[10,0] ΔΙΟΝΥΣΙΟΥ ΑΛΙΚΑΡΝΑΣΕΩΣ ΡΩΜΑΙΚΗΣ ΑΡΧΑΙΟΛΟΓΙΑΣ ΛΟΓΟΣ ΔΕΚΑΤΟΣ.

[10,0] BOOK X.

[10,1] Μετὰ δὲ τούτους ὀλυμπιὰς μὲν ἦν ὀγδοηκοστή, ἣν ἐνίκα στάδιον Τορύμβας Θεσσαλὸς ἄρχοντος Ἀθήνησι Φρασικλέους· ὕπατοι δὲ ἀπεδείχθησαν ἐν Ῥώμῃ Πόπλιος Οὐολούμνιος καὶ Σερούιος Σολπίκιος Καμερῖνος. οὗτοι στρατιὰν μὲν οὐδεμίαν ἐξήγαγον οὔτε ἐπὶ τιμωρίας ἀναπράξει τῶν ἀδικούντων σφᾶς τε αὐτοὺς καὶ τοὺς συμμάχους οὔθ´ ὡς διὰ φυλακῆς τὰ οἰκεῖα ἕξοντες· τῶν δ´ ἐντὸς τείχους κακῶν πρόνοιαν ἐποιοῦντο, μή τι δεινὸν ὁ δῆμος ἐπὶ τῇ βουλῇ συστὰς ἐξεργάσηται. ἐταράττετο γὰρ αὖθις ὑπὸ τῶν δημάρχων ἀναδιδασκόμενος, ὅτι πολιτειῶν κρατίστη τοῖς ἐλευθέροις ἐστὶν ἡ ἰσηγορία, καὶ κατὰ νόμους ἠξίου διοικεῖσθαι τά τε ἰδιωτικὰ καὶ τὰ δημόσια. οὔπω γὰρ τότε ἦν οὔτ´ ἰσονομία παρὰ Ῥωμαίοις οὔτ´ ἰσηγορία, οὐδ´ ἐν γραφαῖς ἅπαντα τὰ δίκαια τεταγμένα· ἀλλὰ τὸ μὲν ἀρχαῖον οἱ βασιλεῖς αὐτῶν ἔταττον τοῖς δεομένοις τὰς δίκας, καὶ τὸ δικαιωθὲν ὑπ´ ἐκείνων τοῦτο νόμος ἦν. ὡς δ´ ἐπαύσαντο μοναρχούμενοι, τοῖς κατ´ ἐνιαυτὸν ὑπατεύουσιν ἀνέκειτο τά τε ἄλλα τῶν βασιλέων ἔργα καὶ ἡ τοῦ δικαίου διάγνωσις, καὶ τοῖς ἀμφισβητοῦσι πρὸς ἀλλήλους ὑπὲρ ὁτουδήτινος ἐκεῖνοι τὰ δίκαια οἱ διαιροῦντες ἦσαν. τούτων δὲ τὰ μὲν πολλὰ τοῖς τρόποις τῶν ἀρχόντων ἀριστίνδην ἀποδεικνυμένων ἐπὶ τὰς ἀρχὰς ἀκόλουθα ἦν· κομιδῇ δ´ ὀλίγα τινὰ ἐν ἱεραῖς ἦν βύβλοις ἀποκείμενα, ἃ νόμων εἶχε δύναμιν, ὧν οἱ πατρίκιοι τὴν γνῶσιν εἶχον μόνοι διὰ τὰς ἐν ἄστει διατριβάς, οἱ δὲ πολλοὶ ἐμπορευόμενοί τε καὶ γεωργοῦντες διὰ πολλῶν ἡμερῶν εἰς ἄστυ καταβαίνοντες ἐπὶ τὰς ἀγορὰς ἄπειροι ἔτι ἦσαν. τὸ δὲ πολίτευμα τοῦτο πρῶτος μὲν ἐπείρασεν εἰσαγαγεῖν Γάιος Τερέντιος δημαρχῶν ἐν τῷ παρελθόντι ἔτει, ἀτελὲς δὲ ἠναγκάσθη καταλιπεῖν τοῦ τε πλήθους ὄντος ἐπὶ στρατοπέδων καὶ τῶν ὑπάτων ἐπίτηδες ἐν τῇ πολεμίᾳ γῇ τὰς δυνάμεις κατασχόντων, ἕως ὁ τῆς ἀρχῆς αὐτοῖς παρέλθῃ χρόνος.

[10,1] The year after their consulship occurred the eightieth Olympiad (the one at which Torymbas, a Thessalian, won the foot-race), Phrasicles being archon at Athens; and Publius Volumnius and Servius Sulpicius Camerinus were chosen consuls at Rome. These men led no army into the field, either to take revenge on those who had injured the Romans themselves as well as their allies or to keep guard over their possessions, but they devoted their attention to the domestic evils, fearing lest the populace might organize against the senate and work some mischief. For they were being stirred up again by the tribunes and instructed that the best of political institutions for free men is an equality of rights; and they demanded that all business both private (p165) and public should be carried on according to laws. For at that time there did not exist as yet among the Romans an equality either of laws or of rights, nor were all their principles of justice committed to writing; but at first their kings had dispensed justice to those who sought it, and whatever they decree was law. After they ceased to be governed by kings, along with the other functions of royalty that of determining what justice is devolved upon the annual consuls, and it was they who decided what was just between litigants in any matter whatsoever. These decisions as a rule conformed to the character of the magistrates, who were appointed to office on the basis of good birth. A very few of them, however, were kept in sacred books and had the force of laws; but the patricians alone were acquainted with these, because they spent their time in the capital, while the masses, who were either merchants or husbandmen and came down to the capital only for the markets at intervals of many days, were as yet unfamiliar with them. The first attempt to introduce this measure establishing an equality of rights was made by Gaius Terentius in the preceding year,4 while he was tribune; but he was forced to leave the business unfinished because the plebeians were then in the field and the consuls purposely detained the armies in the enemy's country till their term of office expired.