| THE
ENACTMENTS OF JUSTINIAN. THE CODE. ~ Book IX ~ |
( S. P. Scott, The Civil Law, XIV-XV, Cincinnati, 1932 ). |
|
| Title
1. Concerning those who cannot bring an accusation. You should first answer
the charges of murder and wounding of which you are accused by your
adversary, because they are more serious, and then the judge will
determine according to the circumstances of the case whether you shall
be permitted to accuse your adversary, even though you may have been
the first to bring an accusation. Published on the fifth
of the Ides of March, during the Consulate of Tertullus and
Clement, 196. 2. The Same Emperors
to Ingenuus. If your guardians or curators consider the receipts, by means of which Secundinus says he can prove that the money has been paid to Eugenius, to be suspicious and false, they will not be prevented from bringing an accusation for forgery in their own names (as this cannot be done in the name of another), for neither guardians nor curators, who administer the affairs of their wards or minors, at their own risk, are readily branded with infamy, unless their guilt of malicious prosecution is clearly apparent tc the judge. Published on the twelfth of the Kalends of October, during the Consulate of Antoninus and Geta, 206. Those who intend to
bring an accusation of a public crime should not be permitted to do
so, unless they have first committed the charge to writing, and have
furnished a surety that they will prosecute. If, however, after having
furnished security, they should not appear, they shall be notified
under the Edict that they must come and conduct the case, and if they
do not appear, extraordinary measures should be taken to punish them
according to the discretion of the judge; and they shall also be compelled
to pay the costs which those who have been summoned have incurred,
as well as the travelling expenses of the latter. Published on the third
of the Nones of February, during the Consulate of Alexander,
223. 4. The Same Emperor
to Dionysius. If your wife thinks
that the death of your cousin should be avenged, let her appear before
the Governor of the province. Published on the sixteenth
of the Kalends of July, during the Consulate of Alexander,
623. 5. The Same Emperor
to Marcellina. A woman is not
permitted by the Decree of the Senate to accuse the defendant of forgery
under the Lex Cornelia, unless the property belongs
to her. Therefore, as your sons have guardians and curators, they
should determine whether the instruments by means of which you allege
the adversary of your sons has profited should be denounced as forged. Published during the
Kalends of October, during the Consulate of Alexander, 223. 6. The Same Emperor
to Probus. You cannot renew the
accusation which you allege that you have withdrawn. Published on the fifth
of the Nones of May, during the Consulate of Julian, Consul
for the second time, and Crispinus, 225. 7. The Same Emperor
to Felix. If she who has
accused you of a crime should delay to prosecute, a competent judge
must fix a certain time for her to do so; and if she fails to proceed
within that time, she will be understood to have abandoned the case. Published on the fifteenth
of the Kalends of September, during the Consulate of Agricola
and Clement, 231. 8. The Emperor Gordian
to the Soldier Gaius. Soldiers are not forbidden
to bring an accusation of a public crime, if they do so for an injury
committed against either themselves or their relatives; hence We permit
you to prosecute the murderer of your cousin. Published on the seventeenth
of the Kalends of August, during the
Consulate of Pius and Pontianus, 239. 9. The Same Emperor
to Severia. A competent judge will
understand that she who wishes to prosecute for, and avenge the death
of her son, should not be permitted to file the accusation before
she proves that she is his mother. Published on the sixth
of the Nones of March, during the Consulate of Gordian and
Aviola, 240. 10. The Same Emperor
to Buccatrahius. If you desire to prosecute
anyone for crimes committed against yourself or your relatives, commit
your accusation to writing with the legal formalities, in order that
you may have the Governor of the province preside in the case. Published on the Kalends
of August, during the Consulate of Gordian and Aviola, 240. 11. The Emperor
Philip and the Caesar Philip to Saturninus and Others. As you allege that
the adverse party purposely burned your property, you can prosecute
him under the Lex Cornelia de Sicariis. Published on the thirteenth
of the Kalends of July, during the Consulate of Peregrinus
and Aemilianus, 245. 12. The Emperors
Diocletian and Maximian, and the Caesars, to Corinthia. A woman is not
permitted to bring an accusation of a public crime except in certain
cases, that is to say, where the injury is committed against her or
her relatives, and she is expressly authorized by the ancient law
to do so; nor is such an accusation required to be committed to writing.
Therefore, if you apply to the Governor of the province, he will,
in the first place, examine whether the crime is one of those for
which a woman is not forbidden to prosecute. Given on the fifth
of the Kalends of May, during the Consulate of the above-mentioned
Emperors. 13. The Same Emperors
and Caesars to Asclepius. Where one brother brings
the accusation of a serious or capital crime against another, he not
only should not be heard, but he should be condemned to the penalty
of exile. Given on the tenth
of the Kalends of February, during the Consulate of the Caesars. 14. The Same Emperors
and Caesars to Aelia. If your natural love
and affection do not prevent you, you can bring an accusation against
your son before the Governor of the province, on account of the attempt
which you allege he made against your life. Ordered on the sixteenth
of the Kalends of March, during the Consulate of the Caesars. 15. The Same Emperors
and Caesars to Lupio. If your reputation
is good, you are by no means forbidden to bring a criminal accusation,
of course at the risk of being punished for malicious prosecution. Ordered on the third
of the Kalends of March, during the Consulate of the Caesars. 16. The Same Emperors and Caesars to Calluticus. Your desire coincides
with the rule of law which does not permit a third accusation to be
brought by him who has previously brought two
others, unless he desires to institute prosecution for an offence
committed against himself or his relatives. Ordered at Nicomedia,
on the twelfth of the Kalends of December, during the Consulate
of the Caesars. 17. Extract from
a Sentence of the Same Emperors and Caesars. Published on the fifth
of the Ides of January, during the Consulate of the Emperors
Diocletian and Maximian. We think that it is
unjust, and far from consonant with the auspicious events of Our century,
that Thaumasius should have the power to accuse him in whose house
(although he was freeborn) it is proved that he had remained from
infancy. Therefore the accusation of crime which he has brought against
Symmachus shall not be entertained. If, however, the said Thaunasius
should wish to bring a civil action him before the Governor of the
province, he can do so. 18. The Same Emperors
and Caesars to Julianus. If you wish to accuse
your sister of a minor offence, you will not be prevented from doing
so in the tribunal of the Governor of the province, by whom the said
offence rashly committed will be punished with the proper penalty. Given on the third
of the Kalends of March, during the Consulate of Diocletian,
Consul for the ninth time, and Maximian, Consul for the eighth time,
304. 19. The Emperors
Valentinian, Valens, and Gratian to Lauditius, Prefect of Sardinia. Accused persons are
denied permission to accuse their prosecutors of a crime of equal
or less gravity, unless it was committed against them or their relatives,
before they themselves have, in accordance with the provisions of
the ancient laws, been acquitted of the offence with which they are
charged; but they can file their information even while the accusation
against them is still pending. Given on the day before
the Ides of August, during the Consulate of Gratian, Consul
for the third time, and Equitius, Consul for the fifth time, 374. 20. The Emperors
Arcadius and Honorius to Eutychianus, Praetorian Prefect. If a retainer or slave
belonging to someone's household should appear as an informer against,
and an accuser of the latter, to whose family he belonged and whose
society he enjoyed, which accusation would cause him to lose his reputation,
his life, and his property, he shall be struck with the avenging sword
before the witnesses are produced, and the examination of the case
takes place, or even before the criminal accusation has been begun;
for it is better to put a summary end to such a criminal charge than
for it to be heard. We, however, except from this rule the crime of
high treason alone. Given at Constantinople,
on the sixth of the Ides of November, during the Consulate
of Caesarius and Atticus, 397. 21. The Emperors
Honorius and Theodosius to the Consuls, Praetors, Tribunals of the
People, and Senate, Greeting: If freedmen should
presume to accuse those who have manumitted them, or their heirs,
they shall be liable to the same punishment inflicted under similar,
circumstances upon slaves, and they shall pay the penalty before their
forbidden accusation has begun. Given on the seventh of the Ides of August, during the Consulate of Asclepiodotus and Marinianus, 423. Title
2. Concerning accusations and denunciations in writing. The Governor of the
province will not be ignorant that those who remove landmarks should
be punished with extraordinary severity. Published on the third
of the Kalends of August, during the Consulate of Alexander,
223. 2. The Same Emperor
to Syrus. Where a slave is accused
of any crime whatsoever, his master can defend him, appear in court,
and answer the charge of his accuser. But after the proof of the crime
has been established, not the master himself but the slave shall be
condemned, for a master is only permitted to defend his slave in order
to be able to make suitable allegations in his behalf. Published on the eleventh
of the Kalends of December, during the Consulate of Alexander,
222. 3. The Same Emperor
to Stephanides. The laws relating to
public prosecutions permit persons who are accused of capital crimes,
and who are absent, to be defended by an attorney. Published on the fourth
of the Nones of November, during the Consulate of Maximus,
Consul for the second time, and Aelianus, 224. 4. The Emperor Gordian
to Archelaus. In case the accusers
are absent, and have not failed to be present in court through contumacy,
and the Governor of the province, having been applied to by the party
accused, has, without hearing the case, rendered a decision that he
against whom you have complained shall be discharged, the criminal
accusation will still continue to exist, as it was not dismissed through
the contumacy or neglect of the accusers; and the said criminal case
shall be heard by the same judge or his successor, in the ordinary
way. Published on the Nones
of March, during the Consulate of Gordian, Consul for the second
time, and Pompeianus, 242. 5. The Same Emperor
to Paulinus. He who brings an unjust
accusation is none the less liable for a crime or an atrocious injury,
for the reason that he alleges that another directed him to make it;
for in this instance it is well established that proceedings can be
instituted not only against the principal guilty party, but that his
mandator is also personally responsible. Published on the third
of the Ides of September, during the Consulate of Gordian,
Consul for the second time, and Pompeianus, 242. 6. The Same Emperor
to Avidianus. It is an ancient rule
of law that a person who is absent cannot be accused of a capital
crime; but it is only necessary for the accusation to be recorded,
if the defendant is not present. Therefore, as you, while absent and
ignorant that you had ever been accused of any crime, have, as you
state, been unjustly sentenced to the mines by the Governor of the
province, without, as you assert, ever having been able to learn that
you had been prosecuted; in order that the truth may now be ascertained
in your presence, do not fail to appear before the Praetorian Prefect,
who will take cognizance of any innovation contrary to the provisions
of the Imperial Constitutions which may have taken place, and will
correct it in conformity with justice. Published on the fourth
of the Nones of April, during the Consulate of Arianus and
Pappus, 244. 7. The Same Emperor
to Proculus. It is a well-known
fact that denunciations of crimes made by public officials before
Governors should be examined without the ordinary formalities required
in the case of accusations. The judge, however, should not fail to
carefully investigate the grounds of the accusation, especially if
it is suspected of being false, or is well known to be such. Published on the eighth
of the Ides of January, during the Consulate of Peregrinus
and Aemilianus, 245. 8. Extract from
the Imperial Letters of the Emperors Diocletian and Maximian. If anyone should think
that he has sustained an injury from another, and desires to make
a complaint against him, he should not apply to the stationarii,
but should appear before the Governor, and either file his statement,
or cause his complaint to be recorded. Published without date
or designation of Consulate. 9. The Same Emperors
to Honoratus. Anyone who has been
charged with a public crime, cannot again be accused of the same crime
by another person. If, however, several offences arise from the same
act, and complaint is only made of one of them, it is not forbidden
for an accusation of another to be filed by some other individual.
The judge will grant a hearing for both crimes, as he will not be
permitted to pass sentence for one of them separately before a thorough
examination of the other has taken place. Published on the fourteenth
of the Kalends of September, during the Consulate of Bassus
and Quintianus, 289. 10. The Same Emperors
and Caesars to Ursa. Anyone who holds out
the hope of acquittal to an accused person, whose fate is under the
power and in the hands of the judge, does not, by this unlawful promise,
commit a crime of less gravity than that committed by someone who
in violation of public order hires him to do this. Published on the third
of the Kalends of November, during the Consulate of Diocletian,
Consul for the fourth time, and Maximian, Consul for the third time,
290. 11. The Same Emperors
and Caesars to the Children of Our Beloved Crispina. If anyone thinks that
he ought, in accordance with public law, to accuse someone of the
crime of homicide, who has already been charged with the same offence
by another, who was unable to prove him guilty, he must first show
that there was collusion, and that the defendant was acquitted for
this reason; as this has very properly been prescribed by Our predecessors,
the Emperors. If, however, he should not think that this can
be done, you can compel him to prosecute the shepherds and robbers
for the crime, and have it decided in your court, and if it is apparent
that it was committed by the accused, he will be liable to public
punishment under the law. Given on the eighth
of the Ides of April, during the Consulate of Annibalianus
and Asclepiodotus, 292. 12. The Same Emperors
and Caesars to Aurelius. An innocent person
cannot incur the risk of prosecution where someone has voluntarily
committed suicide. Ordered at Sirmium,
on the fourteenth of the Kalends of June, during the Consulate
of the above-mentioned Emperors. 13. The Emperors
Valerian, Gratian, and Theodosius to Marinianus, Vicegerent of Spain. If anyone should think
that slaves ought to be accused, he must not subject them to bodily
torture before filing a written accusation against
them. Given on the sixth
of the Kalends of January, during the Consulate of Merobaudus,
Consul for the second time, and Saturninus. 14. The Same Emperors
and Arcadius to Cynegius, Praetorian Prefect. One and all judges
are hereby notified that, in the prosecution of public crimes, they
ought not to make use of decrees pronounced in other cases, or place
implicit reliance upon statements drawn up by public officials, but
should endeavor to ascertain the truth in each particular case. Given at Constantinople,
on the day before the Kalends of May, during the Consulate
of Arcadius and Bauto, 385. 15. The Same Emperors
to Tatianus, Praetorian Prefect, Sequel to Other Matters Stated. It is proper for men
of high rank to appear personally in court, when their presence in
criminal cases is demanded by a written accusation; although, in actions
involving money, they can make their defence by means of attorneys. Given at Milan, on
the fifteenth of the Kalends of March, during the Consulate
of Valentinian, Consul for the fifth time, and Neoterius, 390. 16. The Emperors
Arcadius and Honorius to Pasiphilus. In the trial of criminal
cases it is proper that those accusations should first be heard which
involve the most serious offences, and are prior in order of time,
so that the authority of the law may terrify one or the other of the
parties; and if this rule should be violated, those whose duty it
is to preside shall be sentenced to pay a fine of five pounds of gold. Given on the eighth
of the Ides of January, during the Consulate of Olybrius and
Probinus, 395. 17. The Emperors
Honorius and Theodosius to the Consuls, Praetors, Tribunes of the
People, and Senate, Greeting: We order that the provisions
heretofore enacted in the laws with reference to accusations shall
be observed, so that whoever is charged with a capital crime shall
not immediately be considered guilty, merely because he has been accused,
in order that innocence may not be unjustly punished; but that the
accuser shall appear in court, give the name of the defendant, make
the accusation in writing, and become, as it were, a prisoner (proper
consideration being had to his rank), to prevent him from making false
statements with impunity, as the same punishment should be inflicted upon one bringing
a false accusation as the latter intended should be imposed upon the
innocent party. Let no one flatter himself that he can hope for pardon
after having confessed under torture that he was guilty of crime,
or that any attention will be paid to his false denunciation of persons
of superior rank, or to any made against his enemies, whom he desires
to involve with himself in a common fate, or expect that he can escape,
either through the efforts or the privileges of those whom he named,
for the provisions of the ancient law require that he shall be examined
only with reference to offences of which he has confessed himself
guilty, but not concerning those in which others are implicated, and
therefore no one who admits that he is guilty of crime shall be examined
as to the complicity of others. Given at Ravenna, on the eighth of the Ides of August, during the Consulate of Asclepiodotus and Marinianus, 423. Title
3. Concerning the production and transfer of persons accused of crime. When a soldier is found
to have committed a public crime in a province, the Governor must
take him into custody, and make a report setting forth the nature
of the case, and the rank of the party implicated. Given at Milan, on
the twelfth of the Kalends of February, during the Consulate
of Valentinian and Valens, 365. 2. The Emperors
Gratian, Valentinian, and Theodosius to Eutropius, Praetorian Prefect. No accused person shall,
under any circumstances, be confined in prison before he has been
convicted. If he should happen to be a long distance away, the accusation
shall not be received before the accuser formally agrees that, if
he should fail to legally prove the charge, he will submit to the
penalty which the other party would have suffered if he had been found
guilty. A sufficient time, consisting of not less than thirty days,
shall be granted by the judge of the district to the accused, for
the purpose of arranging his business; and no more shall be granted
to him who has been ordered to produce the defendant. After he has
appeared in court, and an advocate has been appointed to defend him,
the case shall be heard, and, whether the guilt or the innocence of
the accused is established, he and his prosecutor must be treated
in the same manner, without any distinction. Given at Constantinople,
on the third of the Kalends of January, during the Consulate
of Gratian, Consul for the fifth time, and Theodosius. 3. The Emperors
Valentinian, Theodosii, and Arcadius to Drepanius, Proconsul of Africa. We order that no one
shall be produced in court unless the judge has directed that this
shall be done. Given at Milan, on the Nones of February, during the Consulate of Valentinian, Consul for the third time, and Neoterius, 390. Title
4. Concerning the custody of accused persons. As soon as the defendant
is produced in any case, whether an accuser is responsible for his
appearance, or whether a public official has caused his arrest, his
trial must at once proceed, so that if he is guilty, he may be punished,
and if he is innocent, he may be discharged. When the accuser is absent, or the presence of
the accomplices of the accused is considered necessary, they should
be found as soon as possible. In the meantime, however, handcuffs
should not be placed on the defendant, which bind him closely, but
he should be placed in longer chains (if the nature of the offence
demands the harshness of chains); so that he may not be subjected
to suffering, but still remain in safe custody. He should not, however,
be confined in a dark dungeon, but where he can be reached by light,
and enjoy it; and, as night demands double vigilance, he ought to
be lodged in the vestibule of a prison, or some other healthy place,
and, when day returns, he should immediately be brought out into the
light, as soon as the sun rises, in order that he may not die through
imprisonment, which is considered unfortunate in the case of innocent
persons, but not sufficiently severe so far as those who are guilty
are concerned. The following
rule must also be observed, namely, that it shall not be lawful for
those who perform the duties of jailers, or their attendants, to sell
their cruelty to accusers, by destroying innocent persons through
confinement in narrow dungeons, or, by delaying the hearing of their
cases, cause them to waste away with disease; for a judge is not only
liable to loss of reputation, but he will also incur serious risk
if he does not punish with the penalty of death any jailer or his
attendants, who, through negligence, or for any other reason whatever,
permit anyone to remain in prison a longer time than he should, or
to punish by starvation. Given on the day before
the Kalends of July, during the Consulate of Constantine, Consul
for the sixth time, and the Caesar Constantius, 353. 2. The Same Emperor
and Caesar to Evagrius, Praetorian Prefect. Where anyone is accused
of such an offence or crime as to render him worthy of being confined
in a filthy and narrow cell, he shall be publicly heard, and it must
be decided whether he is liable to imprisonment, and afterwards, if
it appears probable that he has committed the crime with which he
is charged, he should be conducted back to prison. In this way information
of crimes which have been perpetrated is obtained by testimony given
in public, so that some restraint may be imposed upon judges who are
prone to the exercise of unreasonable severity. Given at Heraclia,
on the third of the Nones of February, during the Consulate
of Constantine, Consul for the seventh time, and the Caesar Constantius,
Consul for the second time, 354. 3. The Same Emperor
to Acindynus, Praetorian Prefect. As the same prison
is ordinarily used for the confinement of criminals of both sexes,
We decree, by this law, that even if the nature of the punishment
requires that those of both sexes should be incarcerated together,
still it is ordered that males and females shall not be placed in
the same cells. Given on the Nones
of April, during the Consulate of Acindynus and Proculus, 340. 4. The Emperors
Valentinian, Valens, and Gratian to Probus, Praetorian Prefect. The custody and care
of imprisoned persons devolves upon the jailer, who must not think
that some abject and vile dependent will be responsible, if a prisoner
should, in any way escape, for We desire that he himself shall suffer
