Marcianus, On Criminal Trials, Book I. One thing must be observed, he who governs the province must not pass its boundaries unless for the purpose of fulfilling a vow; and, even then he must not spend a night outside.

Marcianus, On Criminal Trials, Book I. Freedmen can act as assessors, and although persons who are infamous are not prohibited by law from doing so, still, I am of the opinion that they cannot perform the duties of an assessor; and, indeed, it is said that there is an Imperial Constitution extant upon this subject.

Marcianus, 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.

Marcianus, On Public Prosecutions, Book I. The Divine Severus and Antoninus stated in a Rescript that a woman should be heard by the Prefect of Subsistence on the ground of the public welfare, if she brought an accusation relating to the excessive price of provisions. There is no doubt that persons who have been rendered infamous should be permitted to institute proceedings of this kind. Soldiers, also, who cannot prosecute the cases of others, because they guard the peace, can all the more readily be permitted to bring this accusation. When slaves bring it, they should also be heard.

Marcianus, On Public Prosecutions, Book I. Anything which may be due in these different cases can be recovered by a personal action derived from the law.

Marcianus, Public Prosecutions, Book I. Where anyone alleges that adultery has been committed by his slave, with a woman whom he had for his wife, the Divine Pius stated in a Rescript that he must accuse the woman before subjecting his slave to torture to her prejudice. 1If anyone should not let an adulterer depart, but detains him, as, for instance, his son, accused of adultery with his stepmother, or his freedman, or slave accused with his wife, he is guilty, according to the spirit, but not according to the letter of the law. The woman, however, who is detained, shall be punished. If, however, having driven her away, he should bring her back, he is not guilty according to strict construction of the law, but he must still be considered liable in order to avoid the commission of fraud. 2If a woman receives the price of adultery committed by her husband, she will be punishable as an adulteress under the Julian Law.

The Same, On Public Prosecutions, Book I. Just as the fathers and mothers of married persons are embraced in the designation fathers and mothers-in-law, so the husbands of the children are embraced in the term sons-in-law.

Marcianus, On Public Prosecutions, Book I. If a father should write anything for the benefit of his son, who is a soldier, and under his control, and with whom he himself is serving, and he knows this to be the case, for the reason that nothing is acquired by the father, he will not be liable to punishment. Where a son had written a clause for the benefit of his mother, the Divine Brothers stated in a Rescript that as he had done this by order of the testator, he should go unpunished, and that his mother was entitled to the bequest.

Marcianus, Public Prosecutions, Book I. He is liable under this law who enters upon the public registers a smaller amount than the proceeds of a sale or a lease, or who commits any other offence of this kind. 1The Divine Severus and Antoninus, having ascertained that a young man of very illustrious lineage had a small chest placed in a temple, and, after the temple was closed, emerged out of the chest and stole many things belonging to the temple, and afterwards again shut himself up in the chest, deported him to an island, after his conviction.

Marcianus, Public Prosecutions, Book I. A bona fide possessor is not liable to the penalty imposed by the Favian Law for having wrongfully withheld a slave; that is to say, if he did not know that the slave belonged to another, or if he thought that he acted with the consent of his master. And the law itself is framed in this way with reference to a bona fide possessor, for there is added, “If he did this knowingly and fraudulently.” It has very frequently been decided by the Emperors Severus and Antoninus that bona fide possessors are not liable under this law. 1It should not be forgotten that, as under the Aquilian Law, if the person on whose account the Favian Law was violated should die, the accusation and the penalty prescribed by the Favian Law will continue to exist, as the Divine Severus and Antoninus stated in a Rescript.

Marcianus, On Public Prosecutions, Book I. The Divine Brothers stated in a Rescript that decurions should not be forced to furnish grain to the people at a lower price than the supply of provisions demands; and this is also provided by other Imperial Constitutions.

Marcianus, On Public Prosecutions, Book I. A decurion is forbidden to lease any property; if, however, he should succeed to a lease by inheritance, he can retain possession of it; and this rule should be observed in all similar cases.

Marcianus, Public Prosecutions, Book I. Decrees that are enacted without the lawful number of decurions being present are not valid.

Marcianus, Public Prosecutions, Book I. An “obligation,” properly speaking, is something which we are obliged to do according to law, custom, or the command of someone who has the right to order it to be done. Gifts, however, are, correctly speaking, things which we voluntarily give without being compelled to do so by either law or our duty; and if they are not given, no one can be blamed, and if they are given, the donor is generally entitled to praise. In a word, it has been decided that the two terms are not interchangeable, but that a gift may properly give rise to an obligation.