may count with him for separate years. master of funeral ceremonies." so long as he is employed in such a trade. 25) No one shall be admitted among the decurions and the conscripts in the senate of any municipality. or unless he has exemption from military service by statutes or plebiscites or treaty. Nor with malice aforethought shall he call upon such persons for their vote nor shall he require them to speak or to cast their vote. if it is allowed by statutes or plebiscites. If anyone does so in contravention of this law he shall be liable to a penalty of 50. a colony. or whoever may be magistrate in that community. or meeting place of Roman citizens. Nor shall he choose. quattuorvir. or a prefecture after July 1 next for the election of or the substitution for duumvirs. colony. infliction of injury or fraud. during which campaigns he shall have served in camp or in a province for the greater part of each year. quattuorvirs. guardianship.000 sesterces payable to the State. anyone who denies a debt on oath before the praetor or takes an oath that he is solvent. or any other magistrates. substitute. or coopt such persons into the senate among the decurions or the conscripts. market. or undertaker. whereby he should not properly serve against his will. anyone for whom the sureties pay and settle the obligation. or for two half-years. he shall not announce or order to be announced the election of any of the aforesaid magistrates who is under thirty years of age. anyone who is condemned in an action for trusteeship. Nor shall he declare the election of anyone who is employed as auctioneer. anyone who is condemned either by the Plaetorian Law or for something that he has done or does contrary to that law.24) If anyone holds elections in a municipality. mandate. anyone who gives notice to sureties or creditors that he cannot pay his debt in full or who compounds with them to that effect. anyone whose possessions are seized and . as duumvir.

to give his vote orally or by ballot there. a colony. If any of the aforesaid persons in contravention of this law takes his place or gives his vote among the decurions or the conscripts in the senate of the abovementioned communities he shall be liable to a penalty of 50. market. anyone who is condemned by public trial in that municipality. prefecture. or of someone who was absent on public business. no one who summons the senate. or conscript. to speak or to cast a vote in the senate of a municipality.000 sesterces to be paid to the State. No one who has supreme authority in the aforesaid communities by the vote of their citizens shall allow with malice aforethought any ineligible person to attend the senate with the decurions or the conscripts. and anyone so minded shall be entitled to sue for that sum. a market. to be included in their number. colony. anyone who is deprived of his rank in the military service because of disgrace. decurion. anyone who takes money or any other reward for bringing in the head of a Roman citizen. anyone who prostitutes his body for gain. or meeting place of which he is a citizen. anyone who trains gladiators or acts on the stage or keeps a brothel. 26) If this law declares a person to be ineligible to serve as senator. the decurions. a prefecture.advertised for sale at public auction by the edict of the magistrate in charge of the administration of justice. If in violation of this law such a person has been elected by the aforesaid assemblies the magistrate shall not announce the . anyone who is condemned at Rome by public trial whereby it is unlawful for him to remain in Italy and who is not restored to his former status. provided that he does not contrive fraudulently to be absent for such purpose. anyone whom a general dismisses from the army in disgrace. anyone who is condemned of having lodged a false accusation or of having done something from collusion. He shall not accept such persons as candidates for election in any electoral assembly of the people or of the plebs. or a meeting place. excepting the cases of those whose property was so treated when they were wards. He shall not ask him for an opinion there nor with malice aforethought shall bid him vote orally or by ballot. and the conscripts in the aforesaid communities shall summon with malice aforethought such an ineligible person to meet with them.

to witness the games or to attend public banquets with the senate. This censor. or prefectures more than sixty days before the census at Rome is completed. He shall provide that the census shall be completed and that the envoys shall appear before the censors at Rome and shall deliver the registers of the respective municipalities. which shall be posted at Rome by the official who is about to take the census of the people at that time. He shall enter all this on the public records of his municipality. with malice aforethought. the decurions. Nor shall such persons take their seat in the senatorial circle of decurions and conscripts to witness games or gladitorial combats or to participate in public banquets. he shall not become duumvir or quattuorvir or hold any magistracy or office of authority in that community. cognomens. He shalIl accept from them under oath their names. the age of each citizen. or prefectures of Roman citizens which exist in Italy at that time when the censor or some other magistrate takes the census at Rome shall take the census of the Roman citizens in all the aforesaid communities within sixty days after he knows that such census is being taken at Rome. And no magistrate or person with authority in that community shall permit him. or any other office from which he would pass into the senate of the aforesaid communities. tribes. or whatever other magistrate conducts the census of the people in the next five days after the arrival of the envoys. or the conscripts. quattuorvir. or conscripts of the aforesaid communities shall not stand as candidate for or accept the office of duumvir.election. 28) Whoever has the chief magistracy or the supreme authority in those municipalities. praenomens. colonies. If anyone of such persons is announced as selected in contravention of this law.000 sesterces to be paid to the State. parents or patrons. shall accept without . colonies. If anyone acts in contravention of this law he shall be liable to a penalty of 50. decurions. and the statement of his property in accordance with the pattern of the census. and anyone so minded shall be entitled to sue for this sum. 27) Whoever by this law are not permitted to be senators. He shall dispatch these registers to the censors at Rome by means of the envoys chosen for this purpose by the majority vote of the senate when this matter is voted.

or to prevent them from being binding on the citizens of Fundi and obeyed by them. 1961 Used with the Permission of the University of Texas Press. Paul Robinson Coleman-Norton. glossary. as rr would have been if these had been incorporated by him when first he gave a charter to Fundi on the authority of the law or the plebiscite. Source: Ancient Roman statutes : translation. 29) It is not the intent of this law to require a person who has residence in several municipalities. and index by Allan Chester Johnson. or corrections. commentary. general editor. 30) Whoever is or has been commissioned by a law or a plebiscite to give a charter for the municipality of Fundi or for the citizens of that municipality. . amendments. No one shall interpose a veto or interfere in any way to invalidate the aforesaid supplements. or prefectures and who is entered in the census in Rome to be registered by this law in the census of the aforesaid communities as well. Frank Card Bourne . or corrections are made to this charter in the year immediately after the people authorize this law shall be binding on the citizens of Fundi. colonies. From these registers of the communities he shall provide that the entries shall be copied in the public records and that such records shall be filed in the same place where are filed the other public records containing the census of the people. whatever supplements.fraudulent intent the registers of the census from them. with introduction. amendments. Clyde Pharr Austin : University of Texas Press.