the same penalty to which the prisoner who escaped is shown to have
been liable. When, however,
the jailer is necessarily absent from his post, We order that his
assistant shall be bound to exercise the same vigilance, and shall
be punished with the same severity. Given on the third
of the Kalends of July, during the Consulate of Gratian, Consul
for the fifth time, and Probus, 371. 5. The Emperors
Gratian, Valentinian, and Theodosius to Eutropius, Praetorian Prefect. We clearly and definitely
decree that persons who are in prison shall, if convicted, immediately
suffer the penalty to which they are sentenced, or that, having been
discharged, they shall not be oppressed by further confinement. We
also decree that the jailer shall, every thirty days, make a statement
of the number of prisoners in his custody, the nature of their different
offences, and the rank and age of the prisoners. If he should fail to do this, We order that he shall pay twenty pounds
of gold to Our Treasury, and We decree that a negligent judge, or
one who has only manifested weakness and is unfitted for the office
which he has obtained, shall be fined ten pounds of gold. Given at Constantinople,
on the third of the Kalends of January, during the Consulate
of Gratian, Consul for the fifth time, and Theodosius, 380. 6. This Law is not Authentic. Title
5. Concerning the prohibition of private prisons. We order that no one
whosoever shall, under any circumstances, be permitted to have a private
prison either in the magnificent City of Alexandria, or in the province
of Egypt, or in any other part of Our Empire, or on his own land or
in any of his houses, and We direct the illustrious Augustal Prefect,
and the distinguished Governors of all the provinces, in the future
to use every effort possible to repress the repeatedly mentioned insolence
of unprincipled men who are guilty of such an offence. For, by this
most salutary law, the eminent Augustal Prefect and the Governors
of provinces shall unquestionably incur the penalty of high treason,
if, having learned that a crime of this kind has been committed, they
do not vindicate the offended majesty of the Emperor. Moreover,
all high officials are rendered liable to punishment for treason if,
as soon as they have ascertained that this prohibited offence has
been committed anywhere, they do not, at once, inform the judges under
their jurisdiction, in order that the said atrocious crime may be
punished; for it is clear that
those who have committed a crime of this kind should be subjected
to the extreme penalty, not only in accordance with the provisions
of the ancient laws and constitutions, but also as guilty of high
treason. Given at Constantinople, on the Kalends of July, during the Consulate of Longinus, 486. Title
6. Where the defendant or the accuser dies. 2. The Emperor Antoninus
to Eutychianus. Even if Marcellus,
who was accused of the crime of forgery, is dead, and for this reason
the crime is extinguished in his person, still the accusation is not
annulled, so far as you are concerned, as you state that his wife,
as well as yourself, has also been accused of complicity in the same
offence. Published on the seventh
of the Kalends of October, during the Consulate of Laetus,
Consul for the second time, and Cerealis, 216. 3. The Same Emperor
to Proculus. If he whom you have
accused of homicide, or of any other offence whatsoever, is dead,
proceedings instituted against you for having abandoned the accusation
will be without effect, as both the crime and the penalty are extinguished
by death; and, for the same reason, the necessity of proceeding with
the accusation is no longer imposed upon you. Published at Rome,
on the fourth of the Kalends of October, during the Consulate
of Sabinus and Anulinus. 4. The Emperor Alexander
to Veronitianus. If, as you allege,
you are interested in a case involving the payment of money, although
Annianus, whom your agent accused of forgery, is dead, you will not
be prevented from bringing an accusation, if anyone should avail himself
of the instrument, which is of doubtful validity, against you; for
although the offence has been extinguished by the death of the principal,
and can no longer exist, still, if anyone wishes to make use of the
forged instrument, he must understand that he is liable to punishment
for doing so. Published on the sixth
of the Kalends of January, during the Consulate of Albinus
and Aemilianus, 228. 5. The Emperor Gordian
to Rufus. It is a well-known
rule of law that, where persons accused of the commission of public
crimes, whether they themselves have perpetrated them or have ordered
others to do so, die while the accusation is pending, their heirs
will not be excluded from their estates, unless they have committed
suicide. Published on the seventh
of the Kalends of November, during the Consulate of Pius and
Pontianus, 239. 6. The Same Emperor
to Julianus. If anyone condemned
to death or deportation should take an appeal, and die before it has
been determined, the crime is extinguished by his death. The same
rule shall be observed if the accuser should die while the appeal
is pending. If, however, the culprit should be sentenced to the penalty
of relegation, and to the loss of a part of his property, and should
have recourse to appeal, the appeal must, nevertheless, be heard and
decided even after his death; as it is proper to ascertain whether
the confiscation of his property was valid or not. Published on the sixth of the Kalends of August, during the Consulate of Gordian and Aviola, 240. Title
7. Where anyone reviles the Emperor. Where anyone, ignorant
of modesty and without any sense of shame, thinks Our name should
be attacked with dishonorable and petulant abuse, or if rendered turbulent
by drunkenness, he should manifest discontent with the proceedings
of Our reign, We are unwilling for him to be subjected to any penalty,
nor do We desire that he be treated with severity or harshness; since
if this was the result of levity, he is only worthy of contempt; if
it was caused by insanity, he is an object of pity; and if it was
done for the purpose of injury, he should be pardoned. Wherefore,
let any occurrence of this kind be, without reservation, brought to
Our knowledge, in order that We may consider what has been said, and
determine whether it should be passed over in silence, or investigated. Given at Constantinople, on the sixth of the Ides of August, during the Consulate of Theodosius, Consul for the third time, and Abun-dantius, 392. Title
8. On the Lex Julia relating to treason. You are not only not
permitted to accuse a judge of the crime of treason, because you allege
that he has rendered a decision against Our
Constitution, but I do not wish accusations of this crime to be made
during My reign on any other grounds whatever. Published on the third
of the Ides of April, during the Consulate of Maximus, Consul
for the second time, and Julianus, 224. 2. The Same Emperor
to Faustinianus. You entertain a singular
idea of My disposition when, having in a moment of anger and without
reflection sworn by the name of the Emperor that you would always
treat your slave with severity, you think that you will be guilty
of treason if you do not continue to do so: Published on the third
of the Nones of February, during the Consulate of Julian, Consul
for the second time, and Crispinus, 225. 3. The Emperor Constantine
to Maximus, Prefect of the City. If one person should
accuse another of the crime of treason, he who is accused, no matter
what his rank or privileges may be, cannot protect himself from torture,
and whoever brings the accusation is hereby notified that he also
shall be put to the question (if he should be unable to prove his
charge by convincing evidence) along with the person accused of a
crime of this kind. He also, by whose advice and instigation the accusation
appears to have been made, must be subjected to torture, in order
that punishment may be inflicted upon all persons guilty of complicity
in the offence. Published on the Kalends
of January, during the Consulate of Volusianus and Annianus, 314. 4. The Emperors
Valentinian, Valens, and Gratian to Olybrius, Prefect of the City. No one, under any circumstances,
shall be forbidden to make use of any defence, either that of military
service, or of any order to which he may belong, or of his family,
to escape torture, without our knowledge and consent, where such defence
is proper, except solely in cases of treason, in which the condition
of all persons is considered to be equal. Given on the eighth
of July, during the Consulate of the Noble Prince Valentinian and
Victor, 369. 5. The Emperors
Arcadius and Honorius to Eutychianus, Praetorian Prefect. Anyone who joins an
infamous faction composed of either soldiers, private persons, or
barbarians, whether he himself, as its head, receives the oath, or
takes it as an individual, shall be put to death as guilty of high treason, and all his property shall
be confiscated to Our Treasury, whether he has plotted the death of
illustrious men who are members of Our Council and Consistory, and
of the Senate (as they form part of Our government), or finally, of
anyone else who is in Our service; for the laws punish with equal
severity the intention to commit a crime and its actual perpetration. (1) The sons of a person
convicted of such an offense, to whom by special Imperial indulgence
We grant the privilege of life (for they should be put to death by
the same punishment as their father, as in their cases his example,
that is the inclination to commit a crime, is inherited) shall be
excluded from the estates and successions of their mothers and grandmothers,
and all their remaining nearest relatives. Nor
shall they be able to receive anything under the wills of strangers,
but shall always remain in want, and poor; and the infamy of their
fathers will always attach to them, nor shall they afterwards be eligible
to any office, or be qualified to perform public duties; in short,
such men shall remain in such a condition of perpetual indigence that
death will be a consolation to them, and life a punishment. (2) Finally, We order
that those persons who attempt to intercede with Us for criminals
of this kind shall not be pardoned, no matter what their rank may
be. (3) Again, We decree
that the children of such persons, whatever may be their number, shall
only be entitled to the Falcidian portion out of the estate of their
mother, whether she left a will or died intestate ; so that the daughters
may only have a moderate sum for their support, rather than the entire
benefit and name of heirs. The rule, when applicable to them, should
be enforced with moderation, as We think that they are less venturesome
on account of the weakness of their sex. (4) Emancipations granted
by the persons aforesaid, either in favor of their sons or daughters,
after the commission of the crime, are
not valid. We also decree that all dowries, donations, and, finally,
all alienations of any kind of property whatsoever, which it is established
were made after the time when the person implicated decided to join
the faction and association aforesaid, whether they were fraudulently
or legally effected, shall be of no force or effect. (5) The wives of the
above-mentioned criminals shall recover their dowries, if any property
received from their husbands by way of donation was given on condition
that it should be reserved for their children; and they are notified
that all of said property to which the sons may be entitled by law
must be left to Our Treasury, and that the Falcidian portion of the
same shall be considered to have been only reserved for the daughters,
and not for the sons. (6) We direct that
what We have provided with reference to the aforesaid offenders and
their children shall also apply to their followers, associates, and
attendants; and We decree that their sons and their abettors shall
be treated with the same severity. (7) If any one of these
persons, at the very beginning of the organization of the faction,
being animated by a praiseworthy intention, should betray the conspiracy,
he shall be honored and rewarded by Us. He, however, who becomes implicated,
and afterwards reveals the secrets of the conspirators, unknown up
to that time, shall be considered worthy of absolution and pardon. Given on the day before
the Nones of September, during the Consulate of Caesarius and
Atticus, 397. 6. This Law is not
Authentic. 7. Paulus, On Public
Crimes. It should be remembered
that, where any act is alleged to have been committed against the
majesty of the Emperor, it is customary for the crime to be prosecuted
even after the death of the culprit, since the Divine Marcus ordered
the property of the Senator Druncianus, who was the accomplice of
Cassianus in his conspiracy, to be confiscated to the Treasury after
his death; and, during Our reign, many heirs have been deprived of
their right to estates under similar circumstances. (1) Moreover, in a
crime of this kind, involving the majesty of the Emperor, slaves are
tortured to obtain evidence against their masters. 8. Martianus on
Criminal Prosecutions, Book I, Title: "On the Lex Julia, Relating
to the Offence of High Treason." After the enactment
of the Constitution of the Divine Marcus, We have adopted the rule
that the accusation of this crime can be made even after the decease
of the culprits, so that, if the offender should be convicted after
his death, his memory may be condemned to infamy, and his heir deprived
of his estate; for in this way a person who has conceived such a wicked
design is considered to have been punished from that very moment.
Thus the Divine Severus and Antoninus decided
that, from the instant when a man became guilty of an offence of this
kind, he could neither alienate property nor manumit anyone, and that
no one could legally pay him a debt. The Great Antoninus stated the
same thing in a rescript. Under such circumstances, that is to say,
where treason is involved, slaves are put to the question to obtain
evidence against their masters. If the person implicated should die before his
case has been decided, his property must be deposited under seal,
on account of the uncertainty of his successor; as the Emperors Severus
and Antoninus stated in rescripts addressed to the Receivers of the
Treasury. Given on the third of the Nones of March, . . . Title
9. On the Lex Julia relating to adultery and fornication. The Lex Julia declares
that wives have no right to bring criminal accusations for adultery
against their husbands, even though they may desire to complain of
the violation of the marriage vow, for while the law grants this privilege
to men it does not concede it to women. Published on the thirteenth
of the Kalends of August, during the Consulate of Lateranus
and Rufinus, 198. 2. The Same Emperors
to Cyrus. Those are guilty of
the crime of pimping who allow their wives taken in adultery to remain
in marriage, and not those who merely suspect their wives of having
committed adultery. Published on the Kalends
of July, during the Consulate of Anulinus and Fronto, 200. 3. The Emperor Antoninus
to Julianus. Not only the words
of the Lex Julia concerning the repression of adultery, but
also the spirit of the law, authorize a husband who desires to prove
that his wife has been guilty of adultery to do so by torturing slaves
of both sexes; and this applies only to the slaves of the persons
specially mentioned in the law, that is to say, the woman, and her
natural, not her adoptive father; and it forbids the said slaves to
be either manumitted or sold within the term of sixty days, to be
computed from the date of the dissolution of the marriage, and requires
the husband to furnish a bond to the owners of said slaves to indemnify
them, if the former should die under torture, or become deteriorated
in value, and the woman be acquitted. Published on the fifteenth
of the Kalends of August, during the Consulate of Antoninus,
Consul for the fourth time, and Balbinus, 214. 4. The Emperor Alexander
to Julian, Proconsul of the Province of Narbonne. If Numerius, who killed
Gracchus at night in the act of adultery, did so under such circumstances
that he could have taken his life with impunity by virtue of the Lex
Julia, what was lawfully done will incur no penalty. The
same rule applies to sons who have obeyed the orders of their father,
in a case of this kind. If, however, the husband, rendered insane
by grief, killed the adulterer without being legally authorized to
do so, even though the homicide may have been excusable, still, because
it was committed at night, and his just grief diminished the criminality
of the act, he can be sent into exile. Without date or designation
of Consulate. 5. The Same Emperor
to Vadantus. An adulterer cannot
be accused after the lapse of five years from the time when the offence
is said to have been committed, and these must be reckoned continuously,
for the guilty party must not be deprived of the benefit of the prescription
allowed by the laws. Published on the Ides
of June, during the Consulate of Maximus, Consul for the second
time, and Julianus, 224. 6. The Same Emperor
to Sebastian. Sixty available days
are granted by law to a husband desiring to bring an accusation of
adultery, during which he will be allowed to do so either against
the adulterer or adulteress. If this term should elapse, the husband
can still proceed under the law conceding this right to strangers.
He who brings an accusation of this kind should have no fear of the
penalty for malicious prosecution, for My Divine relatives, the Emperors,
have permitted the torture of slaves to establish proof of the crime
in the same way as in the case of a husband. Published on the second
of the Ides of August, during the Consulate of Maximus, Consul
for the second time, and Aelianus, 224. 7. The Same Emperor
to Heruclanus. The man who afterwards
married her cannot be a lawful accuser, where an adult virgin was
violated before her marriage; and therefore he cannot prosecute the
crime as her husband, unless he was betrothed to the girl who was
violated. If, however, she herself, with the assistance of her curators
by whom her affairs were transacted, should prosecute for the injury
committed upon her, the Governor of the province will impose a severe
sentence in accordance with what is required by law for a crime of
this kind, if its commission should be established. Published on the twelfth
of the Kalends of June, during the Consulate of Maximus, Consul
for the second time, and Aelianus, 224. 8. The Same Emperor
to Domnus. The Lex Julia relating
to chastity forbids the two parties guilty of adultery, that is to
say, the man and the woman, to be prosecuted at the same time, and
in the same case, but they can both be prosecuted in succession. Published on the Ides
of June, during the Consulate of Julian, Consul for the second
time, and Crispinus, 225. 9. The Same Emperor
to Proculus. It is proper for the
preservation of virtue during My reign that a woman convicted under
the Lex Julia concerning chastity should suffer the legal penalty.
Moreover, anyone that knowingly
marries, or takes back a woman convicted of adultery, who has in some
way evaded the penalty prescribed for her crime, shall be punished
by the same law as a procurer. Published on the seventh
of the Kalends of February, during the Consulate of Julian,
Consul for the second time, and Crispinus, 225. 10. The Same Emperor
to Demetrianus. It is not lawful to
condone the crime of adultery, and he who is guilty of collusion is
in the same position as one who refuses to reveal the truth. Moreover,
he who accepts a sum of money to desist from prosecution, in a case
where adultery has been discovered, is liable to the penalty imposed
by the Lex Julia. Published on the fifth
of the Nones of May, during the Consulate of Fuscus and Dexter,
226. 11. The Same Emperor
to Narvanus. No one doubts that
a husband cannot accuse his wife of adultery if he continues to retain
her in marriage. Published on the Kalends
of September, during the Consulate of Alexander, Consul for the
second time, and Marcellus, 227. 12. The Same Emperor
to Bassus. Although, as you allege,
he who was convicted of the crime of adultery was not restored to
his civil rights; still, since your sister, with whom the adultery
was said to have been committed, was not accused, she could not have
been subjected to any penalty, or rendered infamous, especially as
you state that the accuser afterwards died. Published on the Kalends
of June, during the Consulate of Sabinus, Consul for the second
time, and Venustus, 241. 13. The Same Emperor
to Sylvanus. It is an established
rule of law that, if the adulteress, after the accusation has been
brought against her, should leave the province, she can still be prosecuted
while absent. Published on the Nones
of March, during the Consulate of Atticus and Praetextatus, 243. 14. The Emperor
Gordian to Aquila. If your wife should
be guilty of adultery during marriage, you ought to prosecute her
in the ordinary manner, in the province in which the adultery was
committed. If she committed adultery and married again after you repudiated
her, you cannot accuse her, unless the notice of the accusation preceded
her second marriage. Published on the Nones
of December, during the Consulate of Gordian and Aviola, 240. 15. The Same Emperor
to the Soldier Hilarinus. If your former wife,
before having been accused of adultery, left the province, she cannot
be accused while absent; nor can the complaint be legally made or
filed in the province in which you were serving as a soldier. Although
you will not be permitted to do this while you are in the military
service, you can accuse her afterwards, by observing the usual formalities;
for the time during which you were performing your duties as a soldier
should not deprive you of the vengeance which you demand for the suffering
inflicted upon you as a husband. Published on the fourth
of the Ides of March, during the Consulate of Atticus and Praetextatus,
243. 16. The Emperors
Valerian and Gallienus to Archesilaus. You should appear before
the Governor in whose tribunal you have filed your accusation of adultery,
if you desire it to be dismissed; but you are mistaken if you think
that this can be done without making application to the court, and
that, afterwards, you will not be liable to the penalty prescribed
by the Decree of the Senate, for the Emperors have frequently decided
the contrary. And you
are also notified that, hereafter, you will not have the power to
make accusations of this kind; because, by a Decree of the Senate
and the Lex Petronia, he who has filed an accusation for adultery
and did not prosecute it shall never again be permitted to bring one
for this offence. Published on the fifth
of the Kalends of June, during the Consulate of Maximus and
Glabrio, 257. 17. The Same Emperors
to Victorinus. You can resume marital
relations with your wife without fear of being liable to the penalty
prescribed by the Lex Julia, for the suppression of adultery,
as you did nothing more than file the written accusation, for the
reason that you assert that you afterwards ascertained that you were
impelled by groundless indignation to accuse her; for he alone will
be liable to the penalty specifically mentioned by the law who is
aware that his wife has been publicly convicted of adultery, or that
she is an adulteress, as he cannot simulate ignorance of the fact,
and retain her as his wife. Published on the sixth
of the Kalends of August, during the Consulate of the Emperor
Valerian, Consul for the fourth time, and Gallienus, Consul for the
third time, 258. 18. The Same Emperors
and the Caesar Valerian to Theodora. There is no doubt that
he who has two wives at once is branded with infamy, for, in a case
of this kind, not the operation of the law by which Our citizens are
forbidden to contract more than one marriage at a time, but the intention,
should be considered; and therefore he who pretended to be unmarried,
but had another wife in the province, and asked you to marry him,
can lawfully be accused of the crime of fornication, for which you
are not liable, for the reason that you thought that you were his
wife. You can obtain from the Governor of the province the return
of all your property of which you deplore the loss on account of the
fraudulent marriage, and which should be restored to you without delay.
