Marcianus, Institutes, Book XIV. Where anyone alienates his share in a piece of property for the purpose of avoiding a suit in partition, he is prohibited by the Lex Licinia from bringing an action in partition himself, for example, in order that some purchaser who is more powerful may obtain it by a lower bid; and he in this way can recover it. He, however, who has disposed of his share, and wishes afterwards to bring suit in partition, shall not be heard; but if the party who purchased it desires to institute proceedings, he is forbidden to do so under that Section of the Edict by which it is provided that no alienation shall be made for the purpose of changing the conditions of a trial.

Marcianus, Institutes, Book XIV. It makes no difference who has made a loan to a son under paternal control, whether it is a private individual or a city; for the Divine Severus and Antoninus stated in Rescript that the Decree of the Senate is also operative in the case of a city.

Marcianus, Institutes, Book XIV. It is settled that where anyone has stipulated for interest above the legal rate, or for compound interest, what is unlawfully added is not held to be added at all, and legal interest can be collected.

Marcianus, Institutes, Book XIV. Although the woman who is said to have introduced a supposititious child may be dead, still, if there are any others implicated in the crime, an investigation should take place at once. When, however, there is no one who can be punished, because all those who participated in the offence are dead, the investigation must be deferred until the time of puberty, in accordance with the Carbonian Edict.

Marcianus, Institutes, Book XIV. Where a fire takes place by accident it is excusable, unless there was such gross negligence as to resemble illegality or fraud.

Marcianus, Institutes, Book XIV. It is provided by the Imperial Constitutions that anything placed upon public monuments for the purpose of defaming another shall be removed. 1The action for injury can even be brought civilly under the Cornelian Law, and the amount of the judgment be estimated by the judge.

Marcianus, 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.

Marcianus, Institutes, Book XIV. The Law of the Twelve Tables directs that anyone who stirs up an enemy, or who delivers a citizen to him, shall be punished capitally. And the Julian Law on lese majesty provides that he who injures the dignity of the State shall be liable, just as one who has submitted to the enemy in war, or occupied a castle, or surrendered a camp. He is liable under the same law who engages in hostilities, without the order of the Emperor; or levies soldiers, or equips an army; or, when his successor arrives in the province, does not deliver the army to him, or who relinquishes his command, or deserts the military service of the Roman people; or who, being a private individual, knowingly and fraudulently performs some act of authority or magistracy; or causes any of the things above mentioned to be done.

Marcianus, Institutes, Book XIV. He is liable under the Julian Law relating to Public Violence who collects arms or darts in his house, or on his land, or in a farm house, in larger quantities than is customary for the purpose of hunting, or travel by land or water.

Marcianus, Institutes, Book XIV. Those, also, are in the same position who form the design of exciting a tumult, or sedition, and have slaves or freemen under arms. 1He is liable under the same law who, having arrived at puberty, appears armed in public. 2Those are in the same position who, offering an extremely bad example by having assembled in numbers and excited sedition, plunder country-houses, and with darts or arms commit robbery. 3He also is liable who, in case of fire, removes by violence anything except the materials of the building. 4Moreover, he who pollutes by force a boy or a woman, or anyone whomsoever, is also liable to punishment under this law. 5He also who goes to a fire armed with a sword or other weapon for the purpose of robbery, or to prevent the owner from saving his property, is liable to the same penalty. 6He is liable under the same law who, with armed men assembled in a body with a display of force, expels a possessor from his house, his land, or his ship:

Marcianus, Institutes, Book XIV. Anyone who, by means of an assembly, a crowd, a tumult, or a sedition, causes a conflagration; or who maltreats a man whom he has wrongfully confined; or who prevents a body from being buried, to better enable him to disperse and plunder a funeral procession; or forcibly compels someone to become obligated to him, for the law rescinds an obligation of this kind, is liable. 1When a question of violence and possession, or ownership is involved, the Divine Pius stated in a Rescript that the violence should be investigated before the right of ownership, which Rescript, written in Greek, was addressed to the community of the Thessalians. He also decreed that the question of violence should be examined before that of ownership or possession was decided. 2Anyone who has ravished a free woman, or one who is married, shall be punished with death. If her father, moved by prayers, pardons his injury, a stranger can prosecute without being barred by the prescription of five years, because the crime of rape exceeds in scope the Julian Law relating to Adultery.

Marcianus, Institutes, Book XIV. Anyone who is convicted of private violence is punished under the Julian Law by the confiscation of the third part of his property; and it is provided that he shall not be a Senator or a decurion; or obtain any mark of distinction, or be permitted to sit with any of the above-named officials; or be a judge; and, according to the Decree of the Senate, he shall be stripped of all his honors as a person who is infamous. 1Those who are liable to the penalty of the Julian Law relating to Private Violence are subjected to the same punishment if they have been guilty of fraudulently and forcibly appropriating any goods in a shipwreck. 2Anyone who plunders property which has been shipwrecked is punished arbitrarily under the Imperial Constitutions; for the Divine Pius stated in a Rescript that no force should be employed against sailors, and if anyone did so that he should be severely punished.

