Callistratus, On Judicial Inquiries, Book VI. The Imperial Stewards cannot sentence to deportation, for the reason that they have not the right of imposing this penalty. 1If, however, they forbid anyone to enter upon the land of the Emperor because his riotous or violent conduct might injure the Imperial tenants, the person is obliged to withdraw; for this the Divine Pius stated in a Rescript to Julius. 2Stewards cannot give permission to anyone to return after deportation, and this our Emperors Severus and Antoninus stated in a Rescript in answer to a petition of Hermias.

Callistratus, Judicial Inquiries, Book VI. Slaves who are simply fugitives should be returned to their masters; but where they pretend to be free, it is customary to punish them severely.

Callistratus, On Legal Investigations, Book VI. Sheep, in proportion to the number driven away, either render a man a common thief, or an appropriator of cattle. Certain authorities have held that ten sheep constitute a flock, just as four or five hogs, when they are driven away from a drove; but a cattle-thief commits this crime if he steals but one horse or ox. 1He also should be more severely punished who drives away a tame flock from a stable, and not from a forest, or one forming part of a larger flock. 2Those who have often perpetrated this offence, although they may have taken only one or two animals at a time, are nevertheless, classed as cattle thieves. 3Those who harbor offenders of this kind should, according to an Epistle of the Divine Trajan, be punished by being banished from Italy for ten years.

The Same, On Judicial Inquiries, Book VI. Where persons who are confined in prison conspire to break their chains and escape, it has been decided that they must be punished without reference to the cause for which they were incarcerated. Although they may be found innocent of the crime for which they were kept in custody, still, they must be punished, and those who reveal their conspiracy should be released.

Callistratus, On Judicial Inquiries, Book VI. The Divine Hadrian stated the following in a Rescript: “In the perpetration of crime, the intention, and not the event, is considered.”

Callistratus, On Judicial Inquiries, Book VI. He does not forthwith become a kidnapper who is guilty of theft, on the ground of withholding slaves belonging to another, for the Divine Hadrian stated in a Rescript: “He who has solicited or appropriated the slaves of another gives rise to the question whether he is, or is not liable for the crime of kidnapping, of which he is accused; and therefore it is not necessary to consult me on this point. The judge, however, in a case of this kind must decide what he knows to be perfectly true, for it is evident that he must be aware that a person can be guilty of the crime of theft with reference to slaves taken from others, and not necessarily for that reason, be considered guilty of kidnapping.” 1The same Emperor stated in a Rescript with reference to the same matter: “Where one or more fugitive slaves is found in the possession of anyone who has hired their services in consideration of their maintenance, and the said slaves had previously performed labor for others, no one can properly say that the above-mentioned person has appropriated them.” 2It is provided by the Favian Law that: “A freeman who conceals one who is freeborn or a freedman, against his will; or has kept him in fetters, and has knowingly and fraudulently purchased him; or has been associated with anyone in a transaction of this kind; or has persuaded the male or female slave of another to run away from his or her master or mistress; or has concealed such a slave without the knowledge or consent of his or her master or mistress; or has kept him or her chained; or knowingly and fraudulently has purchased the slave, or has been implicated in any of these crimes, shall suffer the penalty of the law.”

Callistratus, On Judicial Inquiries, Book VI. Such as castigation with rods, scourging, and blows with chains,