But how can you recover what he promised to give you as his betrothed
? Adopted at Antioch,
on the Ides of May, during the Consulate of Tuscus and Bassus,
259. 19. The Emperors
Diocletian and Maximian to Pompeianus. Although it is an undoubted
rule of law that, whenever an accusation of adultery is made, the
presence of the accuser is required, still, as We have learned from
your letters that Materia, the wife of Propositus, who was absent on a journey, was convicted
of adultery with Julian after her slaves had been put to torture;
and that, when sentence was about to be passed upon her, she demanded
that her husband should be present, as the case was almost terminated,
and the crime in question had been proved, We do not think that Propositus
should be recalled from a distance. Given on the Nones
of December, during the Consulate of the above-mentioned Emperors. 20. The Same Emperors
and Caesars to Didymus. The laws punish the
detestable wickedness of women who prostitute their chastity to the
lusts of others, but does not hold those liable who are compelled
to commit fornication through force, and against their will. And,
moreover, it has very properly been decided that their reputations
are not lost, and that their marriage with others should not be prohibited
on this account. Published on the third
of the Nones of October, during the Consulate of Diocletian,
Consul for the fourth time, and Maximian, Consul for the third time,
290. 21. The Same Emperors
and Caesars to Silanus. Although certain times
have been prescribed by law with reference to the commission of adultery,
and the accusing of wives, which times must be properly computed,
still, if you were unable to file an accusation on account of your
having a public employment, and the prescribed term expired before
you relinquished your office, you have full power to bring the accusation
after you have done so. You should, however, not delay after you have
vacated the office; nor should you, for the purpose of terrifying
your adversary, make a pretence of bringing an accusation with unrestrained
impetuosity. Published on the fourteenth
of the Kalends of November, during the Consulate of Diocletian,
Consul for the fourth time, and Maximian, Consul for the third time,
290. 22. The Same Emperors
and Caesars to Oblimosus. If a woman whom you
have carnally known indiscriminately sold herself for money, and prostituted
herself everywhere as a harlot, you did not commit the crime of adultery
with her. Published on the twelfth
of the Kalends of November, during the Consulate of Diocletian,
Consul for the fourth time, and Maximian, Consul for the third time,
290. 23. The Same Emperors
and Caesars to Proculus. Slaves cannot accuse
their wives of adultery for violation of conjugal faith. (1) Again, where a
man has legally married a wife after she has been divorced, and, through
fear of an accusation which had been filed, as well as of the influence
of the former husband, gave gold and silver to the accuser; he can
appear before the Governor, not only for the purpose of recovering the property, but also
to punish the base desire for gain; and, after the allegations of
the parties have been heard, and the truth of the matter inquired
into, if he should ascertain that anything had been given by the innocent
party on account of the fear of prosecution for crime, he must render
his decision accordingly, and in compliance with what has been provided
by law. When, however, it is established that the money
was paid as a consideration for dishonorable marriage, and for the
purpose of obtaining immunity, he will order that the person who received
the money in violation of the Decree of the Senate, in such a detestable
transaction, shall be punished. Published on the Kalends
of November, during the Consulate of Diocletian, Consul for the
fourth time, and Maximian, Consul for the third time, 290. 24. The Same Emperors
and Caesars to Dionysius. If you should be accused
of adultery by her with whom you have lived in violation of law, you
can defend yourself by an innumerable number of expedients. 25. The Same Emperors
and Caesars to Sossianus. Although it is established
by the contents of certain documents that you are consumed with the
lust of immoderate desire, still, as it has been ascertained that
you confined yourself to female slaves, and did not have intercourse
with free women, it is clear that by a sentence of this kind your
reputation suffers, rather than that you become infamous. Published on the fifth
of the Ides of March, during the Consulship of Tiberianus and
Dio, 291. 26. The Same Emperors
and Caesars to Crispinus. As Alexander, who was
accused of the crime of adultery, pleaded an exception on the ground
that the accuser, after the adultery was discovered, kept his wife
with him, We think that his status should now be investigated, and
the order of the proceeding be reversed, so that, in the first place,
inquiry should be made as to the civil condition of Alexander; and
if, after having heard the case, you should ascertain that he is free,
you can authorize him to plead the exception. If,
however, you should find that he is a slave, all the impediments caused
by the exception having been removed, you must immediately punish
the accusation of adultery, and if you find him guilty, impose the
penalty which the laws have prescribed for the offence. Given on the fifth
of the Kalends of September, during the Consulate of the above-mentioned
Emperors. 27. The Same Emperors
and Caesars to Phoebus. Adultery committed
with a man whom a woman afterwards married is not extinguished by
the fact of the marriage. Published on the eighteenth
of the Kalends of January, during the Consulate of the Caesars. 28. The Same Emperors
and Caesars to Concordius, Proconsul of Numidia. Our respect for chastity
is such that We have determined to remove the ambiguities of former
laws, and decide with reference to the trial for adultery; all exceptions
having been abolished, except that based on prescription of five years;
the one relative to pimping, which can be pleaded against the husband;
and that of which the woman can avail herself after the former marriage
has been dissolved, and before notice has been served upon her not
to contract a second one, namely, that her accomplice in the crime
be prosecuted; for it is unworthy that legal technicalities should
prevent the punishment of violated chastity. Published on the Kalends
of June, during the Consulate of Tuscus and Anulinus, 295. 29. The Emperor
Constantine to Africanus. It should be ascertained
whether the woman who committed adultery was the owner of the inn,
or only a servant; and if, by employing herself in servile duties
(which frequently happens), she gave occasion for intemperance, since
if she were the mistress of the inn, she will not be exempt from liability
under the law. Where,
however, she served liquor to the men who were drinking, she would
not be liable to accusation as having committed the offence, on account
of her inferior rank, and any freemen who have been accused shall
be discharged, as the same degree of modesty is required of these
women as of those who are legally married, and bear the name of mothers
of families. Those, also, are not subject to judicial severity
who are guilty of fornication or adultery, and the vileness of whose
lives does not render them worthy of the attention of the laws. Signed and given at
Heraclia, on the third of the Nones of February, during the
Consulate of Constantine, Consul for the seventh time, and the Caesar
Constantius, 326. 30. The Same Emperor
to Evagrius. Although the crime
of adultery is included among public offences, the accusation of which
is granted to all persons without distinction, still, in order that
those who inconsiderately wish to cause discord in households may
not be allowed to do so, it is hereby decreed that only the nearest
relatives of the guilty party shall have the power to bring the accusation;
that is to say, the father, the brother, and the paternal and maternal
uncles, whom genuine grief may impel to prosecute. We, however, also
give the said persons permission to revoke the accusation, by withdrawing
it, if they should so desire. The husband, above all others, should be considered
the avenger of the marriage bed, for he is permitted to accuse his
wife on suspicion, and he is not forbidden to retain her, if he only
suspects her; nor will he be liable if he files a written accusation
when he accuses her as her husband, a privilege which was established
by former Emperors. Moreover,
We decree that strangers shall be prevented from bringing such charges,
for although every kind of accusation renders the person who makes
it in writing liable in case it should not be proved, still, some
persons boldly make them and disturb marriages with false denunciations.
Those who have violated the
sanctity of marriage should be punished with death. Published at Nicomedia,
on the seventh of the Kalends of May, during the Consujate
of Constantine, Consul for the seventh time, and the Caesar Constantius,
Consul for the fourth time, 326. 31. The Emperors Constantine and Constans to the People. When a man marries,
and his wife becomes pregnant, what can be desired of the woman when
her sex is lost sight of; when what it is of no
advantage to know becomes a crime; when the sexual act assumes another
form; when love is sought, but does not appear? We order the laws
to rise up, and justice to be armed with the avenging sword, that
the severest penalty may be visited upon those who are now, or shall
hereafter, be guilty of this infamous offence. Given at Milan, on
the day before the Nones of December, and published at Rome
on the seventeenth of the Kalends of January, during the Consulate
of Constantine, Consul for the ninth time, and Constans. 32. The Emperors
Gratian, Valentinian, Theodosius, and Arcadius to Cynegius, Praetorian
Prefect. In an investigation
of adultery, inquiry must be made without excepting any of all the
slaves belonging, not only to the husband, but also to the wife, who
are alleged to have been in the house at the time when the adultery
was committed. Given at Constantinople,
on the third of the Ides of December, during the Consulate
of Arcadius and Bauto, 385. 33. The Emperors
Theodosius, Arcadius, and Honorius to Rufinus, Praetorian Prefect. When a charge of adultery
has been made, We order that all civil exceptions by means of which
a dowry may be claimed, or any other debt demanded, and which are
ordinarily pleaded and examined, to be set aside, and that the progress
of the case shall not be delayed through their interposition. But
when the accusation has been formulated, that is to say, when it has
been regularly instituted, whether it was filed under the right of
a husband, or under that of a stranger, the crime shall be investigated,
the evidence produced, the more important matters in dispute settled,
and all civil actions be subordinated to the criminal prosecution.
The woman will afterwards have the right to begin any civil proceedings
to which he is entitled, provided they do not interfere with the conduct
of the criminal case. Given at Constantinople,
on the seventh of the Ides of December, during the Consulate
of Arcadius, Consul for the second time, and Rufinus, 392. 34. The Same Emperors
to Rufinus, Praetorian Prefect. Where persons accused
of adultery repel the accusation under the pretext of relationship,
stating that, for this reason, allegations relating to commission
of the crime ought not to be believed, or that it was impossible that
it should have been committed, and they are afterwards married, the
offence of which they were accused shall, merely by this fact, be
considered to have been proved clearly and by legal evidence. Therefore,
if any such persons should be met with, We order that they shall be
severely punished, just as if they had been convicted of the crime,
and had confessed it. Given at Constantinople,
on the day before the Nones of December, during the Consulate
of Theodosius, Consul for the third time, and Abundantius, 393. 35. The Emperors
Honorius and Theodosius to Palladius, Praetorian Prefect. If a woman should repudiate
her husband without any legal reason having been assigned by her for
so doing, We grant the repudiated husband permission to accuse her,
if she should stain her widowhood with acts of debauchery. Given on the twelfth
of the Kalends of March, during the Consulate of Eustachius
and Agricola, 421. 36. The Emperor
Justinian to John, Praetorian Prefect. Former legislators
have directed that the freedom of slaves, who belong either to the
wife, the husband, or their parents, in case of the repudiation of
either of the parties on account of suspicion of the crime of adultery,
shall remain in suspense for the term of two months, which must be
reckoned from the date of the repudiation, on account of the torture
to be inflicted upon them in case it should be deemed necessary. But,
as your wife died after your marriage was dissolved in the above-mentioned
manner, nothing further is stated by the authorities concerning any
additional time during which the slaves shall be required to remain
in their present condition for the reason above mentioned.
It, however, seems to Us to
be necessary to fix a certain period in a case of this kind, with
a view to determining the question of dowry, and whether it should
belong to the husband, or be transferred to the heirs of the wife.
Hence We order that, after the death of the wife, another two months
shall be added, so that the above-mentioned slaves may remain together,
and the husband have the power to prove the adultery by them. When
the above-mentioned time has elapsed, the heir of the woman will have
permission to grant freedom to the slaves, unless he was to blame
for the husband being prevented from bringing the accusation of adultery
during the term prescribed by law. Given at Constantinople,
on the fifth of the Kalends of November, after the Consulate
of Lampadius and Orestes, 532. 37. This Law is not Authentic. Title
10. Where a guardian corrupts his female ward. When a guardian violates
the chastity of his female ward, he shall be sentenced to deportation,
and all his property shall be confiscated to the Treasury, although
he must still suffer the penalty which the laws inflict upon ravishers. Given at Aquileia, on the day before the Nones of April, during the Consulate of Constantine, Consul for the seventh time, and Con-stantius, 326. Title
11. Concerning women who copulate with their own slaves. When a woman is convicted
of having secretly had sexual intercourse with her slave, she shall
be sentenced to death, and the rascally slave shall perish by fire.
Every facility for the proof of this crime shall be afforded all persons,
any official can bring the charge, and even the slave-himself shall
be permitted to testify concerning it, and if it should be established,
he must be granted his freedom. Children born of such an union shall
be deprived of all insignia of rank, and shall have nothing but their
freedom, nor will they be entitled to receive anything from the estates
of their mothers, as bequests under her will, either directly or through
the intervention of others. Moreover,
the intestate succession of the woman will pass to her legitimate
children, or to her nearest relatives, or to those who are designated
by law. All the property which the slave who was convicted may have
been entitled to, and anything which could, under any circumstances,
have been obtained by the children of this union, as belonging to
the woman, can be claimed by the heirs above mentioned. Given on the fourth of the Kalends of June, during the Consulate of Constantine, Consul for the seventh time, and the Caesar Constantius, 326. Title
12. On the Lex Julia relating to public or private violence. Those who seize the
property of a wife on account of a debt of her husband, or because
of some public civil liability which he has incurred, are considered
to have been guilty of violence. Given at Rome, on the
Kalends of July, during the Second Consulate of Antoninus and
Geta, 206. 2. The Emperor Antoninus
to Verus. If the third part of
the property of your guardian, who was convicted under the Lex
Julia relating to private violence, has been confiscated to the
Treasury, bring an action of guardianship to recover the portion which
your guardian obtained from the Treasury, provided no prescription
can be pleaded against you, for each heir of the estate is liable
for his proportionate share. Published on the fifteenth
of the Kalends of March, during the Consulate of Antoninus,
Consul for the fourth time, and Balbinus, 214. 3. The Emperors
Diocletian and Maximian, and the Caesars, to Bianorus. If, as you allege,
your son's betrothed has been taken away from him, or your son has
been shut up, you will not be prevented from bringing an accusation
of violence before the Governor of the province under the provisions
of the Lex Julia. Published at Verona,
on the eighth of the Kalends of May, during the Consulship
of the above-mentioned Emperors. 4. The Same Emperors
and Caesars to Liberatius. If you think that a
criminal accusation should be brought on account of the property carried
away by a slave, you should not bring it against the master of the
slave, but against him who you allege committed the offence. But as
you state that you have also been beaten by the said slave Fiscinulus,
you can proceed against his master also (if you think that he should
be prosecuted for private violence under the Lex Julia) before
the Governor, who will not be ignorant in what way punishment should
be inflicted, if the crime should be proved. 5. The Same Emperors
and Caesars to Oplo. Even if a creditor
should take possession of land by force, he can be accused of private
violence under the terms of the Lex Julia. Ordered at Nicomedia,
on the sixth of the Ides of December, during the Consulate
of the Caesars. 6. The Emperor Constantine
to Catulinus, Proconsul of Africa. As many crimes are
classed under the term "violence," and as force is often
employed against those who resist, and blows are inflicted upon others
who indignantly return them, and murder not infrequently results,
it has been decided that if anyone, either on the side of the person
in possession, or on that of him who rashly attempts to obtain it,
should be killed, he must be punished who attempted to employ force,
and was responsible for the injuries of either party, and he shall
not merely be sentenced to relegation, or deportation to an island,
but shall suffer death, and the judgment pronounced against him shall
not be suspended by appeal. Given on the fifteenth
of the Kalends of May, during the Consulate of Gallicanus,
and Bassus, 317. 7. The Same Emperor
to Bassus, Prefect of the City. When anyone asserts
that a tract of land, or any other property, belongs to him, and thinks
that he is entitled to restitution of possession of the same, or institutes
civil proceedings to obtain it or brings an accusation of violence,
after having complied with the legal formalities, he is hereby notified
that if he cannot prove the commission of the crime, he shall suffer
the same penalty which the defendant would have undergone, if guilty.
But if, having failed to serve notice upon the party in possession,
he should employ force against him, We order that the case involving
violence shall be heard before any others, and whatever has happened to the party in possession
should be ascertained, so that the right to possession of the property
which he lost may be restored to him; and that, when this has been
done, if a criminal accusation should be brought, the penalty for
violence shall not be inflicted, but the decision of the entire case
shall be postponed, so that the principal matter may be disposed of;
and if judgment should be rendered against him, he shall be deported
to an island, after the confiscation of all his property. Published at Rome,
on the day before the Nones of October, during the Consulate
of Constantine, Consul for the fifth time, and the Caesar Licinius,
319. 8. The Emperors
Valentinian, Theodosius, and Arcadius to Albinus, Prefect of the City. We decree that slaves
who have been guilty of violence, whether this is proved by the evidence
of witnesses or by their own confessions, and if they have committed
the violence without the knowledge of their masters, shall suffer
the extreme penalty for the offence which they have perpetrated. If,
however, they committed it through fear, or by order of their masters,
it is clear that, according to the Lex Julia, the latter should
be declared infamous, and be deprived of any privileges they enjoy,
either on account of their country, or their birth; and the slaves
who are proved to have obeyed such wicked commands shall, after conviction,
be sent to the mines. Vile and degraded persons, as well as those
who have frequently been convicted of having perpetrated acts of violence,
are liable to the same penalty under the Imperial constitutions.
The judge must remember that
he will be branded with infamy if he should delay to pass sentence
for the crime of violence, after it has been established before him;
or should refuse to hear the accusation, or should grant immunity
to the offender; or should impose a milder penalty than We have prescribed. Given at Milan, on
the day before the Nones of March, during the Consulate of
Valentinian, Consul for the fourth time, and Neoterius, 290. 9. The Emperors
Honorius and Theodosius to Aurelius, Praetorian Prefect. The crime of one who
robs, and of one who knowingly retains the stolen property, are not
dissimilar. Given on the third
of the Nones of March, during the Consulate of Honorius, Consul
for the tenth time, and Theodosius, Consul for the fifth time, 415. 10. The Emperors
Leo and Anthemius to Nicostratus, Praetorian Prefect. We desire that all
persons, both in the towns and in the country, shall be deprived of
permission to harbor thieves, vagabonds, and armed
fugitive slaves. If anyone, in violation of this law which We have
promulgated for the public welfare, should attempt to entertain armed
slaves, vagabonds, or robbers on his premises, or near his person,
We order that he shall be punished severely, after having been sentenced
to pay a fine of a hundred pounds of gold. The
illustrious Governors of provinces should see that no one dares to
violate this law in any respect, and if they do so knowingly, they
shall be stripped of their rank and office, and, after having been
condemned to pay a fine of a hundred pounds of gold, shall be put
to death, and their principal retainers, as well
as the attendants attached to their persons, shall also be condemned
to death, in addition to the confiscation of their property. Given on the fifth of the Kalends of September, during the Consulate of Anthemius, Consul for the second time, 468. Title
13. Concerning the rape of virgins, widows, and nuns. We decree that ravishers
of virgins, who are of honorable rank or freeborn, whether they have
been betrothed or not, or of widows of any description, whether they
are freedwomen or the slaves of others, shall be punished with death,
as being guilty of the worst of crimes; especially when they are widows
or virgins consecrated to God, for not only in this case is an injury
committed against humanity, but against the reverence due to Almighty
God himself; since the virginity or chastity which has been destroyed
cannot be restored. It is with reason that person of this kind are
condemned to death as ravishers, as they are frequently also guilty
of homicide. Therefore,
in order that a crime of such atrocity may not go unpunished, We decree
by this general constitution that those who perpetrate it, as well
as those who aid them at the time, where they are caught in the act
and surprised when committing it, can immediately be killed by the
fathers or the blood-relatives, guardians, curators, patrons or masters
of the said virgins, widows, or women of any description whatsoever,
whether they are freeborn or not. We order that these provisions shall, above all,
be applicable to those who have dared to ravish married women, for
the reason that they are liable to punishment for a double crime,
that is to say, for adultery as well as rape; and it is necessary
for the crime of adultery to be punished with greater severity on
account of the other offence being added to it. We class with these
criminals one who has ventured to ravish the girl who was betrothed
to him. If, however,
after the commission of such a detestable crime, the ravisher should
be able to defend himself on account of his powerful influence, or
to escape by flight, the illustrious Praetorian Prefects, as well
as the distinguished Prefect of the City in this Imperial Capital,
as well as the eminent Praetorian Prefects in Illyria and Africa,
the Generals of the Army, throughout the different portions of Our
Empire, the Eminent Prefect of Egypt, the Count of the East, the Vicegerents,
Proconsuls, Dukes, and Governors of Provinces, and Judges of every
rank, who may be in those places, shall display the greatest zeal
and exert every effort to apprehend the culprit, and shall punish
with exemplary severity those who have been arrested for the commission
of such a crime, and sentence them to death after evidence which is
competent and recognized by law has been given, without permitting
any exception to be pleaded. If the defendants should wish
to appeal, We, in accordance
with the provisions of the ancient law of Constantine, refuse to grant
them permission to do so. (1) When the females
who have been violated are either slaves or freedwomen, their ravishers
shall only be subjected to the penalty aforesaid, and shall not be
deprived of any portion of their property. If, however, such an atrocious
crime should be perpetrated against a woman who is freeborn, all the
property movable, immovable, or capable of moving itself, which belongs
to the ravishers themselves, or to their accomplices, associates,
or followers who have given them assistance, shall be transferred
to the ownership of the said ravished freeborn woman by a decree of
court, and the efforts of her parents, husband, guardians or curators.
When the woman above mentioned
is not married, she can lawfully be united in matrimony with any man
whomsoever, except her ravisher, and the property of the latter, or
as much of it as she may desire, shall be given as the dowry of the
woman aforesaid. If she should not be willing to accept a husband,
but prefers to remain single, We order that the said property shall
belong to her absolutely, and that no judge, or any other person whosoever,
shall dare to violate this provision. No virgin, widow, or any other woman shall be
permitted to accept her ravisher as her husband, but any person whom
her parents may agree to (her ravishers excepted) can legally marry
her, as, under no circumstances, and at no time, shall she be given
permission by Us to consent to marry one who, in Our Empire, may attempt
to contract marriage in a hostile manner; for, where anyone desires
to take a wife, whether she be freeborn or a freedwoman, it is necessary
to demand her of her parents, or in accordance with Our laws and ancient
customs, of others who have charge of her, so that a lawful union
may be effected with their consent. (2) The penalties which
We have previously prescribed, that is to say, those of death and
the loss of property, We decree shall not only be inflicted upon the
ravishers themselves, but also upon those who accompanied them, and
were present when the crime took place. We subject to the punishment
of death all those who were aware of and accomplices in a crime of
this kind, and have been convicted; as well as those who harbored
the culprits, or gave them any assistance, whether they be men or
women, no matter of what position, rank, or dignity they may be; and
We render them liable to this penalty, whether the offence was perpetrated
with or without the consent of the said virgins or women. If, however, the ravishers themselves refrained from the commission of
this crime, being deterred either by fear, or by the severity of the
punishment, no reproach can be brought against the woman, whether
she gave her consent or not, because this law has been enacted to
protect women from the treachery of wicked men, who intend to employ
violence. For unless a man solicited her, and deceived her by his
detestable arts, he did not induce her to submit to such dishonor;
and if her parents, upon whom, above all, devolves the duty of revenge,
should tolerate the crime, and
stifle their grief, they shall be punished with deportation. (3) When anyone of
a servile condition is convicted of complicity in a crime of this
description, We order him or her to be put to death by fire, without
distinction of sex, as this was also very properly provided for by
the Law of Constantine. All
the provisions of the Lex Julia, which have reference to the
rape of virgins, widows, or nuns, or which are contained in the ancient
books of the law, or in the Imperial Constitutions, are hereby abolished
for the future, and this law alone shall take the place of all others,
so far as what We have decreed concerning the rape of nuns, virgins,
and widows is concerned. Given at Constantinople, on the fifteenth of the Kalends of December, during the Second Consulate of Our Lord the Emperor Justinian, 528. Title
14. Concerning the correction of slaves. If a master should
punish his slave by striking him with rods or straps, or, in order
to keep him in custody, should place him in chains, no
objection can be raised with reference to the time he was confined,
and the master need have no fear of criminal prosecution, in case
the slave should die. For, indeed, he does not use his rights without
moderation in a case of this kind, but he will become guilty of homicide
if he should intentionally inflict a fatal wound upon the slave by
means of rods, stones, or weapons; or order him to be hung; or direct
him to be hurled from
a precipice; or give him poison; or lacerate his body publicly by
the application of iron hooks to his sides; or burn his limbs with
fire; or cause his joints to waste away by depriving them of their
humors and blood; or deprive him of life by means of torture worthy
of the cruelty of the most savage barbarians. Given at Rome, on the fifth of the Ides of May, during the Consulate of Constantine, Consul for the fifth time, and Licinius, 312. Title
15. Concerning the correction of relatives. We grant the power
of punishing minors to their elder relatives, according to the nature
of the offence which they have committed, in order that the remedy
of such discipline may exert its influence over those whom a praiseworthy
example at home has not induced to lead an honorable life.