Marcianus, Institutes, Book XIV. Under the Cornelian Law relating to Assassins and Poisoners, anyone who kills a man; or through whose malice a fire has originated; or who has gone about armed for the purpose of killing someone or committing theft; or who, being a magistrate, or presiding in a criminal case, enables false testimony to be given by which an innocent person may be prosecuted, or convicted, is liable. 1He also is liable who prepares poison, and administers it for the purpose of killing a man; or who, with malicious intent gives false testimony, by means of which anyone may be sentenced to death in a criminal prosecution; or any magistrate or judge who accepts money in consideration of causing someone to be accused of a crime. 2Anyone who has committed homicide is punished without taking into account the legal condition of the person who was killed. 3The Divine Hadrian stated in a Rescript that anyone who killed a man, without the intention of doing so, could be acquitted; and that anyone who did not kill a man, but wounded him for the purpose of killing him, should be convicted of homicide; and that the decision should be rendered according to the circumstances of the case, for if the aggressor drew a sword and struck him with it, there is no doubt of his having done this with the intention of killing him. Where, however, during a quarrel, he struck him with a spike, or a brass vessel used in a bath, although the article employed was of metal, still the attack was not made with the intention of killing him; and the penalty imposed upon one who in a quarrel committed homicide rather accidentally than intentionally, should be mitigated. 4The Divine Hadrian also stated in a Rescript that he who killed anyone who was forcibly attempting to commit an act of debauchery with himself, or with those belonging to him, should be discharged. 5But with regard to a husband who kills his wife surprised in the act of adultery, the Divine Pius stated in a Rescript that a lighter penalty should be inflicted upon him; and he ordered that anyone of inferior rank should be sent into perpetual exile, and that a person of distinguished position should be relegated for a certain time.

Marcianus, Institutes, Book XIV. Anyone who has prepared poison, or sells it, or keeps it for the purpose of killing human beings, is punished by the Fifth Section of the same Cornelian Law relating to Assassins and Poisoners. 1The penalty of this law is imposed upon any one who publicly sells injurious poisons or keeps them for the purpose of homicide. 2The expression “injurious poisons” shows that there are certain poisons which are not injurious. Therefore the term is an ambiguous one, and includes what can be used for curing disease as well as for causing death. There also are preparations called love philtres. These, however, are only forbidden by this law where they are designed to kill people. A woman was ordered by a decree of the Senate to be banished, who, not with malicious intent, but offering a bad example, administered for the purpose of producing conception a drug which, having been taken, caused death. 3It is provided by another Decree of the Senate that dealers in ointments who rashly sell hemlock, salamander, aconite, pine-cones, bu-prestis, mandragora, and give cantharides as a purgative, are liable to the penalty of this law. 4Likewise, he whose slaves, with his knowledge, have taken up arms for the purpose of obtaining or recovering the possession of property; or one who is the promoter of sedition; or who has appropriated shipwrecked merchandise; or who has represented matters which are false to be true, that an innocent person might be deceived; or who has caused this to be done; or who has castrated a man on account of debauchery, or in order to sell him, is, under the Decree of the Senate, subjected to the penalty of the Cornelian Law. 5The penalty of the Cornelian Law relating to Assassins and Poisoners is deportation to an island and the confiscation of all property. It is, however, at present customary to inflict capital punishment, unless the parties in question occupy such a high position that they are not amenable to the law. It is customary for persons of inferior rank to be thrown to wild beasts, and for those higher in the social scale to be deported to an island. 6It is permitted to kill deserters, just as if they were enemies, wherever they may be found.

Marcianus, Institutes, Book XIV. It is provided by the Pompeian Law relating to Parricides that if anyone kills his father, his mother, his grandfather, his grandmother, his brother, his sister, his paternal uncle, his paternal aunt, his maternal uncle, his maternal aunt, his cousin of either sex, his wife, her husband, his son-in-law, his father-in-law, his stepfather, his stepson, his stepdaughter, his patron, or his patroness, or causes this to be done with malicious intent, he shall be liable to the penalty prescribed by the Cornelian Law relating to Assassins. A mother, who kills her son or her daughter, is also liable to the penalty of this law, as well as a grandfather who kills his grandson. Again, anyone who purchases poison for the purpose of administering it to his father is liable, even if he does not give it to him.

Marcianus, Institutes, Book XIV. It must be remembered that cousins are included in the Pompeian Law, but those are not equally implicated who are in the same, or a nearer degree. Also, mothers-in-law and women who have been betrothed are omitted; they are, however, included in accordance with the meaning of the law.

The Same, Institutes, Book XIV. It is said that the Divine Hadrian, in a case where a certain man had, while hunting, killed his son who had committed adultery with his stepmother, caused him to be deported to an island, on the ground that he killed him rather as a thief than by asserting his right as a father; for paternal authority should rather be influenced by affection than by cruelty.

