Fragmenta incerta
Dig. 48,20,9Callistratus libro ...... nisi probabitur patrem metu condemnationis liberis prospexisse.
Callistratus, Book. Unless it is proved that the father, through apprehension of conviction, and in order to defraud the Treasury, has consulted the interests of the children.
Dig. 48,22,18Callistratus libro ...... Relegatus morari non potest Romae, etsi id sententia comprehensum non est, quia communis patria est: neque in ea civitate, in qua moratur princeps vel per quam transit, iis enim solis permissum est principem intueri, qui Romam ingredi possunt, quia princeps pater patriae est. 1Cum adversus homines liberos eiusmodi sententia fertur, per quam bona eorum publicantur, qualis est deportationis in insulam, ea ipsa sententia priorem condicionem amittunt et statim poenis sibi irrogatis per eam traduntur, nisi quid cum maiestate coniunctum requirit, ut poena exacerbetur.
Callistratus. Anyone who has been relegated cannot remain at Rome, although this may not have been included in the sentence, because it is the country of all persons. Nor can he remain in the city in which the Emperor lives, nor in one through which he passes, because those only are permitted to look upon the Emperor who can enter Rome, as the Emperor is the father of his country. 1When sentence is passed upon men who are free, by which their property is confiscated, such, for instance, as deportation to an island, as soon as it has been imposed, they change their former condition, and are delivered up to their punishment; unless something of the nature of high treason is involved, which requires the penalty to be increased.