We, however, are not willing that the right to
inflict extremely severe castigation for the faults of minors should
be conferred, but that the exercise of paternal authority may correct
the errors of youth, and repress them by private chastisement. If,
however, the enormity of the deed should exceed the limits of domestic
correction, We decree that those guilty of atrocious crime shall be
brought before the courts of justice. Given on the day before the Kalends of December, during the Consulate of Valentinian and Valens, 365. Title
16. On the Lex Cornelia relating to assassins. Your brother would
have done better if he had surrendered himself to the Governor of
the province, for if he had proved that the man was not struck by
him with the intention of killing him, the Governor would have rendered
a decision in accordance with military discipline by remitting the
penalty of homicide; for a crime is committed when the purpose to
cause damage is present. Those acts, however, which take place rather
through unforeseen accident than from design are, for the most part,
attributed to misfortune, and not to an intent to commit injury. Published on the second
of the Kalends of February, during the Consulate of Lsetus,
Consul for the second time, and Cerealis, 216. 2. The Emperor Gordian
to Quintianus. He who, when in danger
of his life, kills his aggressor or anyone else, should have no fear
of prosecution on this account. Published on the third
of the Nones of April, during the Consulate of Arian and Pappus,
244. 3. The Same Emperor
to Quintianus. When anyone kills another
who attacks him with a sword, he should not be considered a homicide,
for the reason that the defender of his own life is not held to have
committed an offence. 4. The Emperor Gallienus
to Monatius. If (as you state) you
have killed a robber, there is no doubt that it will be decided that
you have lawfully killed him who had the intention of depriving you
of life. Published on the thirteenth
of the Kalends of February, during the Consulate of Valerius
and Lucillus, 266. 5. Copy of the Imperial
Epistle of the Emperors Diocletian and Maximian to Agathus. If it is true that
he who asserts he did not intentionally commit the homicide, but that
it took place accidentally, where death appears to have resulted from
a kick, no doubt can arise upon this point, and We desire that he
shall be freed from any fear and suspicion to which he may have been
liable from the facts, as admitted, in conformity with what is set
forth by Our annotation. Given at Sirmium, on
the seventh of the Kalends of December, during the Consulate
of Diocletian, Consul for the fourth time, and Maximian, Consul for
the third time, 290. 6. The Same Emperors
and Caesars to Agotius. If anyone should accuse
you under the Lex Cornelia relating to assassins, you must
prove your innocence of the crime, and not defend yourself by alleging
that you were not of age. Ordered at Rome, on
the sixth of the Kalends of November, under the Consulate of
the Caesars. 7. The Same Emperors
and Caesars to Philiscus. He who goes about armed
with the intention of killing a man, just as he who does kill one,
or through whose evil design such an act is committed, shall be punished
with the penalty prescribed by the Lex Cornelia, relating to
assassins. Ordered at Nicomedia,
on the seventh of the Kalends of January, during the Consulate
of the Caesars. 8. The Emperors
Valentinian, Valens, and Gratian to Probus, Praetorian Prefect. If any person of either
sex should kill an infant, he or she is hereby notified that they
will be punished with death. Published at Rome,
on the seventh of the Ides of February, during the Consulate
of Gratian, Consul for the third time, and Equitius, 374. 9. The Emperors
Gratian, Valentinian, Theodosius, and Arcadius to Cynegius, Praetorian
Prefect. Where a woman is found
to have plotted the death of her husband, or to have had the intention
of killing him in any other way, or where a
husband has entertained a similar design against the life of his wife,
all the slaves of both husband and wife who were in the house at the
time, without excepting any of them, shall be put to torture. Given at Constantinople, on the third of the Ides of December, during the Consulate of Arcadius and Bauto, 385. Title
17. Concerning those who kill their parents or children. If anyone should hasten
the end of either of his parents, his son, his daughter, or any of
those relatives whose murder is designated by the term parricide,
whether he committed the act secretly or openly, he shall suffer the
penalty of parricide, and shall neither be put to death by the sword,
nor by fire, nor by any other ordinary method, but shall be sewed
up in a sack with a dog, a cock, a viper, and a monkey, and, enclosed
with these wild animals and associated with serpents, he shall be
either thrown into the sea, or into a river, according to the nature
of the locality; so that, while living, he may be deprived of all
use of the elements, and during the remainder of his existence, he
may be deprived of air, and, at his death, of the earth. Given on the eleventh of the Kalends of December, during the Consulate of Licinius, Consul for the fifth time, and Crispus, 319. Title
18. Concerning poisoners, diviners, and other criminals of the same
description. It is a more serious
crime to kill a man by poison, than to cause his death by means of
a weapon. Published without date
or designation of consulate. 2. The Emperors
Diocletian and Maximian, and the Caesars, to Tiberius. It is a matter of public
interest to learn and practice the science of geometry, but the art
of divination is damnable, and is strictly prohibited. Ordered at Sirmium,
on the thirteenth of the Kalends of September, during the Consulate
of the Caesars. 3. The Emperor Constantine
to Maximus. No haruspex, no priest,
and none of those who are accustomed to practice this art, shall approach
the threshhold of another, either for this or for any other purpose;
but the friendship of men of this kind (even though it may be of long
standing) shall be rejected, and any haruspex who approaches another's
house shall be put to death by fire; and anyone who has, either by
solicitation or with the hope of reward, induced him to come, shall
be deported to an island, after his property has been confiscated.
We consider that an accuser
of a crime of this kind should not be classed as an informer, but
should rather be worthy of reward. Published at Rome,
on the Kalends of February, during the Consulate of Constantine,
Consul for the fifth time, and Licinius, 312. 4. The Same Emperor
and Caesar to Bassus, Praetorian Prefect. The knowledge of those
who, by means of magic arts, plot against the health or lives of men,
or turn chaste minds to licentiousness, should be punished, and repressed
by the severest laws. Those, however, who seek remedies for the ailments
of humanity, or, while in the country, innocently exert themselves
to preserve grapes from showers, or from the effects of rain or hail,
ought not to be liable to criminal accusations, as their efforts are
directed not to the injury of the health or reputation of mankind,
but to prevent the gifts of God and the labors of humanity from being
destroyed. Given at Aquileia,
on the tenth of the Kalends of June, during the Consulate of
Crispus and Constantius, 321. 5. The Emperor Constantius
and the Caesar Julian to the People. No one shall consult
an haruspex, a diviner, or a soothsayer, and wicked confessions made
to augurs and prophets must cease. Chaldeans, magicians, and others
who are commonly called malefactors on account of the enormity of
their crimes, shall no longer practice their infamous arts. Let all
curiosity relating to divination be at an end,
for anyone who hereafter refuses obedience to Our orders shall be
put to death, and laid low with the avenging sword. Given at Milan, on
the eighth of the Kalends of February, during the Consulate
of Constantius, Consul for the eighth time, and the Caesar Julian,
357. 6. The Same Emperor
to the People. Many persons do not
hesitate to disturb the elements by the use of magic, plot against
the lives of innocent people, and, by the invocation of household
gods, dare to provide means by which anyone can destroy his enemies
by evil arts. Such person shall be thrown to wild beasts, as they
are of a nature different from that of ordinary mortals. Given at Milan, on
the day before the Nones of December, during the Consulate
of Constantius, Consul for the ninth time, and Julian, Consul for
the second time, 357. 7. The Same Emperor
to Taurus, Praetorian Prefect. As the bodies of those
who are in the enjoyment of high rank are exempt from torture, except
for certain crimes specified by the laws, and as magicians in every
portion of the world should be considered the enemies of the human
race, and also as those who belong to Our retinue directly offend
Our Majesty when they practice these arts, therefore, if a magician,
or anyone accustomed to the use of magic verses, and who is usually
styled by the people a sorcerer, an haruspex, a soothsayer, an augur,
or a diviner, or anyone who employs himself in the interpretation
of dreams, or practices anything similar to the arts above mentioned,
should be found in My retinue, or in that of the Caesar, he shall
be deprived of his rank and punished, and shall not be exempt from
torture. And if, after having been convicted, he should continue to
deny the offence before those who have detected it, he shall be placed
upon the rack, and his sides torn by iron hooks, as these penalties
are suitable for a crime of such enormity. Given on the third
of the Nones of July, during the Consulate of Titian and Cerealis,
358. 8. The Emperors
Valentinian and Valens to Modestus, Praetorian Prefect. The guilt of a person
who studies things that are prohibited is equal to that of him who
teaches them. Given at Constantinople,
on the day before the Ides of December, during the Consulate
of Valentinian and Valens, 365. 9. The Emperors
Valentinian, Theodosius, and Arcadius to Albinus, Praetorian Prefect. Anyone who learns of,
and surprises and seizes another polluted by the practice of magic
arts, must immediately expose him, and bring the enemy of the public
welfare into court. If a driver, that is, a charioteer, or any other person, should attempt
to violate this law, or should oppress the victim of their pernicious
arts with secret punishments, he shall not escape the death penalty,
as he is subject to suspicion for two reasons; first, because he either
prevented him from being publicly dealt with, lest he might reveal
his accomplices in the crime, and escape the severity of the laws
and the torture to which he was liable; or, because he may have formed
an atrocious design to kill his own enemy under the pretext of vengeance. Given on the seventeenth of the Kalends of September, during the Consulate of Timasius and Promotus, 389. Title
19. Concerning the violation of sepulchres. Those who knowingly
do not hesitate to purchase and sell property destined for religious
uses, especially when it has already been employed for that purpose,
are warned that although the sale is not valid in law, still, they
are guilty of the crime of injury to religion. Published on the third
of the Kalends of March, during the Consulate of Sabinus, Consul
for the second time, and Venustus, 241. 2. The Emperor Constantine
to Tatian, Prefect of the City. When a slave who is
caught demolishing a tomb did so without the knowledge of his master,
he shall be sentenced to the mines. If, on the other hand, he was
induced to do so by the authority or order of his master, he shall
be punished with relegation. When anything taken from the tomb is
found to have been carried either to the city or country home of his
master, the house or building, no matter what it may be, shall be
confiscated to the Treasury. Given on the seventh
of the Ides of July, during the Consulate of Acindynus and
Proculus, 340. 3. The Same Emperor
to Limenius, Praetorian Prefect. Where anyone either
violates a tomb, or attempts to do so, and the judges of the district
neglect to punish the crime, they shall be fined not less than twenty
pounds of gold, which has been fixed as the penalty for violators
of tombs, and they shall be compelled to pay it into the Treasury
of Our Largesses. Given on the fifth
of the Kalends of April, during the Consulate of Limenius and
Catulinus, 349. 4. The Same Emperor
to the People. Those who violate tombs,
or, I should say, the houses of the dead, are considered to have perpetrated
a double crime; for, by destroying them they robbed those who are
buried, and by erecting new structures with the materials, they contaminate
the living. Therefore, if anyone should remove from a tomb either
stones, marble, columns, or any other materials to be used for building
purposes, or should do so with the intention of selling them, he shall
be compelled to pay ten pounds
of gold to the Treasury; or if anyone, defending his own tomb, should
file such a complaint in court, or some other person should bring
the accusation, or notify any official of the act, this penalty ought
to be added to the one formerly prescribed; for none of the punishments
imposed upon those who violate tombs are considered to have been repealed.
These penalties shall be inflicted
upon him who handles the bodies of persons who have been buried, or
the remains of the same. Given at Milan, on
the Ides of June, during the Consulate of Constantine, Consul
for the ninth time, and the Caesar Julian, 357. 5. The Emperor Julian
to the People. The audacity of the
violators of tombs extends even to injuring the busts of the deceased
and the consecrated mounds upon which they are raised; and our ancestors
always considered it a crime resembling sacrilege to take away stones
from them to disturb the soil, and to tear up the turf of the same.
It is also deemed an offence to remove the ornaments of tombs for
the purpose of decorating banqueting halls or porticoes. We,
therefore, having this in view, in the first place, forbid such acts
to be committed under the penalty of sacrilege, lest the respect to
which deceased persons are entitled may be violated. Given at Antioch, on
the day before the Ides of February, during the Consulate of
Julian, Consul for the fourth time, and Sallust, 363. 6. The Emperor Justin
to Theodore. As it is unjust, and
unworthy of Our reign for injury to be done to the remains of deceased
persons by those who allege that the latter were indebted to them,
and who, for the purpose of exacting the debt, interfere with their
burial, We, in order to prevent this injury from being committed hereafter,
and those whose duty it is to conduct the funeral of the deceased
from losing their rights, do hereby decree that any instruments which
may have been executed by the heirs before the corpse was buried,
for the purpose of collecting what was alleged to be due, or any admissions
which have been made by them, or any security which has been furnished,
or any pledges which have been taken, shall be absolutely void. All
pledges which have been given, or money which has been paid, shall
be returned, and any sureties who have been furnished shall be released
from liability; and, generally speaking, everything shall be restored
to its former condition unaltered, and the principal matter, as it
was in the beginning, shall be disposed of in court. Moreover,
anyone who has been found guilty of a crime of this kind shall pay
fifty pounds of gold, or, if he has not the means to do so, he shall
suffer such corporeal punishment as may be inflicted by a competent
judge. Given at Constantinople, on the Kalends of December, during the fifth Consulate of Olybrius, 526. Title
20. On the Lex Fabia concerning kidnapping. Let your father proceed
civilly by an action in rem before a competent magistrate against
him by whom he alleges his female slave has been seduced, and that
kidnapping has been perpetrated by carrying her away. If he should
gain his case, he can also prosecute him criminally under the Fabian
Law. If the slave was kidnapped, he will not be forbidden to bring
an accusation against him for this offence. Published on the twelfth
of the Kalends of April, during the Consulate of Antoninus,
Consul for the fourth time, and Balbinus, 214. 2. The Same Emperor
to Aurelius. If you can prove that
your slave was harbored by Julianus, and concealed by him for some
time, and that he afterwards persuaded him to take to flight, you
can either yourself, or by your attorney, prosecute him for the crime,
or you can bring the proper action against him, that is to say, one
for having corrupted the slave. Published on the seventh
of the Kalends of August, during the Consulate of Antoninus,
Consul for the fourth time, and Balbinus, 214. 3. The Emperor Alexander
to Cornelius. In order for the penalty
of the Fabian Law to be incurred, the charge must be signed, the accusation
made, and the sentence passed. Published on the eighth
of the Kalends of July, during the Consulate of Julian, Consul
for the second time, and Crispinus, 225. 4. The Emperor Gordian
to Paulina. The sentence pronounced
by the Attorney for the Crown, if he did not at the time occupy the
place of the Governor, who has power to act under the Fabian Law,
is void; as the administration of this law comes solely within the
jurisdiction of the Governor of the province. Published on the third
of the Nones of December, during the Consulate of Gordian and
Aviola, 240. 5. The Emperors
Valerian and Gallienus and the Caesars to Juliana. If your adversary took
your brother away, you should file a criminal accusation against him
under the Fabian Law, before the Governor of the province. Published on the Nones
of May, during the Consulate of Aemilianus and Bassus, 260. 6. The Emperors
Diocletian and Maximian to Martiana. It is not lawful either
to sell or give away a fugitive slave. Hence you will understand that
you are liable under the law which imposes a certain penalty to be
paid to the Treasury on account of crimes of this description, except
in the case of co-heirs and partners who, in the division of the common
property, are permitted to bid against one another for a fugitive
slave. Therefore, in this instance, it is lawful to sell a fugitive
slave, and the sale will be valid when he is found and seized by the
purchaser. Published on the third
of the Ides of March, during the Consulate of the Caesars. 7. The Same Emperor
to Maximus, Prefect of the City. As you state that certain
slaves have been removed from the city by kidnapping, and that freeborn
men are sometimes carried away in the commission of the same crime,
We decree that you shall have permission to punish such an offence
with extreme severity, and, therefore, if you find anyone guilty of
it, do not hesitate to sentence him to death, in order that others
may be deterred by the penalty, and not venture, by an audacious act
of this kind, to kidnap either slaves or freemen from the city, and
sell them. Given on the sixth
of the Ides of December, during the Consulate of Diocletian,
Consul for the third time, and Maximian, 287. 8. The Same Emperors
and Caesars to Confidius. The Governor of the
province, after having first decided the right of ownership, will
determine whether the accusation of kidnapping should be heard or
not; for if the slave should be found to be your property, the proof
of ownership having been established, the intention of the crime will
be lacking. If, however, after the question of ownership has been
decided, it should be proved that the slave belongs to another, the
Governor will hear the criminal accusation. Published on the eighth
of the Kalends of September, during the Consulate of Diocletian,
Consul for the fourth time, and Maximian, Consul for the third time. 9. The Same Emperors
and Caesars to Eugenius. It is a positive rule
of law that he who conceals another's slave is liable under the Fabian
Law. Ordered at Heraclia,
on the third of the Ides of May, during the Consulate of the
above-mentioned Emperors, 290. 10. The Same Emperors
and Caesars to Diza. It is settled that
he who purchases from another a slave that has been kidnapped, and
he is not proved to have been an accomplice in the perpetration of
the offence, is not criminally liable. Ordered during the
Nones of November, during the Consulate of the above-mentioned
Emperors. 11. The Same Emperors
and Caesars to Marpiata. The sale of a kidnapped
slave does not change the status, nor, where the crime is committed
by the kidnapping of a free person, is the status of the latter affected. Ordered during the
Ides of November, during the Consulate of the above-mentioned
Emperors. 12. The Same Emperors
and Caesars to Mutianus. Anyone who knowingly
harbors a fugitive slave and receives stolen property is liable on
this ground to an action of theft; and the Governor of the province
must cause the property to be restored to you, together with the ordinary
penalty. If, however, you should bring an accusation for the crime of kidnapping, he will not hesitate to afford
you a hearing. Ordered on the Kalends
of April, during the Consulate of the Caesars. 13. The Same Emperors
and Caesars to Severinus. The accusation of the
crime of kidnapping shall be included among those of public offences. Ordered on the fifth
of the Kalends of December, during the Consulate of the Caesars. 14. The Same Emperors
and Caesars to Callisthenes. An accusation for the
crime of kidnapping cannot be legally brought when those who are alleged
to be guilty assert that they thought that the slaves or free persons
