1Macer, On Criminal Prosecutions, Book I. All cases in which crime is involved are not public, but only those which are derived from the laws relating to the prosecution of crimes, such as the Julian Law on Treason; the Julian Law on Adultery; the Cornelian Law on Assassins and Poisoners; the Pompeian Law on Parricide; the Julian Law on Peculation; the Cornelian Law on Wills; the Julian Law on Private Violence; the Julian Law on Public Violence; the Julian Law on the Bribery of Voters; the Julian Law on Extortion; and the Julian Law on Raising the Price of Food.

2Paulus, On the Edict of the Prætor, Book XV. Some criminal offences are capital, and some are not. Those which are capital entail the punishment of exile or banishment; that is to say, the interdiction of water and fire. For, by these penalties the civil rights of the delinquent are lost, for the other penalties are properly termed relegation and not exile, for then the rights of citizenship are retained. Punishments which are not capital are those where the penalty is either pecuniary or corporeal.

3Ulpianus, On Sabinus, Book XXXV. A criminal prosecution is annulled by the death of the defendant of either sex.

4Paulus, On the Edict, Book XXXVII. It sometimes happens that a criminal prosecution is prejudiced, as in the action under the Aquilian Law; in the action of theft, and the one for property taken by violence; in the interdict Unde vi and in that to compel the production of a will; for in these cases private matters are concerned.

5Ulpianus, Disputations, Book VIII. When anyone is accused of crime, he must prove that he is not guilty, and he cannot accuse another before he himself has been acquitted; for it is set forth in the Imperial Constitutions that a defendant must be cleared, not by accusing others of crime, but by his own innocence. 1It is uncertain whether anyone can bring an accusation when he has been discharged, or when he has suffered punishment; for it was decided by our Emperor and his Divine Father that he could not begin an accusation after having been condemned. I think, however, that this only refers to those who have either lost their right to citizenship or their freedom. 2It is clear that accusations which have been begun before conviction can be completed afterwards.

6Marcianus, Institutes, Book XIV. Where a person who was accused of crime dies, and the penalty is extinguished, no matter in what condition the accusation of the extinguished crime may be, the magistrate who has jurisdiction of the pecuniary interest involved can proceed with the investigation.

7Macer, Public Prosecutions, Book II. A sentence for every crime does not render a man infamous, but only such as have the character of public prosecutions. Hence infamy does not result from condemnation for a crime which is not the subject of public prosecution, unless the offence can be the subject of an action which, even in the case of a private judgment, brands the condemned party with infamy, as for instance, that of theft, that of robbery with violence, and that of injury.

8Paulus, Public Prosecutions. The order of conducting public prosecutions for capital offence is no longer in use; still the penalty prescribed by the laws exists, and the crimes are proved arbitrarily.

9Marcianus, On Public Prosecutions, Book I. It must be remembered that if anyone should not defend his own slave, when he is accused of a capital crime, he will not be considered as having abandoned him; and therefore if the slave should be acquitted, he will not become free, but will still remain the property of his master.

10Papinianus, Definitions, Book II. While the case between the accuser and the defendant is pending in court, the excuse of absence for good reasons is admitted; and although the defendant may have been called three times a day for three days, he should not be condemned; or if the accuser should be absent and the defendant present, the former ought not be convicted of malicious prosecution.

11Marcianus, On Public Prosecutions, Book X. A slave can be defended by an attorney appointed by his master, just as well as by his master himself.

12Modestinus, On Punishments, Book III. The magistrate who is about to hear the cases of prisoners should invoke the aid of the most illustrious citizens, as well as of the most eminent advocates, if they all reside in the principal city of the province where he exercises jurisdiction. 1It is provided by a rescript that prisoners can be examined even on feast days, so that he may dismiss such as are innocent, and continue the cases of those who are guilty, and deserve severe punishment.

13Papinianus, Opinions, Book XV. If the accuser should die, the case can be prosecuted by another, if the Governor of the province considers this advisable. 1An agent will intervene to no purpose in the prosecution of a crime; and this applies still more forcibly to the defence. The excuses of absent persons can be presented to the judges in accordance with the terms of the Decree of the Senate, and if good reasons are given, the decision will be postponed.

14The Same, Opinions, Book XVI. The slaves of a son-in-law having been accused by his father-in-law of administering poison, the Governor of the province decided that the father had been guilty of malicious prosecution. I gave it as my opinion that the father of the deceased should not be included among persons who are infamous, since although a criminal prosecution might be instituted by the children for the death of the daughter, the father could bring the accusation without any risk.