The Same, On Judicial Inquiries, Book VI. The following is the gradation of capital crimes. The extreme penalty is considered to be sentence to the gallows, or burning alive. Although the latter seems, with good reason, to have been included in the term “extreme penalty,” still, because this kind of punishment was invented subsequently, it appears to come after the first, just as decapitation does. The next penalty to death is that of labor in the mines. After that comes deportation to an island. 1Other penalties have reference to reputation, without incurring the danger of death; as, for instance, relegation for a certain term of years, or for life, or to an island; or sentence to labor on the public works; or where the culprit is subjected to the punishment of whipping. 2It is not customary for all persons to be whipped, but only men who are free and of inferior station; those of higher rank are not subjected to the penalty of castigation. This is specially provided by the Imperial Rescripts. 3Some persons who are ordinarily called young are, in some turbulent cities, accustomed to encourage the clamors of the mob. If they have not done anything more than this, and have not previously been warned by the Governor, they are punished by being whipped, or are even forbidden to be present at exhibitions. If, however, after having been corrected in this way they are again detected committing the same offence, they should be punished with exile, and sometimes with death; that is to say, when they have frequently acted in a seditious or turbulent manner, and, having been arrested several times, and treated with too much clemency, they have persevered in their bold designs. 4Slaves who have been whipped are usually restored to their masters. 5And, generally speaking, I should say that all those whom it is not permitted to punish by whipping are persons that should have the same respect shown them that decurions have. For it would be inconsistent to hold that anyone whom the Emperors have, by their Constitutions, forbidden to be whipped, should be sentenced to the mines. 6The Divine Hadrian stated in a Rescript: “No one should be condemned to the mines for a specified term, but anyone who is sentenced for a term, and performs labor connected with the mines, ought not to be understood to be condemned to the mines; for his liberty continues to exist as long as he is not condemned to labor for life.” Hence, women sentenced in this way have children who are free. 7It is forbidden to seek sanctuary at the statues or portraits of the Emperor, in order to cause another injury; for as the laws afford equal security to all men, it seems reasonable that he who takes refuge at the statues or the portraits of the Emperor does so rather in order to injure another than to provide for his own safety, unless someone who was confined in chains or in prison by persons more powerful than himself has recourse to this safeguard; for such persons ought to be excused. The Senate decreed that no one shall flee for refuge to the statues or portraits of the Emperor; and the Divine Pius stated in a Rescript that anyone who carried before him an image of the Emperor, for the purpose of incurring the hatred of another, should be punished by being placed in chains. 8All offences committed against a patron or the son of a patron, a father, a near relative, a husband, a wife, or other persons to whom anyone is nearly related, should be punished with more severity than if they were committed against strangers. 9Poisoners should be punished with death, or if it is necessary to show respect to their rank, they should be deported. 10Highwaymen, who pursue this occupation for the sake of booty, are regarded as greatly resembling thieves; and when they make an attack and rob while armed, they are punished with death, if they have committed this crime repeatedly and on the highways; others are sentenced to the mines, or relegated to islands. 11Slaves who have plotted against the lives of their masters are generally put to death by fire; sometimes freemen, also, suffer this penalty, if they are plebeians and persons of low rank. 12Incendiaries are punished with death when, either induced by enmity or for the sake of plunder, they have caused a fire in the interior of a town; and they are generally burned alive. Those also who have “burned a house or a hut, in the country, are punished a little more leniently. For if accidental fires could have been avoided, and were caused by the negligence of those on whose premises they originated, and resulted in injury to the neighbors; the responsible parties are prosecuted civilly to enable anyone who has suffered loss to recover damages, or they may be subjected to moderate punishment. 13A graduated scale of penalties with reference to exiles was established by an Edict of the Divine Hadrian, so that if anyone who was relegated for a term returned before it expired, he should be relegated to an island; and if one who was relegated to an island left it, he should be deported to an island; and if anyone, after having been deported, escaped, he should be punished with death. 14The same Emperor stated in a Rescript, that a certain gradation should be observed with reference to prisoners, that is to say, those who were sentenced for a certain term should, under similar circumstances, be sentenced for life; those who had been sentenced for life should be condemned to the mines; and when those have been condemned to the mines committed such an act, they should suffer the extreme penalty. 15It has been held by many authorities that notorious robbers should be hanged in those very places which they had subjected to pillage, in order that others might be deterred by their example from perpetrating the same crimes, and that it might be a consolation to the relatives and connections of the persons who had been killed that the penalty should be inflicted in the same place where the robbers committed the homicides. Some also condemned them to be thrown to wild beasts. 16Our ancestors, in inflicting every penalty, treated slaves more harshly than persons who are free; and they punished those who are notorious with greater severity than men of good reputation.

The Same, On Judicial Inquiries, Book VI. It is not necessary to strip a person of his clothing when he is placed in prison, but only after he has been sentenced. This was stated by the Divine Hadrian in a Rescript.

Callistratus, On Judicial Inquiries, Book VI. Persons condemned to the mines are deprived of their freedom, as they are punished with the blows of a slave. The Divine Pius stated in a Rescript that nothing is acquired by the Treasury through persons of this kind; and therefore he decided that anything which was bequeathed to a man who was afterwards condemned to the mines would not belong to the Treasury, for he says that such persons are rather penal slaves than slaves of the Treasury.

The Same, Judicial Inquiries, Book VI. Those who trade in and sell the necessaries of life should not be despised as degraded persons, although they are subject to chastisement by the Ædiles. For men of this kind are not prohibited from seeking the office of decurion, or any other honor in their own country, as they are not infamous; and they are not excluded from public employments, even after they have been scourged by the Ædiles, who are only discharging their lawful duty in doing so. I do not, however, think that it is honorable to receive persons of this kind, who have been subjected to blows with a scourge, into the order; and especially in towns which contain a number of honest men, but the scarcity of those who should discharge the duties of a public office necessarily calls such persons to municipal honors, if they possess the requisite qualifications.