in question belonged to them, and that they had good grounds for this
belief, and did not adopt it as a pretext for committing the act. Ordered at Nicomedia,
on the day before the Nones of December, during the Consulate
of the Caesars. 15. The Same Emperors
and Caesars to Pomponius. Anyone, by selling
a freeman without his consent, becomes liable to the penalty for kidnapping
if he is aware of his condition. Given at Nicomedia,
on the thirteenth of the Kalends of January, during the Consulate
of the Caesars. 16. The Emperor
Constantine to Domitius Celsus, Vicegerent of Africa. Those who inflict wretchedness
upon parents by kidnapping their living children are liable to be
sentenced to the mines, in addition to the other penalties already
prescribed by the laws. Where, however, anyone is accused and convicted
of a crime of this kind, if he is a slave or a freedman, he shall
be thrown to wild beasts; if he is freeborn, he shall perish by the
sword. Given on the Kalends of August, during the Consulate of Constantine, Consul for the fourth time, and Licinius, 315. Title
21. On the Viscellian Law. The Viscellian Law
prohibits persons of the condition of freedmen from daring to assume
such honors and dignities as belong to those who are freeborn, or
to usurp the office of decurion, unless they have been authorized
to do so by having obtained the right from the Emperor to wear gold
rings, for then they are entitled to the appearance, but not to the
actual status of free birth during their lives; and, without
any risk to themselves, can perform the public duties of those offices
to which freeborn persons are eligible. Moreover,
any freedman, who declares that he is freeborn, will not only be civilly
liable for his acts, but can also be prosecuted criminally under the
Viscellian Law. He, also, who usurps the decurionate, shall be branded
with infamy. There is
no doubt that individual freedmen, while in the country of their patrons
are, in proportion to their means, required to discharge the personal
duties to which men of this kind are usually liable. Published at Antioch, on the second of the Ides of February, during the Consulate of the Caesars. Title
22. On the Cornelian Law with reference to forgery. If you accuse the other
party of the crime of the substitution of a child, the trial of the
case, which is a capital one, should not be deferred until the boy
reaches the age of puberty, which has already been decided by Myself
and My Divine Father, Severus; for it is probable that the woman who
is accused will defend herself in every way possible, to avoid suffering
the penalty of death. Published on the Nones
of March, during the Consulate of the two Aspers, 213. 2. The Emperor Alexander
to Valerius. It has been clearly
stated in the Rescripts of My ancestors that, when the crime of forgery
has been committed by a debtor for the purpose of postponing payment,
he should, nevertheless, be compelled to discharge the debt, irrespective
of the criminal prosecution. Published on the third
of the Nones of May, during the Consulate of Maximus, Consul
for the second time, and Aelianus, 224. 3. The Same Emperor
to Cassius. Although you have accepted
the legacy left you under the will which you allege is forged, and
which you accuse your father's wife, that is to say, your step-mother,
of having substituted for the genuine will, which she abstracted at
a time when you did not know that a crime had been committed, you
will, nevertheless, not be prevented from bringing a criminal accusation
against her, after the legal formalities have been complied with. Published on the eleventh
of the Kalends of January, during the Consulate of Albinus
and Maximus, 228. 4. The Same Emperor
to Maximus. Those who make use
of forged rescripts should be punished by a penalty worthy of the
offence, and of exemplary severity. Anyone, however, who has been
deceived by another, and who can prove his innocence, and produce the person from whom he
received the forged document, shall be released. Published on the fourth
of the Kalends of January, during the Consulate of Albinus
and Maximus, 228. 5. The Same Emperor
to Petronius. My principles forbid
an accusation of forgery, or of any other capital crime, to be brought
against your mother, but this matter does not deprive her of any pecuniary
rights; since if any doubt exists with reference to the will in question
under which your mother claims a trust, an inquiry can be instituted
as to its genuineness, without fear of a criminal proceeding. Published on the third
of the Kalends of September, during the Consulate of Agricola
and Clement, 231. 6. The Emperor Philip
and the Caesar Philip to Culpius. Anyone who has asserted
that a will is false, and has lost his case, will have no right to
a bequest left by the deceased under the terms of said will. Published on the fifteenth
of the Kalends of April, during the Consulate of Philip and
Titian, 246. 7. The Emperors
Valerian and Gattienus and the Caesar Valerian to Heliodorus. You yourself state
that when your adversaries first produced the instruments in question,
you suspected their genuineness; therefore, having made a compromise,
it will be difficult for the Governor of the province to permit you
to denounce as forged the documents which you have once accepted. Published on the third
of the Kalends of July, during the Consulate of Fuscus and
Bassus, 240. 8. The Same Emperors
and Caesars to Marinus. If you state that certain
codicils were forged by the persons against whom you filed your petition,
they cannot escape the accusation denying that they availed themselves
of the same; for those alone can be benefited by abstaining from the
use of an instrument of this kind who are not themselves alleged to
have been the forgers of it, and whom the employment alone of the
said instrument would render liable. Those,
however, who after criminally forging the codicils, have incurred
the severity of the Cornelian Law, cannot avoid punishment for the
crime, by setting up the defence that they have refused to make use
of them. Published on the third
of the Kalends of July, during the Consulate of Aemilianus
and Bassus, 260. 9. The Emperors Carinus and Numerianus to Mesius. If you should prove before the Governor of the province that you are the heir at law of the person who wrote the codicil, the ordinary rule is that, after you have been placed in possession of the estate, you must execute the trusts which have been lawfully bequeathed, unless it is your intention to prove that the codicil is forged. But if you have instituted criminal proceedings, and they have been dismissed through Our indulgence, you will still be entitled to an investigation, and can bring a civil action in order to determine the genuineness of the codicil. Published on the third
of the Kalends of April, during the Consulate of Carinus, Consul
for the second time, and Numerianus, 284. 10. The Emperors
Diocletian and Maximian to Legitimus. If you intend to accuse
your uncle's wife of the crime of the substitution of a child, you
must bring and prove your accusation before the Governor of the province. Published on the eleventh
of the Kalends of October, during the Consulate of Diocletian,
Consul for the second time, and Aristobulus, 285. 11. The Same Emperors
and Caesars to Isidore. Where a pecuniary case
can be referred to ordinary judges, they can, in conformity with the
opinion of that most learned jurist, Paulus, also decide civilly with
reference to the genuineness of written instruments. Published on the tenth
of the Kalends of July, during the Consulate of Diocletian,
Consul for the third time, and Maximian, 287. 12. The Same Emperors
and Caesars to Primus. Prosecution for the
crime of forgery, like almost all others, is not barred by prescription,
unless twenty years have elapsed. Ordered on the sixth
of the Ides of January, during the Consulate of the Caesars. 13. The Same Emperors
and Caesars to Marcus. Anyone who states in
writing that a certain person was present and received his property,
when in fact he was absent, does not prejudice the rights of the said
person who was not aware of the facts, but renders himself liable
to criminal prosecution. Published on the sixth
of the Kalends of January, during the Consulate of the above-mentioned
Emperors. 14. The Same Emperors
and Caesars to Gentianus. It is well known that
anyone who conceals or abstracts a will is guilty of the crime of
deceit. Ordered at Sirmium,
on the third of the Kalends of January, under the Consulate
of the above-mentioned Emperors. 15. The Same Emperors
and Caesars to Rufus. If a creditor, acting
in collusion with his debtor, sold you the tract of land, he has committed
the crime of deceit, and has done you no injury, but, on the other
hand, has rendered himself liable to prosecution for the offence. Ordered on the thirteenth
of the Kalends of February, during the Consulate of the Caesars. 16. The Same Emperors
and Caesars to Fortunatus. There are two ways
open to a person desiring to contest the genuineness of a will. Therefore,
although you cannot institute criminal proceedings by an attorney,
still you will not be prevented from bringing a civil action impeaching
the genuineness of the will, as the accused cannot only legally be
sued by another, but can also be criminally prosecuted by him who
brings the civil action. Ordered at Sirmium,
on the eighth of the Ides of February, during the Consulate
of the Caesars. 17. The Same Emperors
and Caesars to Menelaus. As a forged will or
codicil cannot be rendered valid by the lapse of any period of time,
so one which is genuine and legal cannot be annulled. Therefore if
you wish to punish the crime, either by a public accusation or a civil
suit, the Governor of the province, provided he has previously been
convinced of the truth of your assertion by other evidence, will only
direct those slaves to be produced who can be interrogated. Ordered at Sirmium,
on the third of the Ides of February, during the Consulate
of the Caesars. 18. The Same Emperors
and Caesars to Maximus. Legal possession does
not render a title valid which was fraudulent in the beginning, therefore
you can institute a criminal prosecution against those whom you allege
are contesting the ownership of the land with you. Ordered on the third
of the Nones of March, during the Consulate of
the Caesars. 19. The Same Emperors
and Caesars to Cosmia. Even if you are interested
in the matter, still you should deliberate carefully in your own mind
as to your course, in order that you may not bring an unlawful accusation
by alleging that the instrument which you have signed is forged. But
as it is not permissible to accuse women of forgery in matters in
which they are not directly interested, and you acknowledge that you
formerly gave this same land to another, you ask that the power of
bringing the accusation be granted you contrary to the rule of law. Ordered on the eighth
of the Ides of March, during the Consulate of the Caesars. 20. The Same Emperors
and Caesars to Rufinus. The fact that the copy
of the rescript was incorrectly made should not delay its investigation
by the judge to whom the case was assigned, as the parties will not
be liable to a criminal prosecution unless they have intentionally
committed forgery. Signed on the eleventh
of the Kalends of November, during the Consulate of the Caesars. 21. The Emperor
Constantine to Mechilius Hilarianus. If a decurion should
write a will, a codicil, or any other instrument for.the disposition
of the property of a person who is dying, or should officially draw
up any public or private documents, and then be prosecuted for forgery,
he shall be deprived of his office, and subjected to torture if the
case requires it. He,
however, who is accused of an act of this kind, does not immediately
cease to be a decurion, for he will remain such so far as his municipal
functions are concerned; but he cannot avail himself of the privileges
of the decurionate with reference to the matter in controversy, the
truth of which is to be ascertained. Nor can he who was formerly a
notary, and afterwards became a decurion, plead the privileges
of this office for the purpose of escaping torture on account of documents
which he formerly drew up, as their genuineness must be proved by
the author himself if circumstances demand it. Given on the third
of the Kalends of February, during the Consulate of Sabinus
and Rufinus, 316. 22. The Same Emperor
to Maximus, Prefect of the City. When the investigation
of a case of forgery takes place, every attempt must be made to obtain
proofs, witnesses, comparison of documents, and all other methods
of ascertaining the truth, nor shall the accuser be the only person
interrogated, or be required to furnish all the evidence, but the
judge must occupy an intermediate position between the two parties,
and not divulge what he thinks by means of any interlocutory decree,
unless he gives some indication, which is solely required by his duty
as a magistrate, for the purpose of furthering the proceedings; and
he must finally state his opinion in the decision which he renders.
We limit the prosecution of a criminal case of
this kind to the term of two years, which it shall not be lawful for
either party to exceed. And the beginning of the same shall arise
at the time when the accusation is contested before a competent judge;
and, after the crime has been proved, the person who committed the
forgery shall be put to death, if the enormity of the offence demands
it; or he shall be sentenced to deportation. Published on the eighth
of the Kalends of April, in the Forum of Trajan, during the
Consulate of Constantine, Consul for the seventh time, and the Caesar
Constantius. 23. The Emperors
Valens, Gratian, and Valentinian to Maxime, Praetorian Prefect. We grant permission
to litigants, after a disputed instrument has been presented to the
court, for him who questions its genuineness, to be compelled to publicly
state whether he intends to proceed criminally or civilly with reference
to the alleged forgery. If he intends to proceed criminally, he must
bring an accusation for forgery, and as soon as the civil suit has
been terminated by a decision, the criminal prosecution can take place,
so that if anyone should attempt to introduce wills, receipts, attestations,
public or private accounts, agreements, letters, final dispositions,
written proofs of donations, bills of sale, or any other documents,
the contestant shall have the power to bring the accusation.
With reference to the civil investigation, however,
a less rigid examination of the parties litigant should be made, as
the judge who presides over the criminal trial can punish the false
statements of the plaintiff and the criminal acts of the defendants
with legal penalties. Published at Rome,
on the sixteenth of the Kalends of May, during the Consulate
of Valens, Consul for the fifth time, and Valentinian, 376. 24. The Emperors
Valentinian, Theodosius, and Arcadius to Proculus, Prefect of the
City. Whether a civil or
a criminal proceeding (as may be selected by the plaintiff) has been
instituted with reference to codicils, or other written instruments
which have been produced in court, We grant permission for the proof
of the genuineness of said instruments first to be required of him
who offered them in evidence, and then he who, is ready to prove that
they are forged shall be allowed to establish his allegations. Given on the tenth of the Kalends of February, during the Consulate of Timasius and Promotus, 389. Title
23. Concerning those who draw up wills under which they are beneficiaries. Although jurists hold
that it is contrary to the Cornelian Law for an emancipated son, at
the dictation of his father to write in a will, that he is his heir,
still, if before the will was drawn up he would have been his lawful
successor, and had acquired possession of the property, he would be
considered his heir; just as if your father had appointed you his
heir with his own hand, and you had only discharged your duty as his
son. Published on the Nones
of September, during the Consulate of the two Aspers, 213. 2. The Same Emperor
to Atticius. If the testator, who
wrote the codicil with his own hand, stated therein that either a
legacy or a trust was left to you, you will not be considered to have
incurred the penalty imposed by the Decree of the Senate. But if he
mentioned in the codicil that he had dictated the will, you should
not claim the legacy or the trust, and you will be released from liability
for the penalty on account of Our Imperial indulgence. Published on the Ides
of December, during the Consulate of Antoninus, Consul for the
fourth time, and Balbinus, 214. 3. The Emperor Alexander
to Martial. It was forbidden by
the Decree of the Senate and the Edict of the Divine Claudius that
those who write the wills of others — even though at the dictation
of the testators — should include in them any bequest to themselves,
and the penalty of the Cornelian Law is imposed upon anyone who does
so. The Senate and the Emperors very rarely pardon anyone who requests
it, when he attempts to excuse himself on the ground
of ignorance, and offers to reject whatever has been left to him
by the will. Published on the seventeenth
of the Kalends of April, during the Consulate of Maximus, Consul
for the second time, and Aelianus, 224. 4. The Same Emperor
to Crescens. Any legacies which
a husband wrote with his own hand in the will of his wife are held
not to have been written, and the penalty of the Cornelian Law will
apply if pardon is not obtained. Published on the third
of the Nones of February, during the Consulate of Fuscus, Consul
for the second time, and Dexter, 226. 5. The Same Emperor
to the Soldier Gallienus. The slave whom you
mentioned in the will of your fellow-soldier, by his order, as having
been left to you, is considered as not bequeathed, and therefore you
cannot claim the legacy. The penalty of the Cornelian Law, however,
so far as you are concerned, is remitted through My indulgence, for
I think that you were rather mistaken than guilty of malice. Published on the seventeenth
of the Kalends of July, during the Consulate of Fuscus, Consul
for the second time, and Dexter, 226. 6. The Emperors
Diocletian and Maximian, and the Caesars, to Aufidius. If you, under the direction
of your master, wrote with your own hand in his will that you were
to obtain your freedom, and as you state that your master did not
sign the will, and did not expressly admit, by any written instrument,
that you were entitled to your freedom, the terms of the Decree of
the Senate oppose your receiving it. You are, however, released from
the penalty of forgery, as you could not antagonize your master. Published on the sixth of the Ides of December, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290. Title
24. Concerning counterfeit money. As certain makers of
counterfeit money are perpetrating their crime in secret, all persons
are notified that they are required to detect men of this kind, so
that their guilt having been ascertained, they may be delivered up
to the judge, and immediately be put to torture to compel them to
reveal their accomplices, and then be punished as they deserve. We
grant immunity to their accusers, and as their civil conditions vary,
rules are hereby established by Us with reference to each of these.
If any soldier should permit
a criminal of this description, who has been arrested, to escape,
he shall be punished with death; and anyone not
a soldier, who is guilty of such an offence, shall be denied the right
of appeal. If a soldier, or an officer, should himself commit this
crime, he shall be brought before competent judges with due regard
to his rank. Any house
or field where counterfeiting has taken place shall be confiscated
to the Treasury, and if the owner was in the neighborhood, he shall
be punished for carelessness or neglect, even if he was not aware
of the commission of that offence, unless being ignorant in the beginning,
he divulged the crime as soon as he found it out; for, in this instance,
his land or his house will not be liable to confiscation. When, however, he was at a great distance from
his house or his land at the time, he will sustain no injury, but
the agent in charge of the property, the slaves, the tenants, or the
serfs, whose services are employed in its management, together with
the individual who actually perpetrated the offence, shall be capitally
punished. We, however,
consider widows and minors worthy of special indulgence, and direct
that widows, who may have been in the vicinity, should not be deprived
of their houses or lands, if they themselves were in no way implicated
in so serious a crime. Moreover, children under the age of puberty,
even if they are accomplices, shall not suffer any loss, because their
age, which renders them deficient in judgment, release them from liability.
But if their guardians are in the neighborhood, they will incur the
penalty, for they should not be ignorant of what their wards are doing;
and if they are solvent, as much of their property shall be forfeited
to the Treasury as their wards would have been compelled to pay had
they been convicted. Given on the twelfth
of the Kalends of December, during the second Consulate of
the Caesars, Crispus and Constantine, 521. 2. The Same Emperor
to Tertullus, Prefect of the City. When anyone makes counterfeit
money, We order that his entire property shall be confiscated to Our
Treasury, for We wish that money shall be coined only in Our mints.