Marcianus, Institutes, Book XIV. The penalty of the Cornelian Law is inflicted upon anyone who, with malicious intent, has suborned false witnesses, or caused spurious evidence to be introduced. 1Likewise, anyone who receives money, or makes an agreement to receive it, for the purpose of fraudulently obtaining legal assistance or evidence, or forms a conspiracy to render innocent persons liable, is punished by the Decree of the Senate. 2Moreover, anyone who receives money for the production or the suppression of witnesses, and the giving or withholding of testimony, is punished by the Cornelian Law; and also anyone who corrupts a judge, or takes any steps for the purpose of corrupting him. 3If, however, a judge neglects to enforce the Imperial Constitutions he will be punished. 4Those who have been guilty of deceit with reference to accounts, wills, public documents, or anything else which is not sealed, or have fraudulently appropriated property, shall be punished for these crimes, just as if they had committed forgery. It was for just such an offence that the Divine Severus condemned the Prefect of Egypt, under the Cornelian Law relating to Deceit, because during the time when he governed the province he had falsified his own records. 5He who opens the will of a person who is living is liable to the penalty of the Cornelian Law. 6He who alleges that documents deposited with another have been delivered by him to his adversaries can be prosecuted for deceit. 7The Decree of the Senate applies to military wills, and by its terms anyone is liable under the Cornelian Law who has written the bequest of a legacy or a trust for his own benefit. 8There is this difference between the drawing up of a will by a son, a slave, or a stranger; for, so far as the stranger is concerned, if the signature of the testator is made, accompanied by the statement: “I dictated this to So-and-So, and I have read it over,” the penalty will not be incurred, and the bequest can be claimed. In the case of a son or a slave, however, a general signature will be sufficient both for the purpose of avoiding the penalty, and of obtaining the bequest. 9Guardians, as well as curators, who, after their term of office has expired, do not render their accounts of the guardianship or curatorship, are liable to the penalty of this law—as was decided by the Divine Severus and Antoninus—and they cannot contract with the Treasury; but if anyone, in violation of this law, secretly makes an agreement with the Treasury, he shall be punished just as if he had committed forgery. 10This Constitution, however, does not apply (as the Emperors themselves have stated in Rescripts), to those who, before undertaking the guardianship, have transacted business of this kind. For they are held to have given excuses, but not to have been guilty of fraud. 11The same Emperors stated in a Rescript that anyone who has not yet rendered an account of his guardianship or curatorship should not contract with the Treasury while he whose guardianship has been administered is living; but if the latter should die, he can legally contract with it, although he may not yet have rendered his account to the heir. 12Where, however, the guardian or curator has succeeded by hereditary right to a contract made with the Treasury, even if this occurs before an account has been rendered, I do not think that there will be ground for the infliction of a penalty; although the person whose guardianship or curatorship has been administered may still be living. 13The penalty for forgery, or quasi-forgery, is deportation, and confiscation of all property. When a slave commits any of these crimes, he shall be condemned to death.

Marcianus, Institutes, Book XIV. The Julian Law on Extortion has reference to money received by someone who holds the position of magistrate, or who is invested with some degree of power, or administration, or with the office of Deputy, or any other public employment or occupation whatsoever; and also applies to the attendants of the above-mentioned dignitaries. 1The law excepts those from whom it is permitted to receive money, for instance, from cousins, from near relatives, and from a wife.

Marcianus, Institutes, Book XIV. He is liable under the Julian Law relating to Peculation who removes or appropriates any money destined for sacred or religious purposes. 1He is also liable to the penalty for peculation who abstracts anything which has been donated to Immortal God. 2Moreover, it is provided by the Imperial Mandates relating to sacrilege that the Governors of provinces shall search for all sacrilegious persons, robbers, and kidnappers, and punish them according to the gravity of their offences; and it is provided by the Imperial Constitutions that sacrilege shall be punished arbitrarily, by a penalty proportioned to the crime.

Marcianus, Book XIV. He is liable under the Julian Law relating to Balances who retains in his hands any public money received from leases or purchases, the disposal of provisions or of anything else. 1Moreover, he who has received public money destined for any purpose, and retains it, and does not employ it for that purpose, is liable under this law. 2Anyone convicted under this law is punishable by a fine of a third more than what he owes. 3A place does not become religious in which a treasure is found; for, even though it may be found in a tomb, it is not seized as being religious. For what anyone is forbidden to inter cannot render a place religious, and money cannot be buried, as is provided by the Imperial Mandates, 4But when any public property is stolen, it is provided by the Constitutions of the Emperors Trajan and Hadrian that the crime of peculation is committed. This is the present practice.

The Same, Institutes, Book XIV. If, however, they had assumed the use of the Roman toga, and had always acted as Roman citizens, the Divine Brothers stated in a Rescript addressed to the Managers of the Imperial Revenues having charge of estates that their rights were undoubtedly, by the indulgence of the Emperor, distinct from those attaching to the condition of hostages, and therefore that the same rights would be preserved to them if they were appointed heirs by competent Roman citizens.

Marcianus, Institutes, Book XIV. The Divine Severus and Antoninus stated in a Rescript that if a wife was captured with her husband, and had a child by him while in the hands of the enemy, and both of them should return, the parents and child are legitimate, and the son will be under the control of his father, just as if he had returned under the right of postliminium. If, however, he should return with his mother alone, he will be considered illegitimate, as having been born without a husband.