Those who are guilty of counterfeiting have committed high treason,
and a reward is promised to their accusers. Whenever a counterfeiter
of solidi, or anyone who has placed them in circulation, is
convicted, he shall instantly, and without delay, be put to death
by fire. Given at Milan, on
the day before the Nones of July, during the Consulate of Constantine,
Consul for the seventh time, and Constantius, 326. 3. The Emperors
Valentinian, Theodosius, and Arcadius to Rufinus, Praetorian Prefect. If anyone should extort
the privilege of coining money, either by virtue of a rescript or
a permit issued by Us, he shall not only lose the benefit of the permission
which he has obtained, but will also suffer the penalty which he deserves. Given at Constantinople, on the Ides of July, during the Consulate of Theodosius, Consul for the third time, and Abundantius, 393. Title
25. Concerning the change of name. As in the beginning,
private individuals have the right, for the purpose of recognition,
to give their children such names and surnames as they may desire,
so a change of name does not prejudice innocent persons. Therefore,
if you are a freeman, you can legally change your name or surname
without committing a fraud; and you are not forbidden to do so in
accordance with the laws which have been frequently enacted on this
subject, and your rights will not, on this account, be prejudiced
in the future. Given on the fifteenth of the Kalends of January, during the Consulate of the above-mentioned Emperors. Title
26. On the Julian Law relating to political corruption. Let no one presume
to again apply for the office of commander, enumerator, jailer, or
any other employment, as one term of these is sufficient
for the public welfare. If anyone of such persons should, by means
of an Imperial Rescript, fraudulently acquire an office a second time,
what he obtained in this way shall be considered as void, and he shall
be held to a strict accountability for the acts which he performed
during his previous administration. Those
who violate this law shall be sentenced to the penalty of deportation,
in accordance with the terms of the Lex Julia, relating to
political corruption. Given at Milan, on the day before the Kalends of June, during the Consulate of Stilicho and Aurelian, 400. Title
27. On the Julian Law relating to extortion. In order that the penalty
inflicted upon one person may strike many others with fear, We order
that a duke who has been guilty of extortion shall be sent, under
a sufficient guard, into the province which he plundered, and be compelled
against his will to pay not only fourfold the value of what he himself
extorted or took from the inhabitants of Our province, but also of
anything which the members of his household and his soldiers and attendants
may have obtained in this manner. Given at Constantinople,
on the day before the Ides of June, during the Consulate of
Antoninus and Syagrius, 382. 2. The Same Emperors
to Florus, Praetorian Prefect. All judges are notified
that, so far as their own extortions are concerned, the pecuniary
penalties imposed cannot only be collected from them, but also from
their heirs. Given on the Kalends
of September, during the Consulate of Antoninus and Syagrius,
382. 3. The Same Emperors
to Marcellinus. All magistrates and
judges are hereby notified that they must keep their hands off of
the money and estates belonging to litigants, and not think that the
controversies of others may be a source of plunder for themselves,
for judges and traders in private litigation are liable to the penalties
prescribed by the laws. Given at Milan, on
the day before the Nones of April, during the Consulate of
Merobaudus, Consul for the second time, and Saturninus, 383. 4. The Same Emperors
and Arcadius, Edict Addressed to the Inhabitants of the Provinces. We order, and We urge
that if any public official, decurion, landlord, and finally any vassal
or person of any rank whatever, should have been, in any way, harassed
by a judge, or if anyone should know that a judicial decree was obtained by the use
of money, or that a penalty was remitted through a reward, or with
the hope of gain, or where anyone can afterwards establish the dishonesty
of a judge in any case, he must denounce him, and furnish evidence
in support of his accusation, either during his administration, or
after he has relinquished his office; and, if he should prove the
crime, he shall be honored and glorified for having done so. Given at Constantinople,
on the tenth of the Kalends of July, during the Consulate of
the Noble Prince Honorius, and Evodius, 386. 5. The Emperors
Valentinian, Theodosius, and Arcadius to Severinus, Count of Private
Affairs. Let every Attorney
of the Crown, Steward of the Royal Household, secretary, collector,
or tenant of anyone, who remembers that the Count of Our Private Affairs
has extorted money from him, and he to whom he paid it has retired
from office, demand what he paid before Your Excellency, within the
term of one year, and whatever he refunds shall be credited on his
account. When, however, the prescribed time has elapsed
from the date of his laying aside his office, no accusation of this
kind shall be heard, but We decree that the Attorneys themselves,
the Stewards, the tenants, the secretaries, and the collectors aforesaid
shall be held liable for payment. Given at Milan, on
the day before the Nones of June, during the Consulate of Valentinian,
Consul for the fourth time, and Neoterius, 290. 6. The Emperors
Theodosius and Valentinian to Florentinus, Praetorian Prefect. We order that men shall
be selected for the government of provinces whose lives are honorable,
and who are not attracted to the office by ambition or the desire
for gain, but who are deemed worthy of promotion by Your Excellency,
so that those who are chosen for the place by yourself or by Us, having
been sworn, may state that they have not given anything in order to
obtain the office to which they have been appointed, and that they
will never in the future give anything, either themselves, or by other
persons for that purpose, in violation of the law, and of their oath,
nor enter into an agreement of this kind, by way of a sale or donation,
or under any other pretext. They
should also swear that, with the exception of their salaries, they
will not accept anything whatever during their administration, or
after they have relinquished their office, in consideration of any
favor which they may bestow during their term, and which they should
grant without reward. And
although We believe that no one, by violating his oath, will forget
the fear of God, and prefer some present advantage to his own salvation,
still, in order that the danger of punishment may be added to the
fear of Divine retribution, We grant to all persons the right of accusation,
as of a public crime, where any official dares to disregard
the oath which he has taken, and this applies not only to him who
received the presents but also to him who gave them; and anyone convicted
of this crime shall be fined quadruple the value of what was given
or received. Given at Constantinople, on the sixth of the Kalends of December during the Consulate of Theodosius, Consul for the seventeenth time and Festus, 439. Title
28. Concerning the crime of embezzlement. Judges who misappropriate
public money during their administration incur the penalty imposed
by the Lex Julia relating to embezzlement, and We order that
they shall suffer capital punishment, and that those shall be subjected
to the same penalty who are guilty of complicity with them, or who
knowingly received the property misappropriated by them. Given at Constantinople, on the fifth of the Nones of March, during the Consulate of Honorius, Consul for the tenth time, and Theodosius, Consul for the sixth time, 415. Title
29. Concerning the crime of sacrilege. Those who fail to observe,
or violate the sanctity of the Divine Law and offend either through
ignorance or neglect, commit sacrilege. Given at Thessalonica,
on the third of the Kalends of March, during the Consulate
of Gratian, Consul for the fifth time, and Theodosius, 380. 2. This Law is not
Authentic. 3. The Same Emperors
to Symmachus, Prefect of the City. The conduct of the
Emperor should not be discussed, for it is the same as sacrilege to
doubt whether he whom the sovereign selects for an office is worthy
or not. Given at Milan, on
the fifth of the Kalends of January, during the Consulate of
Richomer and Clearchus, 384. 4. The Same Emperors
and Arcadius to Eutropius, Praetorian Prefect. Let no one think that
he who desires to receive and administer an office, in the same province
in which he is both an inhabitant and a citizen, is not guilty of
sacrilege, unless the Emperor himself has voluntarily granted someone
this privilege by a rescript. Given on the sixteenth of the Kalends of August, during the Consulate of Arcadius and Bauto, 385. Title
30. Concerning seditious persons, and those who dare to assemble the
people against the government. If anyone should attempt
to stir up the populace contrary to the plain provisions of the law
enacted on this subject, and resist the public authorities, he shall
be subjected to the severest punishment. Given at Constantinople,
on the thirteenth of the Kalends of January, during the Consulate
of Richomer and Clearchus, 384. 2. The Emperor Leo
to Erythrius, Praetorian Prefect. No seditious speeches
shall be made with tumultuous clamor in any city or elsewhere, nor
shall any offensive words be uttered against any official of the government;
and those who make such speeches and incite such tumults are hereby
notified that they will, under no circumstances, obtain anything which
they demand, but that, on the other hand, they will be liable to the
penalties which the ancient laws provide against the authors of seditions
and tumults. Given at Constantinople, on the second of the Nones of March, during the Consulate of Leo, Consul for the sixth time, 474. Title
31. When a civil action cannot be brought at the same time along with a criminal prosecution, and whether both proceedings can be instituted by the same person. It has been generally
laid down by a majority of jurists that whenever both a criminal and
a civil action will lie in a private matter, both of them can be brought,
no matter which may first be instituted; and when the civil action
has not been filed, the criminal one can be, and vice versa. Hence, if anyone has been
forcibly dispossessed of property, and for the purpose of recovering
it has made use of the interdict Unde vi, it is still not forbidden
to bring a criminal accusation under the Julian Law relating to public
violence. And where a will has been suppressed, and proceedings have
been begun under the edict providing for its production, a criminal
prosecution is authorized by the Cornelian Law having reference to
wills. When a freedman alleges that he is freeborn, he
can be prosecuted civilly on account of the services due to his patron,
as well as criminally under the Viscellian Law. Under this head also
is classed the action of theft, as well as that created by the Fabian
Law. There are many other
instances which cannot be enumerated here : where when one action
is brought first, it is lawful to try the case again by having recourse
to another. According to this statement of the law, there is no doubt
that the crime of forgery, which has already been made the subject
of a civil action, can also be prosecuted criminally. Given on the day before the Kalends of January, during the Consulate of Valens, Consul for the sixth time, and Valentinian, Consul for the second time, 378. Title
32. Concerning the crime of plundering an estate. You cannot prosecute
your co-heir for the crime of plundering the estate when you acknowledged
that, after having examined the property in the common chest, the
keys of the same were delivered to him. When a demand is made to produce
the property in court, he cannot be compelled to adjust his accounts,
for after the property for which the demand was made has been produced,
the decision of the controversy should be left to the proper judges. Published on the twelfth
of the Kalends of May, during the second Consulate of Antoninus
and Geta, 206. 2. The Emperor Antoninus
to Primus. You are not prevented
from prosecuting your step-father for the crime of plundering the
estate, before the Governor of the province. Published on the seventh
of the Kalends of March, during the Consulate of Laetus, Consul
for the second time, and Cerealis, 216. 3. The Same Emperor
to Helena. If you have entered
on the estate of your grandfather, you will not be prevented from
prosecuting your step-mother for the crime of plundering the estate. Published on the third
of the Nones of January, during the Consulate of Sabinus, and
Anulinus, 217. 4. The Emperor Gordian
to Bassus. The heirs of a deceased
husband cannot prosecute his widow for the crime of plundering his
estate (as she is, both humanly and divinely speaking, the partner
of her husband). Therefore you can sue for the property, which you
allege she has abstracted, by bringing the proper action in rem;
or, if she has been guilty of fraud in order to avoid having possession
of the chattels, you can compel her to produce them, and she cannot
acquire the ownership of the income of any property which she retained
in bad faith, for although she is not liable to prosecution for the
crime of plundering the estate, there is no doubt whatever that the
income from the same can be recovered by a suit if it is in existence,
and if it has been consumed, a personal action may be brought for
its value. Published on the sixth
of the Kalends of March, during the Consulate of Atticus and
Praetextatus, 243. 5. The Emperor Philip
and the Caesar Philip to Simplicius. Legatees, even when
they were the freedmen of the deceased, cannot be deprived of the
benefit of their legacies, under the pretext that the estate has been
plundered, especially when the case has not been heard. Published on the fifteenth
of the Kalends of February, during the Consulate of Philip
and Titian, 246. 6. The Same Emperor
and Caesar to Basilia. It is a well-settled
rule of law that the crime of plundering an estate can be prosecuted,
even where a civil action for the same cause has failed. Published on the tenth of the Kalends of March, during the Consulate of Aemilianus and Aquilinus, 250. Title
33. Concerning property carried off by violence. It is an established
principle of law that an action brought for the recovery of property
carried away by violence, and which includes a penalty, has reference
rather to property which is movable and can move itself than to land
illegally occupied. Published on the Kalends
of March, during the Consulate of Atticus and Praetextatus, 243. 2. The Emperors
Valerian and Gallienus to Longinus. If the heir of the
donor forcibly deprived you of the movable property, whose ownership
you acquired by a legal donation, you have the right to bring suit
for quadruple damages on the ground of property taken by violence,
within a year; and, after that time, you will not be prevented from
bringing an action for simple damages. Published on the seventh
of . . . May, during the Consulate of Secularus and Donatus,
261. 3. The Emperors
Diocletian and Maximian, and the Caesars, to Evelpistus. It is settled that
a creditor who forcibly removes property which has been pledged to
him does not perform a lawful act, but commits a crime, and there
is no doubt that he can be sued for quadruple damages on the ground
of having carried away the property by violence within the available
year, or for simple damages after the year has expired. Ordered at Sirmium,
on the seventh of the Kalends of January, during the Consulate
of the above-mentioned Emperors. 4. The Same Emperors
and Caesars to Attalus. With reference to property
which a slave belonging to another is said to have, removed by violence,
without the knowledge of his master, the latter can be sued for quadruple
damages in a noxal action on this ground before a competent court
within a year, and, after that time, an action for simple damages
can be brought against him. Ordered at Heraclia,
on the second of the Kalends of May, under the Consulate of
the above-mentioned Emperors. 5. The Same Emperors
and Caesars to Domna. Whether you think that
you should proceed against your stepmother in an action based on voluntary
agency, or in one for the forcible removal of property, by means of
which quadruple damages can be recovered within the available year,
and similar damages afterwards; you can bring your suit before the
Governor. Ordered at Philippopolis, on the sixth of the Nones of July, during the Consulate of the above-mentioned Emperors. Title
34. Concerning the crime of swindling. You acknowledge that
you have committed a dishonorable and criminal act by having pledged
the same property to several persons, and that, when contracting the
last obligation, you concealed the fact that the said property was
already encumbered to others. You will provide for your security,
and avoid prosecution for crime, if you pay your debts to all your
creditors. Published on the fifth
of the Ides of February, during the Consulate of Pompeianus
and Pelignus, 232. 2. The Emperor Gordian
to Valens. If your father gave
you a donation, and, at the time when you were emancipated, transferred
to you by delivery the ownership of the said property, and afterwards
hypothecated it to his creditor as his own, without your consent, he does not prejudice
your rights, nor can he be prosecuted for the crime of swindling,
because of knowingly encumbering to his creditor as his own, and without
your consent, property which he knew belonged to another. Published on the second
of the Kalends of January, during the Consulate of Gordian
and Aviola, 240. 3. The Same Emperor
to Hadrian. Swindling should not be included among public crimes. Published on the Ides
of April, during the Consulate of Atticus and Praetextatus, 243. 4. The Emperor Philip
to Euprepius. Advantage cannot be
taken of the ignorance of a creditor without incurring the risk of
punishment, where property encumbered to him has already been legally
pledged or hypothecated to another; for fraudulent acts of this description
should be regarded as unusual offences, and it has been repeatedly
stated in rescripts that swindling must be severely punished. Hence
your debtor either attempted to take advantage of your ignorance,
or, if the obligation was legally contracted, he fraudulently tried
to deprive you of your right by conniving with a person for this purpose,
whom he pretended to have a prior lien on the property pledged; and
you can appear before the court having jurisdiction which will render
a decision in conformity with law and equity. Published on the sixth of the Ides of May, during the Consulate of Peregrinus and Aemilianus, 245. Title
35. Concerning
injuries. It is not lawful to
injure the slaves of others. Published on the eleventh
of the Kalends of December, during the Consulate of Alexander. 2. The Same Emperor
to Clavus. The action for injury
will lie in your favor for two reasons: first, because a husband is
understood to have some regard for his wife's reputation for chastity;
and second, because a father is considered to sustain damage when
the character of his daughter is assailed. Published on the day
before the Ides of May, during the Consulate of Agricola and
Clement, 231. 3. The Emperor Gordian
to Donatus. If you did not denounce
anyone, you should have no fear that your reputation has been damaged,
because certain persons, with the intention of injuring you, have
called you an informer; and, furthermore, you can bring an action
for injury in the usual way against those who are ascertained to have
done anything for the purpose of reflecting upon your character. Published on the second
of the Ides of July, during the Consulate of Gordian and Aviola,
240. 4. The Emperors
Valerian, Gallienus, and the Caesar Valerian to Vindius. It is perfectly clear
that an atrocious injury has been committed, if at the time when this
was done you were in the exercise of your duty as priest, and wore
the habit and the ornaments of your profession; and therefore you
can bring a criminal prosecution in order to obtain redress. Published on the second
of . . . , during the Consulate of Aemilianus and Bassus, 260. 5. The Emperors
Diocletian and Maximian, and the Caesars, to Victorinus. If you can prove that
you did not intentionally make use of any abusive expression, the
truth of this fact will protect you from an accusation of slander.
If, however, during a quarrel, and while inflamed with anger, you
accused someone of homicide, and twelve months have elapsed since
that time, as an action for injury committed is barred by prescription
after the expiration of a year, you cannot be sued on that ground. Published on the sixth
of the Ides of July, during the Consulate of Diocletian, Consul
for the fourth time, and Maximian, Consul for the third time, 290. 6. The Same Emperors
and Caesars to Flavianus. As the justice of the
law does not permit patrons to commit injuries against their freedmen,
and you state that the heirs of your patron have injured one who received
his freedom from the defunct, the Governor of the province will see
that the insults of the heirs cease. Published on the Ides
of July, during the Consulate of Diocletian, Consul for the fourth
time, and Maximian, Consul for the third time, 290. 7. The Same Emperors
and Caesars to Potentianus. The commission of injury
gives rise to a private action, and not to a criminal prosecution. Ordered at Sirmium,
on the Ides of February, during the Consulate of the above-mentioned
Emperors. 8. The Same Emperors
and Caesars to Martian. It is established that
a master can bring suit for an atrocious injury suffered by his slave,
in accordance with the terms of the Perpetual Edict, by which it is
plainly stated that an action for damages will lie. Ordered on the fifteenth
of the Kalends of November, during the Consulate of the above-mentioned
Emperors. 9. The Same Emperors
and Caesars to Nonna. There is no doubt that
persons who, for the purpose of rendering them infamous, have stated
that the children of a certain individual were slaves, can be sued
in an action of injury. Ordered at Nicomedia,
on the sixth of the Kalends of December, during the Consulate
of the above-mentioned Emperors. 10. The Same Emperors
and Caesars to Paulus. If Zenodorus (for the
purpose of defaming her) said that your grandmother was a female slave,
belonging to the City of the Coman-.ensians, and did nothing more,
an action for injury committed can immediately be brought against
him. If, however, he persists in his assertion, you have the right
to defend yourself in court, and then, if your grandmother should
not be decided to be a slave, it is settled that you can bring your
suit* Ordered at Nicomedia,
on the fifteenth of the Kalends of January, during the Consulate
of the Caesars. 11. The Emperor
Zeno to Alexander, a Man of Illustrious Rank. When the criminal action
for the commission of injury which the ancient legal authorities included
among private offences is brought by persons of illustrious rank,
whether they hold any office or not, or by their wives, their sons,
or their daughters (of course, during the lifetime of their fathers
or husbands), or if it should be brought against any person of this
description, We decree that the said persons shall file their complaints
in writing, and solemnly observe all the other legal formalities which
are usually complied with in such cases. The illustrious accuser or
defendant, or his wife, or children of either sex shall, during the
lifetime of their parents, have the right to defend themselves, or
file the accusation in a criminal case for injury in any court having
jurisdiction, by an attorney; and the judge shall render his decision
according to law against the party who appointed the attorney, even
if he himself was not present in court, but tried the case by his
attorney, provided, however, that no one else shall be so bold as
to claim this privilege for himself, or to ask Us to grant it; but
with respect to others, the practice of the courts which has been
observed up to the present time shall prevail hereafter. Given at Constantinople, on the fifth of the Nones of November, during the Consulate of Illus, 478. Title
36. Concerning defamatory libels. If anyone should find
a defamatory libel in a house, in a public place, or anywhere else,
without knowing who placed it there, he must either
tear it up before anyone else finds it, or not mention to anyone that
he has done so. If, however, he should not immediately tear up, or
burn the paper, but should show it to others, he is notified that
he will be liable to the punishment of death as the author. Where
anyone having a view to his own duty or to the preservation of the
public safety mentions the name of the culprit, and states with his
own mouth what he thought reprehensible in the libel aforesaid, let
him be under no apprehensions, for if the truth should be established
by his assertions, he will be entitled to the greatest praise, as
well as to a reward from Us. If, however, he should not be able to
prove the truth of his statements, he shall be punished with death.
A libel of this kind does not
injure the reputation of another. Given at Constantinople, on the fourteenth of the Kalends of March, during the Consulate of Valentinian and Valens, 363. Title
37. Concerning cattle thieves. The accusation of a
cattle thief not only can be made in writing, but can also be instituted
without that formality. Given on the sixth of the Kalends of January, during the Consulate of Olybrius and Promotus, 395. Title
38. Concerning the prohibition of damaging the levees of the If anyone should hereafter,
contrary to the ancient practice observed throughout Egypt, seize
land left by the overflow of the Nile, within twelve cubits from the
bank of the said river, in violation of the peculiar and ancient customs
of that country, he shall be burned to death in the place in which
he displayed his want of reverence for antiquity, and, to a certain
extent, attacked the security of the Empire itself. His accomplices
and companions shall be sentenced to deportation, and without ever
being granted permission to obtain pardon, or recover either their
citizenship, their rank or their property. Given at Constantinople, on the tenth of the Kalends of October, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409. Title
39. Concerning those who conceal robbers or other criminals. Those who conceal persons
guilty of crime must expect the same penalty, to which they have rendered
themselves liable by having associated with them, and anyone who knowingly
harbors robbers, and neglects to give them up to justice, shall, in
the discretion of the judge, be punished corporeally, or by a pecuniary
fine, according to his rank. Published at Rome,
on the tenth of the Kalends of April, during the Consulate
of Gratian, Consul for the third time, and Equitius, 374. 2. The Emperors
Honorius and Theodosius to Palladius, Praetorian Prefect. When any robbers or
other malefactors reside or conceal themselves on the land of another,
the owner of the property (if he is present) or his agents (if he
is absent), or the persons having the control of the same, are obliged
to voluntarily deliver up the said criminals; and if they knowingly
should not do so of their own accord, they shall be notified by the
civil authorities to surrender those who are sought, in order that
they may be tried and punished according to the nature of their offences.
Where, however, the owners of
the land or their agents, or those having charge of the same, do not
promptly give them up, then the Governor of the province, having been
applied to, must take all legal measures to arrest them. When a sufficient
force cannot be obtained to do this, on account of their number, and the
above-mentioned malefactors resist the officers of the law, or otherwise
manage to avoid arrest, then the judge of the province, mindful of
his responsibility, shall ask assistance from the tribune or commanders
of the soldiers who are in the neighborhood, in order that the accused
persons, having been seized by the soldiers, may be placed in the
hands of the law, without damage or injury to anyone, and, after conviction,
may undergo suitable penalties. The
judge, however, should not forget that if he requests the aid of soldiers
against one who is innocent, or for any motive than the trial of robbers
or other dangerous persons, or subjects the people of the province
to unnecessary expense, he will be liable to the severest punishment
which Your Highness may determine to be appropriate. If the tribunes,
commanders, or other officers, who are in the neighborhood, after
having been notified by the judge, should refuse to afford assistance,
or if any injuries should be inflicted by the soldiers themselves
upon the inhabitants of the provinces, they must make good all losses
and damages, and be punished with the greatest severity besides, in
accordance with the judgment of the illustrious commander-in-chief.
The owners of the land aforesaid, or their agents, or whoever has charge
of the same, shall not go unpunished, if, being present, and aware
of the facts, they do not voluntarily surrender the guilty parties;
or, if having been notified, they delay to produce them; but the proprietor
of the land shall be deprived of his ownership of it, and the agent
or superintendent shall be sentenced to perpetual exile. When the agents themselves, the owner, or the
superintendents of the land, acknowledge that they are unable to control
the multitude of peasants and criminals aforesaid, and make this statement
openly in the tribunal of the province, the Governor shall cause military
aid to be furnished by the tribune or the other officers, if he should
ascertain that the power of the civil authorities is not sufficient;
but when, after the production of the alleged culprits, it becomes
evident that they are innocent, and have committed no crime, their
accuser will be compelled to suffer the punishment inflicted upon
calumniators, for it establishes a bad precedent to seek for robbers,
and by doing so place innocent persons in jeopardy. Given at Constantinople, on the twelfth of the Kalends of January, during the Consulate of Marinianus, and Asclepiodotus, 423. Title
40. Concerning the notification of accused persons. When anyone, who is
absent, is charged with serious crimes, sentence is not usually pronounced
against him at once, but he is notified to appear, not for the purpose
of being punished, but that an opportunity may be afforded him to
clear himself, provided he can do so. If, after having been notified, he should return within a year and clear
himself of the crime, he shall receive his property which has been
sealed by order of court. When, however, he returns within the prescribed
time after having been notified, and dies before establishing his
innocence, he will transmit his property to his heirs. Given at . . . , during
the Consulate of Tuscus and Bassus, 212. 2. The Emperor Constantine
to Januarius. Anyone who refuses
to appear in court within a year from the time that he was charged
with a crime shall have his property confiscated to the Treasury,
and if he should afterwards be found and convicted, he must be given
a more severe sentence, and even if he should prove his innocence
by clear and satisfactory evidence, his property will, nevertheless,
remain in possession of the Treasury. Given on the Ides
of January, and adopted at Corinth, on the fifth of the Kalends
of August, during the Consulate of Constantine, Consul for the
fifth time, and the Caesar Licinius, 319. 3. The Emperors
Honorius and Theodosius to Palladius, Praetorian Prefect. In cases involving
the payment of money, the Edict promulgated against a person who remains
concealed does not affect his reputation, but a criminal proceeding
brings such censure under the law that he who is accused not only
cannot transfer his estate, but his good name is also injured. Given at Ravenna, on the seventh of the Kalends of July, during the Consulate of Eustachius and Agricola, 421. Slaves should not be
subjected to torture against their masters except in cases of adultery,
accusations of fraud having reference to taxation, and the crime of
high treason, which involves the safety of the Emperor. So far as
other offences are concerned, although judges should not formulate
hurriedly a decision based on testimony given by a slave against his
master, still, if the truth is established by other testimony, an
exception cannot be pleaded. It is, however, clear that, in pecuniary
cases, slaves should be interrogated against their masters, where
other evidence is lacking. Published on the Kalends
of January, during the Consulate of Fuscus, Consul for the second
time, and Dexter, 197. 2. The Same Emperors
and Caesars to Catullus. It is unusual, and
furnishes a bad precedent, for slaves to be heard against their guardians,
or the mother of their master, unless the administration of the guardianship
is involved. Published on the third
of the Ides of September, during the Consulate of Chilo and
Libo, 205. 3. The Emperor Antoninus When Deciding a Case, Said: Slaves belonging to
another should first be interrogated under torture, when there is
sufficient evidence that a crime of such atrocity has been perpetrated;
and the woman herself may afterwards be put to the question, for it
is not inhuman for her to be tortured who destroyed her husband by
poison. Published on the seventh
of the Kalends of April, during the Consulate of Sabinus and
Anulinus, 217. 4. Extract from
a Rescript of the Emperor Antoninus. As too much reliance
should not be placed on the statements of criminals who, having been
convicted, allege that those by whom they were arrested and kept in
custody are their accomplices, so, if it is clearly proved that they
only divulged the crime committed in common for the purpose of avoiding
the penalty, they shall not escape public punishment. Published on the fifth
of the Kalends of April, during the Consulate of
Sabinus and Anulinus, 217. 5. The Emperor Alexander
to Respectus. Slaves who have obtained
their freedom by the last will of a testator should not be indiscriminately
subjected to torture, even where his death should be avenged. Published on the sixth
of the Ides of March, during the Consulate of Sabinus and Venustus,
241. 6. The Emperor Gordian
to Herodian. It was long since decided
that slaves or freedmen ought not to be tortured in cases having reference
to the domestic affairs of their owners, or patrons, as what might
be obtained by their confessions would not have the force of truth
either for or against them, in capital or pecuniary cases. Published on the seventh
of the Ides of May, during the Consulate of
Sabinus and Venustus, 241. 7. The Emperors
Diocletian and Maximian to Urbana. If the slaves have
been proved without doubt to belong to you, We do not permit them
to be put to torture, even though you suggest that this be done; and,
so far from doing so, We are unwilling that they should be compelled
to violate their fidelity to their mistress, even against your consent. Published on the Kalends
of November, during the Consulate of Maximus, Consul for the second
time, and Aquilinus, 286. 8. The Same Emperors and Caesars to Sallust, Governor. We do not permit soldiers
to be subjected to torture, or to the penalties imposed upon plebeians
in criminal cases, even when it appears
that they have been dismissed from the service without the privileges
of veterans, with the exception of those who have been dishonorably
discharged. This rule shall also be observed with reference to the
sons of soldiers and veterans. In
the prosecution of public crimes, judges should not begin the investigation
by resorting to torture, but should first avail themselves of all
accessible and probable evidence. If, after having obtained information
relative to the crime, they think that torture should be applied for
the purpose of ascertaining the truth, they only ought to resort to
it where the rank of the persons involved justifies such a course;
for, by the terms of this law, all the inhabitants of the provinces
have a right to the benefit of the natural benevolence which We entertain
for them. Without date or designation
of Consulate. 9. The Same Emperors
and Caesars to Our Beloved Governor of Syria. In the investigation
of the question of free birth, every form of interrogation and torture
should be resorted to in order that persons of low and debased origin
may not venture to claim for themselves a position among those who
are distinguished and freeborn, and that the succession to which the
latter are entitled may not through a fraudulent assumption be denied
to them. Given on the sixth
of the Ides of May, during the Consulate of Diocletian, Consul
for the fourth time, and Maximian, Consul for the third time, 290. 10. The Same Emperors
and Caesars to Ptolemeus. As you allege that
the will is forged, the slaves forming part of the estate may, under
the Constitutions of the Emperors, be put to torture, even though
they were granted freedom by the person who asserts that he is the
heir. Published on the sixth
of the Kalends of September, during the Consulate of Diocletian,
Consul for the fourth time, and Maximian, Consul for the third time,
290. 11. The Same Emperors
and Caesars to Boethus. It was decided by the
Divine Marcus that the descendants of men who are designated "Most
Eminent and most Perfect," to the degree of great-grandchildren,
shall not be subject either to the penalties or the tortures inflicted
upon plebeians, if no stigma of violated honor attached to those of
a nearer degree, through whom this privilege was transmitted to their
descendants. The learned jurist Domitius Ulpianus, in his works
treating of public law, states for the knowledge and information of
future ages that this rule shall also be observed with reference to
decurions and their children. Published on the fifth
of the Kalends of December, during the Consulate of Diocletian,
Consul for the fourth time, and Maximian, Consul for the third time,
291. 12. The Same Emperors
and Caesars to Asper. Whenever the ownership
of slaves is involved, and the truth cannot be ascertained by other
evidence, eminent legal authorities hold that the slaves themselves
can be interrogated under torture. Published at Sirmium,
on the third of the Ides of May, during the Consulate of Tiberianus
and Dio. 13. The Same Emperors
and Caesars to Philippa. It can be of no advantage
to you for the slaves forming part of the estate to be tortured in
the case in question, as the ownership of the same is not in dispute;
for where it is uncertain who is entitled to it, it is but reasonable
that, in order to ascertain the truth, the slaves belonging to the
estate should be subjected to torture; but, as you assert that the
slave is common property, you should entertain no doubt that half
of him belongs to the person against whom you desire the said slave
to be interrogated. This fact presents an obstacle to the application
of torture, as slaves of two joint-owners cannot be put to the question
and interrogated against either of them, except where one is said
to have killed the other. Ordered at Heraclia,
on the third of the Kalends of May, during the Consulate of
the above-mentioned Emperors. 14. The Same Emperors
and Caesars to Constantine. It is settled that
slaves cannot be tortured any more in favor of their masters, to whom
they now belong, than in favor of those who formerly owned them. Ordered on the eighth
of the Ides of April, during the Consulate of
the Caesars. 15. The Same Emperors
and Caesars to Maximus. There is no doubt that
slaves can be put to torture on account of acts committed by them,
not only in criminal cases, but also in those involving the payment
of money, where property is entrusted to them for deposit or loan,
or for other purposes authorized by law. Ordered on the fifth
of the Ides of April, during the Consulate of the Caesars. 16. The Emperors
Valentinian, Valens, and Gratian to Antonius, Praetorian Prefect of
the Gauls. We desire decurions
to be absolutely exempt from the suffering inflicted by instruments
of torture, not only with reference to the debts of others, but also
on account of their own. If any magistrate should attempt to insult
the Order of Decurions in this manner, he shall be put to death. This
severe proceeding shall only be permitted in the case of persons belonging
to this municipal order, who are accused of high treason, and who
are either accomplices or principals in this infamous
crime. Given on the fifteenth
of the Kalends of October, during the Con-pulate of Valens,
Consul for the fifth time, and Valentinian, 376. 17. The Emperors
Arcadius and Honorius to Messala, Praetorian Prefect. Let every magistrate
understand that he cannot, when inflamed with resentment, deviate
from the course of justice; nor, if influenced by bribery, inflict
corporeal injury by torturing persons who are innocent, or Of exalted
rank; as the devotion manifested by such persons through long service
and arduous labors entitles them to this privilege. The same rule applies
where anyone has retired from the office of decurion, for, on account
of his former, position, he must not be subjected to torture. Given on the twelfth
of the Kalends of September, during the Consulate of Theodore,
299. 18. The Emperor
Justinian to Demosthenes, Praetorian Prefect. So far as the torture
of slaves belonging to an estate is concerned, We order that, in accordance
with former laws and constitutions, no distinction shall be made,
whether a question has arisen among the heirs as to the title to the
entire estate, or only to a portion of the same, or to both; for the
slaves can only be interrogated concerning certain property of the
estate, and those alone shall be liable to torture who had charge
of its administration, whether they were left in servitude, or were
directed to obtain their freedom by the last will of the testator,
so that any property belonging to the estate which may have been concealed
can be discovered. Before this is done, however, he who demands the
torture of the slaves must take the oath prescribed by Us in such
cases. Given on the fifteenth of the Kalends of October, at Chalcedon, during the Consulate of Decius, 529. Title
42. Concerning
abolition If the Governor of
the province should ascertain that the abolition obtained by the accused
includes all the crimes with which he was charged, his authority will
be interposed to prevent what has once been terminated from being
renewed. Although prosecution of the crime may have ceased on account
of the above-mentioned abolition, still the latter can be revoked
by the same person at whose request it was obtained. Published on the fifteenth
of the Kalends of December, during the Consulate of Diocletian,
Consul for the third time, and Maximian, 287. 2. The Emperor Constantine
to Januarius, Praetorian Prefect. Abolition ought to
be requested in the presence of both parties in a case where a competent
judge, and not the Emperor, has jurisdiction; that is to say, when
anyone admits that he brought the charge either through mistake, rashly,
or in the heat of anger, for an accuser who makes an explanation of
this kind affords good ground for abolition. Where,
however, the accuser, either through fraud, or having been corrupted
by the money of the defendant, requests the dismissal of the case,
the voice of purchased commiseration shall not be heard, but trial
of the guilty party shall proceed, and the proper penalty be imposed.
Persons who protect themselves and their families from injury, by
accusing their own relatives, are by no means prohibited from asking
that the prosecutions which they have instituted be abandoned. Given on the sixteenth
of the Kalends of December, during the Consulate of Constantine,
Consul for the fifth time, and Licinius, 319. 3. The Emperors
Gratian, Valentinian, and Theodosius to Florus, Praetorian Prefect. Permission to dismiss
a criminal charge, which has been wrongfully brought by the accusers,
shall not be granted. If, however, anyone should inaugurate a prosecution
in good faith, and the defendant sustain some injury on account of
the written accusation, that is to say, if he should be imprisoned,
or subjected to torture or scourging, or placed in chains, abolition
shall not be granted, unless he who suffered the wrong consents for
this to be done. But when the defendant did not suffer anything
of this kind, and was afterwards delivered up to the officers of justice
for safe custody, the accuser will be permitted to apply for a dismissal
of the case within thirty days, even against the wishes of the defendant;
but We decree that such permission shall not be granted after this
time, unless the defendant gives his consent. If any freeborn persons,
although of plebeian origin, who were not accomplices and participants
in the crime, should, for the purpose of obtaining evidence, have
been subjected to scourging and torture, We order that the judge shall
refuse to dismiss the case, even at the request of both parties, and
that the trial, in which torture was applied, shall proceed.
Even though it may not have been inflicted upon
the witnesses, absolution shall not be granted for certain crimes
(such as in high treason, rebellion, treachery, embezzlement, violation
of oaths, and all the other offences included in the ancient law)
in which a judge should require the accuser not only to prove what he alleges, but the defendant,
who denies the charge, to clear himself, if he can do so. Given on the day before the Ides of October, during the Consulate of our Prince Valentinian, and Victor, 369. Title
43. Concerning general abolition. Anyone who, having
the power to bring a criminal accusation, after a general amnesty
of all criminals has been proclaimed in the usual manner, neglects
to prosecute within the time specified by the Edict, shall not be
heard. Published on the eighth
of the Kalends of May, during the Consulate of Laetus, Consul
for the second time, and Cerealis, 216. 2. The Emperors
Diocletian and Maximian to Paulinus. As the accusation was
not brought by you at the time when Our indulgence pardoned all crimes,
the prescription based upon public amnesty does not apply. Published on the sixth
of the Ides of February, during the Consulate of Maximus, Consul
for the second time, and Aquilinus, 286. 3. The Emperors
Valentinian, Valens, and Gratian to the Senate. Conscript Fathers,
pardon brands with infamy those whom it liberates, for it does not
remove the disgrace of the crime, but merely dispenses with the punishment. Given on the fourteenth of the Kalends of June, during the Consulate of Gratian, Consul for the second time, and Probus, 371. Title
44. Criminal proceedings should be terminated within a certain time. If any accuser should,
in writing, denounce a defendant in court, and fail to proceed with
the accusation, which he began, within the time prescribed by law,
or should not appear upon the last day, which is an act of contumacy,
he shall be fined the fourth part of all his property, and shall undergo
the legal penalties, in addition to the infamy ordered by the ancient
laws. Given on the fourth
of the Ides of July, during the Consulate of Arcadius and Bauto,
385. 2. The Emperors
Honorius and Theodosius to Cecilianus, Praetorian Prefect. All judges, no matter
what offices they hold, or over what tribunals they preside, are notified
that necessary delays must not be refused to either
of the parties in criminal cases (if they are requested), that is
to say, after a written information has been filed; but the trial
should take place within a certain time, and if this has elapsed,
the accuser who failed to prosecute the case shall suffer the punishment
prescribed by the laws. If he is a person of such inferior rank that
he will sustain no damage by the loss of his reputation, he shall
be subjected to the penalty of exile, unless the case is dismissed
by the consent of both parties within the time established by law.
Moreover, the diligence of judges should be such
that no good reason can arise for either the defendant or the prosecutor
to ask for delay, and they should press the hearing of cases of this
kind without expecting a continuance. Given at Ravenna, on
the twelfth of the Kalends of February, during the Consulate
of Honorius, Consul for the eighth time, and Theodosius, Consul for
the third time, 409. 3. The Emperor Justinian
to Menna, Praetorian Prefect. We decree that criminal
cases shall, by all means, be terminated within two years from the
time when issue was joined, nor shall this period be extended under
any pretext; but, after the two years have elapsed, the case shall
not proceed further but the accused shall be discharged. Judges and
their subordinate officials are hereby notified that if, at the request
of litigants, they should delay the examination or trial of a case
beyond the time aforesaid, they must pay a fine of twenty pounds of
gold. Given on the Kalends of April . . . . Title
45. On the Turpillian Decree of the Senate. He is held to be liable
to the penalty imposed by the Decree of the Senate who, after having
denounced a public crime, and begun the prosecution of the same, that
is to say, filed a written accusation, furnished a surety, and, caused
the arrest of the accused and his delivery into custody, abandons
the case without having previously caused it to be dismissed. 2. The Emperor Gordian
to Apius. If you became surety
for someone who had brought a criminal accusation in writing, and
afterwards desisted from the prosecution, and you bound yourself by
a stipulation, you will not be liable for any sum above that specified
in the contract. He, however, who failed to prosecute shall be branded
with infamy, and severely punished by the judicial authorities. 3. The Emperors Valerian and Gattienus to Syllanus. Although the written
instrument in question contained the provision that abolition of the
crime should first be demanded, and that afterwards
the accused would comply with everything mentioned therein, and your
adversary failed to keep the promises which he made to you, you cannot
renew the accusation from which you yourself desisted. Published on the day
before the Nones of July, during the Consulate of Tuscus and
Bassus, 259. 4. The Same Emperors
to Patrophilus. If the person against
whom you petition has renewed an accusation against your parents,
which you allege he had abandoned, an exception on this ground can
be pleaded against him in the tribunal of the Governor. Published on the day
before the Nones of May, during the Consulate of Secularus
and Donatus, 261. 5. The Emperors
Diocletian and Maximian to Matrona. When a woman prosecutes
anyone for an injury committed against her or her relatives, and afterwards
acknowledges that she desisted under an agreement contrary to the
ancient laws, it is a positive rule of law that she has incurred the
penalty imposed by the Turpillian Decree of the Senate. Given on the seventh
of the Nones of April, during the Consulate of the Caesars. 6. The Same Emperors
to Lucilius. In criminal prosecutions,
those are considered to have desisted who have abandoned the case
without the intention of renewing the accusation. Therefore, as your
petition states that your ignorance was one of the reasons why you
did not prosecute the case to the end, you can, without any apprehension
of hindrance on account of the short interruption which took place,
proceed with the accusation according to law and bring it to a termination,
after having proved what is required of you. Published on the third of the Kalends of July, during the Consulate of Diocletian, Consul for the sixth time, and Maximian, 296. Title
46. Concerning
calumniators. An accusation of calumny
should be prosecuted from the time the charge was heard in the presence
of the accuser, and therefore, the case having been decided, it is
contrary to the ordinary practice for you to demand that your accuser
be punished for calumny. 2. The Same Emperor
to Apollonia. A mother is included
among those persons who, without the fear of calumny, can avenge the
death of her son, and the benefit of the Decree of the Senate is also
granted her in other prosecutions. A foreign heir, who prosecutes anyone on account
of suspicions entertained by the deceased with reference to his death,
is released from liability for calumny on this account, as a great
difference exists between a voluntary accusation and that required
of the heir on account of his position. Published on the sixth
of the Kalends of July, during the Consulate of Julian and
Crispus, 226. 3. The Same Emperor
to Aemilius. When anyone who is
unable to prove the accusation of crime which he brought is not convicted
of calumny, he will sustain no loss of reputation ; for if the defendant
should be acquitted, the accuser ought not to be considered a calumniator
merely on that account, if he had good reason for bringing the charge. 4. The Emperors
Carus, Carinus, and Numerianus to Arcadius. The penalty of calumny
cannot be inflicted on account of an accusation brought to avenge
the death of a father. Published on the eleventh
of the Kalends of December, during the Consulate of Carus and
Carinus, 283. 5. The Emperors
Diocletian and Maximian to Caesius. Persons can only be
convicted of calumny who prosecute criminal cases, and not those who
institute legal proceedings involving freedom, and which also include
private matters that are the subject of controversy. 6. The Same Emperors
to Domitius. The penalty of double
damages is provided by the Julian Law in favor of the owners of slaves,
where the latter have been subjected to torture by the false denunciation
of an accuser. Ordered on the fifteenth
. . . . 7. The Emperors
Valentinian and Valens to Valerius. Your Excellency should
not order anyone to be brought before your tribunal for examination
unless the accuser has previously complied with all the legal formalities
required; as, according to the provisions of the ancient laws, when
an accusation is brought, the defendant shall be punished if it is
proved; and where the accuser fails to establish the charge, he himself
must suffer the penalty. Given on the sixth
of the Kalends of December, during the Consulate of Gratian
and Gadalaifus. 8. The Emperors
Gratian, Valentinian, and Theodosius to Menandrius, Vicegerent of
Asia. It is stated both in
Our Constitutions and in those of Our predecessors that persons who
bring accusations in the names of others shall be classed as informers.
Hence if the accusation is known to be false, the penalty of infamy
will be imposed upon him whose charge was not proved in court; wherefore, all persons are notified that they will
not be permitted to bring to the attention of judges criminal accusations
which cannot be established. Given at Constantinople,
on the eighth of the Ides of May, during the Consulate of Arcadius
and Bauto, 385. 9. The Same Emperors
to Florus, Praetorian Prefect. No legal pretext advanced
by way of excuse will be of any advantage to a man who brings a false
accusation, especially after the defendant has been produced in court,
nor will any public or private abolition profit, or be of any advantage
to such a person, nor will any special indulgence or general privilege
release him from liability. Given at Constantinople,
on the fifteenth of the Kalends of June, during the Consulate
of Antonius and Syagrius, 382. 10. The Emperors
Honorius and Theodosius to the Praetors, the Tribunes of the People,
and the Senate, Greeting: Anyone who brings a
criminal accusation is informed that if it should prove to be false
he will not go unpunished, as those who are guilty of calumny will
be liable to the same penalty as the accused persons, had they been
convicted. Given on the eighth of the Ides of August, during the Consulate of the above-mentioned Emperors. Title
47. Concerning
punishments. The condition of persons
condemned to hard labor for life is not different from that of those
who have been sentenced to deportation to an island. Without date or designation
of Consulate. 2. The Emperor Antoninus
to Valerius. My Attorney, who was
not acting as Governor, could not inflict upon you the penalty of
exile, and therefore you need have no apprehension of his sentence,
as it was not in conformity to law. 3. The Same Emperor
to the Senate. It is clear that a
decurion cannot be sentenced to labor on the public works. 4. The Same Emperor
to Marina. If the child mentioned
by you in your application was conceived before his mother was sentenced
to the mines, his condition after his birth will be that of his mother
before her conviction. 5. The Same Emperor
to the Senate. It is one of the privileges
of veterans that their children, as far as the first degree, cannot
be sentenced to the mines or the public works, but must be relegated
to an island. 6. The Same Emperor
to Alphius. Your statement that
a freeman has been condemned to imprisonment in chains for life is
incredible, for this penalty can scarcely be imposed upon a person
of servile condition. Published on the third
of the Ides of February, during the Consulate of Messala and
Sabinus, 215. 7. The Emperor Alexander
to Isidore. Immunity for the commission
of crime is not conceded on account of age, when anyone is capable
of perpetrating the crime of which he is accused. 8. The Same Emperor
to Victor. The property of persons
who have been deported to an island by a judge having proper jurisdiction
shall be confiscated to the Treasury, but that of those who have been
relegated shall not be confiscated, unless this is expressly included
in the sentence. 9. The Same Emperor
to Demetrius. If it should be proved
that your mother was the daughter of a decurion, it is apparent that
she cannot be condemned to work for persons employed in the mines,
or to the mines themselves. 10. The Same Emperor
to Catullus. Where a slave has been
sentenced by the Governor of a province to the penalty of confinement
in chains, without prescribing any time when he shall be returned
to his master, he should be kept in chains for life. 11. The Emperor
Gordian to Titian. The punishment of performing
menial services for persons employed in the mines can be inflicted
upon free men and women, as well as upon those in a servile condition. 12. The Emperors
Diocletian and Maximian Stated in the Consistory : "The sons of decurions
should not be thrown to wild beasts." When, on hearing this,
the people cried out, the Emperors added: "No attention should
be paid to the vain remonstrances of the populace; for they should
not be believed, either when they desire a criminal to be pardoned,
or an innocent person to be condemned." 13. The Same Emperor
to Ursinus. After a slave has been
convicted, if his master has not been deprived of his ownership by
the sentence, he has a right to demand his services. 14. The Same Emperors
and Caesars to Vicarius. If the time designated
in a sentence of labor oh the public works has not yet expired, it
is proper to wait until it has elapsed; as it is to the public interest
for a penalty not to be hastily remitted, lest someone may, for this
reason, rashly commit crime. 15. The Same Emperors
and Caesars to Agathus. It is not lawful to
revoke the penalty imposed by a sentence of the Governor of a province. 16. The Emperor
Constantine to Catulinus, Proconsul of Africa. Let the judge about
to pass sentence exercise moderation, so that before imposing a capital
penalty upon anyone, as in the case of adultery, homicide, or witchcraft,
the accused may be convicted either by his own confession, or by the
positive statements of persons subjected to torture, or interrogated;
so that there may be a general agreement of the testimony with reference
to his guilt, and he may be implicated to such an extent that it will
scarcely be necessary for him who committed the crime to deny it. Given on the third
of the Nones of November, during the Consulate of Volusianus
and Annianus, 314. 17. The Same Emperor
to Eumelius. Where anyone has been
condemned to the mines for a criminal offence, he shall not be branded
upon the face, as this part of his sentence can be impressed upon
his hand, or the calf of his leg by a single mark; and his face, which
has been formed in the image of celestial beauty, shall not suffer
disfigurement. Given on the twelfth
of the Kalends of April, during the fourth Consulate of Constantine
and Licinius, 315. 18. The Emperor
Constantius to Theodore, Governor of Arabia. As a certain time was
granted the defendants, who were convicted by clear evidence, before
sentence was passed, the right of petitioning the Emperor as well
as the opportunity of evading the penalties incurred by their criminal
acts was afforded them; and, as in the crime of homicide and other
serious offences punishment should not be deferred, the laws having
reference to crime must hereafter be observed, and convicted criminals
and malefactors be sentenced without delay. Given on the Ides
of October, during the Consulate of Constantius. Consul for the
fourth time, and Constans, 343. 19. The Emperors
Valentinian and Valens to Olybrius, Prefect of the City. Let no one, by way
of punishment for crime, be transferred from one guild to another,
if he is a member of any, but every culprit shall experience the severity
of the law prescribed for the crime of which he was convicted. Given on the third
of the Ides of April, during the Consulate of Valentinian,
365. 20. The Emperors
Gratian, Valentinian, and Theodosius to Flavian, Praetorian Prefect
of Illyria and Italy. If, having in view
the circumstances of the case, We, contrary to Our custom, should
order any persons to be punished with exemplary severity, We are not
willing for the guilty parties to suffer the penalty immediately,
or the sentence to be executed without delay; but desire that their
fate and fortune shall remain in suspense for the term of thirty days. The defendants, however,
must be placed in safe custody, and vigilantly guarded during the
time aforesaid. Given at Verona, on
the fifth of the Kalends of September, during the Consulate
of Antonius and Syagrius, 382. 21. The Emperors
Valentinian, Theodosius, and Arcadius to Principius, Praetorian Prefect. In order that the depraved
and venal perfidy of court attendants may not hereafter be exercised
with impunity contrary to the public welfare, We decree that legal
penalties can be pronounced against them even during their absence. Given on the Kalends
of June, during the Consulate of Arcadius and Bauto, 385. 22. The Emperors
Arcadius and Honorius to Eutychianus, Praetorian Prefect. We order that punishment
shall be inflicted only upon those who are liable to it, and We exclude
all relatives, acquaintances, and companions from the imputation of
calumny, as association with criminals does not necessarily render
them guilty, and neither affinity nor friendship presumes implication
in crime. Therefore, let each one be responsible for the offences
which he himself commits, and let the fear of punishment go no further
than the detection of guilt. This
law shall be communicated to all judges. Given at Constantinople,
on the eighth of the Kalends of August, during the Consulate
of Eutropius and Theodore, 399. 23. The Emperors
Honorius and Theodosius to Anthemius, Praetorian Prefect. We decree that all
those whom the terms of their sentences have condemned to exile, and
who have served the designated time in prison, shall at once be liberated
from custody, and released from their chains, as they have paid the penalty, and need
not apprehend the wretchedness of exile. It will be sufficient for
them to have undergone such severe punishment, nor shall those who
have been long deprived of the common blessings of air and light,
and for an extended period have been oppressed with heavy chains,
be compelled to suffer the penalty of exile in addition. Given on the fourteenth
of the Kalends of May, during the Consulate of Constantius
and Constans, 414. 24. The Same Emperors
to Monachius, Praetorian Prefect. We order all Governors
of provinces to see that persons who have been condemned to undergo
the penalty of exile for a certain time, shall, as soon as that time
has expired, be no longer confined in prison, or kept under restraint
in the places to which they were exiled. Given at Eudoxiopolis,
on the third of the Kalends of September, during the Consulate
of Our Lord the Emperor Theodosius, Consul for the seventh time, and
Balladius, 416. 25. The Same Emperors
to Monaxius, Praetorian Prefect. We decree that those
who instruct barbarians how to build ships, when the latter were previously
ignorant of the art, shall be put to death. Given at Constantinople, on the eighth of the Kalends of October, during the Consulate of Monaxius and Pinta, 419. Title
48. Certain judges shall not be permitted to confiscate property without
the order of the Emperor. No judge (with the
exception of those of the highest rank) shall be permitted, during
times of prescription, to confiscate the entire property of anyone,
unless he has first made application to Us to do so. Given at Constantinople, on the tenth of the Kalends of February, during the Consulate of Theodosius, Consul for the eleventh time, and the Caesar Valentinian, 425. Title
49. Concerning the property of those who have been proscribed or condemned. It is well known that
masters are not deprived of the peculium of any of their slaves
who have been convicted of a capital crime, but a master shall receive
whatever he can prove belonged to his slave, and the price of the
property, if any has been sold by him; and power is also granted to suspend sentence until the
accounts of his administration have been rendered by the slave, and
the disposition of the property explained. The master should, however,
remember that this must be done quickly in order that the slave may
be delivered up to punishment. 2. The Emperor Alexander
to Fronto. Persons sentenced to
deportation do not transmit to their heirs any property which they
may have acquired after their conviction; but this, as well as what
they previously possessed, shall be confiscated. 3. The Same Emperor
to Julianus. If your son, while
under your control, was sentenced to deportation to an island, you
will not be deprived of his peculium, which he obtained in
military service, or which you gave him while in the army. Published on the sixth
of the Ides of September, during the Consulate of Alexander,
Consul for the second time, and Marcellus, 227. 4. The Emperor Gordian
to Callimorphus. Anyone who is condemned
to the mines becomes a penal slave, hence the property of him upon
whom a sentence of this kind has been imposed is confiscated to the
Treasury. Therefore, if you allege that he who was afterwards pardoned
by Us had any property, it will belong to the Treasury rather than
to him who was sentenced. 5. The Emperor Philip
to Arrian. If (as you allege)
the property of him who administered your guardianship and was sentenced
has been confiscated to the Treasury, apply to Our Attorney who, if
he ascertains that you are legally entitled to anything, will not
refuse it. 6. The Emperors Diocletian and Maximian to Gaudentius. It is a positive rule
of law that children are entitled to none of the property of their
mother, who has been condemned to deportation. 7. The Emperors
Valentinian, Valens, and Gratian to Probus, Praetorian Prefect. If anyone in a province
should incur the penalty of proscription, on account of the nature
of his crime, a complete inventory of his property must be carefully
made by the proper authority, to prevent anything from being abstracted
through favor of collusion; and a full description must be given of
the extent and character of the land, and what proportion of it is
tilled, or unimproved, how much of it is susceptible of cultivation,
and how much in vineyards, olive orchards, pasture, and timber.
There should also be included
a statement of the advantages and beauty of the property, as well
as the decorations of the buildings, and how many slaves are used
in the cultivation of the land, whether they
are from the city or the country, and in what occupations they are
engaged. It should also be stated how many collectors there are, as
well as the number of tenants and oxen employed in the tillage of
the soil; the number of cattle and sheep, and the kinds of each; the
quantity of gold, silver, clothing, jewels; and whether the metal
is coined, or in bulk; and the designation of the various coins, as
well as the amount of property deposited in storehouses. After everything
that you perceive that We desire has been entered in the inventory,
it should be delivered to the Steward of Our Private Affairs, or to
the officials of the Palace appointed for this purpose, in order that
it may become part of the property of the Crown. Moreover,
an account of everything specified and separately enumerated should
be sent to Us, under seal of the judge, and there is no doubt that
if he should be guilty of negligence in this respect he must be fined.
If, after the examination made by the aforesaid official and reported
to the Steward of Our Private Affairs, to whom the inventory should
be sent, it should be found that something had been fraudulently omitted
from the list, the said official shall be punished by being compelled
to pay the amount which has been fraudulently suppressed, out of his
own property. Given on the third
of the Nones of May, during the Consulate of the Noble Prince
Valentinian and Victor, 369. 8. The Emperors
Gratian, Valentinian, and Theodosius to Eutropius, Praetorian Prefect. When a person sentenced
to deportation has sons, some of whom are emancipated and some are
not, the portion of his estate to which his children are entitled
shall be transferred only to those under his control, if those who
have been emancipated think that, by relinquishing what they obtained
at the time when this occurred, they will sustain loss. If, however,
they should prefer that a merger of property and donations should
take place, everything which the Treasury grants to the children of
a condemned criminal shall be equally divided among them. This rule shall also be observed with reference
to the dowry of a daughter, or a granddaughter by the son of a person
condemned to deportation. Given at Thessalonica,
on the fifteenth of the Kalends of July, during the Consulate
of Gratian, Consul for the fifth time, and Theodosius, 380. 9. The Emperors
Arcadius and Honorius to Caesarius, Praetorian Prefect. When anyone is sentenced
to deportation, his wife can claim her own property, no matter how
she may have acquired it, and even if it has already been seized,
or taken possession of in any way, she will be entitled to receive
it at once. Her dowry, also, if it can be proved that she actually
gave it to her husband (but not what is sometimes inserted without
effect in dotal instruments) shall be delivered to her. Again,
anything which she received by way of donation from her husband before
marriage, or which came into her hands during marriage, through the
generosity of her husband, before his conviction, will undoubtedly
belong to her. (1) Moreover, if it
should appear clearly that any property had been given by a father
to his emancipated children, before the commission of the crime and
his conviction, it shall be reserved for them unimpaired, and without
controversy. Anything, however, which neither the wife nor the emancipated
children can legally claim, I decree shall be seized by the public
authorities, and confiscated, and a report made to Me stating whether
the condemned person has any children; and it should also be added
whether they claimed anything for themselves on the ground of a donation. (2) With regard to
those who are indebted to the Treasury, and have been proscribed and
condemned on this account, it has been decided that where the wife
has any property of her own, or any which was given to her by her
husband before he committed the act on account of which the prosecution
for fraud was instituted, and if anything was afterwards donated to
his emancipated sons, before the perpetration of the crime, it shall
remain intact in the hands of those who received it; and no one shall,
under any circumstances, be held liable to the Treasury, except for
what the convicted criminal himself owned when he contracted the obligation
to the Treasury, or what he purchased in his own name, or in that
of his wife, his children, or anyone else. Those,
however, are only excepted who have performed the duties of Caesarians
or Catholici, who are excluded from every privilege until their accounts
have been approved and accepted by Me, and they shall then have the
right to transmit any of their property which is clear of encumbrance. Given at Constantinople,
on the third of the Nones of August, during the Consulate of
Arcadius, Consul for the fourth time, and Honorius, Consul for the
third time, 396. 10. The Emperors
Theodosius and Valentinian to Hierius, Praetorian Prefect. When anyone is convicted
of a crime and sentenced to death or deportation, his property shall
be confiscated to the Treasury, if he dies without issue. When, however,
he is survived by sons or daughters, or grandchildren by his sons,
after half of his estate has been confiscated to the Treasury, the
remainder shall be reserved for them. The
same rule applies if he should leave posthumous children. If he who
incurred this penalty was a decurion, and had no children, his curia
shall succeed to him, and will be entitled to his entire estate,
and can itself either hold it or transfer it to another, who shall
discharge the official duties of the deceased at his own risk.
If, however, the decurion had sons, even though
they were not yet born, they will be entitled to the entire estate
of their father. If there are any daughters, they will have a right
to half of the estate, and the curia to the other half. When
there are both sons and daughters, half of the estate shall be given
to the sons, in the name of the curia, and the other half,
which the indulgence of the Emperor has assigned to all in common,
shall be divided equally among the children, except in cases of high
treason, for, under such circumstances, anyone who was guilty of such
an atrocious crime shall justly transmit his penalty to his posterity. Given at Constantinople, on the tenth of the Kalends of February, during the Consulate of Our Lord Theodosius, Consul for the twelfth time, and Valentinian, Consul for the second time, 426. Title
50. Concerning the property of those who commit suicide. The property of those
who, having ascertained that their crime has been discovered, through
fear of a future sentence, lay violent hands upon themselves, shall
be confiscated to the Treasury. Therefore, if if should be proved
that your brother or your father, having committed no offence, but
on account of corporeal suffering, weariness of life, a sudden attack
of rage or insanity, or for any other reason, put an end to his life,
his property shall belong to his heirs, whether he left a will, or
died intestate. 2. The Emperor Alexander
to Rusticus. The estates of those who, after having been accused of crime, commit suicide — if the accusation is not for treason, and they did not kill themselves through fear of its results — are transmitted to their heirs. Title
51. Concerning those who have served their sentences and been pardoned. When the Emperor, having
bidden farewell to the illustrious Praetorian Prefects Gentian, Adventus,
and Opilius-Macrinus, and to his friends and principal officers both
civil and military, was about to depart, Julianus Licinianus, who
had been sentenced to deportation to an island, was presented to him
by Opilius-Ulpianus, at that time Lieutenant of the Emperor, and Antoninus
Augustus said to him: "I restore you to your province with all
your rights," and added, "Moreover, that you may know what
it means to be restored to all your rights, I hereby reinstate you
in your offices, your rank, and all your other privileges." 2. The Same Emperor
to Quietus. If, as you allege,
your father has been sentenced to the mines, it is only right that
his property should be confiscated to the Treasury; and if, through
My clemency he has been released only from the penalty, he did not,
for this reason, obtain the restitution of his property, unless this
favor was especially granted him. 3. The Emperor Alexander
to Stratonicus. If the debtor underwent
the penalty to which he was sentenced, and his property was taken
from him, even though he afterwards recovered his Roman citizenship,
he did not obtain his entire property, but only a portion of the same
through the favor of the Emperor; and he is released from the obligation of the payment of the entire indebtedness
contracted before his conviction, but will only be liable in proportion
to the amount which he recovered. If, however, his property was confiscated
to the Treasury, on account of the money which he owed it, he and
his sureties will remain liable to his creditors for his debts. 4. The Same Emperor
to Valentina. The guardian of your
children, Praetorian possession of whose estates you say that you
have received, having been condemned to the mines, and afterwards
having returned under a general amnesty, although he has. become more
wealthy, will not be liable to you in an action for the administration
of guardianship; unless by the terms of his pardon he was expressly
restored to his former condition, and the possession of all his property. 5. The Same Emperor
to Julianus. Although, after having
been deported to an island and your property confiscated, you may
have returned under the general amnesty, still, any rights of action
to which you are entitled belong to the Treasury; and hence your demand
that actions may be granted in your favor against the heirs of your
guardian is contrary to law. 6. The Emperor Gordian
to Fabianus, Praetorian Prefect. As your son has been
deported to an island, he was, for this reason, released from paternal
control; and if (as you allege) he afterwards returned to his country
and was restored to his former rank through the clemency of the Divine
Alexander, paternal authority is not considered to have been re-established
over him. 7. The Emperor Philip
to Cassius. Our general amnesty
permitted all exiled or deported persons to return, but did not restore
to them the offices of which they were deprived, nor did they recover
their reputations intact and unimpaired. 8. The Emperors
Valerian and Gallienus to Seleucius. You are mistaken if
you think that you still have any rights over your slave, who was
condemned to the mines, and afterwards pardoned, for it has not been
decided that by an act of indulgence of this kind the former ownership
of a master is restored. The Governor of the province, however, will
see that you do not suffer any injury from the slave; and if he has
any of your property in his possession, the Attorney of the Crown
will decide the dispute between you, for the slave belongs to the
Treasury. 9. The Emperors
Diocletian and Maximian to Restitutus. If your father, after
having been deported to an island, was restored to his country by
a general amnesty, and did not expressly obtain the privilege of having
his children again placed under his control, there is no doubt that
the estate obtained by you is not acquired for his benefit, as the
sentence passed upon him rendered you the head of the family. 10. The Same Emperors
and Caesars to Demetrius. As you return to your
home by virtue of Our clemency, you need not apprehend that you will
be subjected to prosecution by the Governor of the province, whose
annotation has already been annulled. 11. The Same Emperors
and Caesars to Philip. The fact that he who
brought an action with reference to a tract of land was through Our
benevolence restored to his country and the possession of his property,
after having been sentenced to deportation, does not alter the former
condition of the case. 12. The Same Emperors
and Caesars to Trypho, Praetorian Prefect. Where a person condemned
to deportation was pardoned by Us, and recovered his property, he
cannot protect himself against his creditors, and avoid paying his
legal debts under the pretext of having paid the penalty of his crime. 13. The Emperor
Constantine to Maximus, Prefect of the City. With reference to the
will which the son of a man who was deported made during the lifetime
of his father, We, rejecting the opinions of Ulpianus and Paulus,
have adopted that of Papinianus, namely, that the son is again placed
under the control of his father, to whom his rank and property have
been restored. (1) Nevertheless, any
transactions entered into by the son shall be considered valid, if
he had reached lawful age; and, after he has been restored to paternal
authority, they should not be rescinded, as it would be absurd for
anyone at the same time to be neither under the control of his father,
nor his own master. (2) Minors are forbidden
by law to transact any business. If, after the condemnation of their
father, a guardian should be appointed for them, he must relinquish
his office as soon as the former returns, as he should not only nominally
return, but must also discharge his paternal duty, and see that his
children are not corrupted, and that their property is cared for and
increased. For if he abuses his authority to the extent of destroying
or wasting the property of his children, the latter should be treated
in the same manner as insane or demented persons, or spendthrifts,
or those given to all lusts and vices, to whom money ought not to
be entrusted; and such a father should be removed from the administration,
and not only cease to be guardian, but must, out of his own property,
indemnify the minor for any useless expense or loss which he has sustained.
Moreover, the sentence of deportation cannot be advanced to the prejudice
of the father. (3) If, after his return,
the integrity of the father should be found to be unimpaired, so that
he ought to be restored to his natural position,
and the discharge of his duty to his offspring, the management of
their property should be transferred to him whose care resembles that
established by the public law. And unless this is done where fathers
are good, their return will be more doleful than their departure,
so far as the children are concerned. (4) Therefore a pardon
is beneficial for the purpose of restitution only to the extent that
the sentence was beneficial for correction, so that, if the loss of
all his property resulted from deportation, by means of pardon his
possessions, his rank, and everything of which he was deprived, including
his good name, will be regained. Hence sons request emancipation from
their fathers in order that they may obtain freedom, not because of
a judicial sentence, but as an evidence of paternal affection. Given at Sirmium, on
the eighteenth of the Kalends of October, during the second
Consulate of the Caesars, Crispus and Constantine, 321. |