16. HARBORERS
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BOOK FORTY-SEVEN ITHIEVES LURKING ABOUT BATHS 303 Whether he is in collusion in private or in public proceedings, he is punished by the extraordinary process. 2 ULPIAN,Duties of Proconsul, book 9: It should be known that nowadays one guilty of collusion is punished by the extraordinary procedure. 3 MACER,Public Prosecutions, book 1: The action for collusion is sometimes public, sometimes introduced by practice. 1. For if the defendant in a public proceeding assert to his accuser that he has been previously charged with the same offense by someone else and been acquitted, it is provided by the lex Julia on public prosecutions that the present proceedings cannot go on until the collusion of the previous accuser has been established and a declaration thereof made. And so the declaration of such collusion is held to be in public proceedings. 2. But if the charge of collusion be leveled against an advocate, the proceedings are not public, and it does not matter whether he be alleged to have been in collusion in public or in private proceedings. 3. Hence, if someone be accused on a charge that he abandoned a public prosecution, the proceedings will not be public, because no provision therefor is made in any statute and no public process was introduced by the senatus consulturn which prescribes a penalty of five pounds of gold for one who abandons a prosecution. 4 MACER, Public Prosecutions, book 2: If someone, for whose bringing a false accusation process is not permitted, be declared guilty of collusion in a public prosecution, he will become infamis. 5 VENULEIUS SATURNINUS, Public Prosecutions, book 2: An accuser who is convicted of collusion is by statute not allowed to prosecute again. 6 PAUL,Public Prosecutions, sole book: In a rescript of our emperor and his father, it has been ruled that those guilty of collusion in respect of offenses dealt with by extraordinary proceedings shall be subject to the same penalty, as that to which they would be liable if they had themselves contravened the statute, of the contravention of which the defendant has been acquitted by reason of their collusion. 7 ULPIAN,Census, book 4: In all cases save those involving the issue of blood, one who buys off the accuser is to be condemned under the senatus consulturn. 16 HARBORERS 1 MARCIAN, Public Prosecutions, book 2: Of the basest is the class of harborers without whom no one could long lie low; and it is ordained that they should be treated like brigands. Those who, when they could apprehend brigands, let them go on receipt of money or a share of their loot, are in the same category. 2 PAUL,Civilian Penalties, sole book: Those who harbor a brigand who is a relative by blood or marriage should neither be absolved nor yet severely punished. For their offense is not equal to that of those who harbor brigands with whom they have no connection. 17 THIEVES WHO LURK ABOUT BATHS 1 ULPIAN,Duties of Proconsul, book 8: Thieves by night are to be dealt with by extraordinary process and, on the investigation of the matter being completed, punished , provided that we bear in mind that a reasonable limit of temporary forced BOOK FORTY-SEVEN ITI-IIEVES LURKING ABOUT BATHS 303 Whether he is in collusion in private or in public proceedings, he is punished by the extraordinary process. 2 ULPIAN, Duties ofProconsul, book 9: It should be known that nowadays one guilty of collusion is punished by the extraordinary procedure. 3 MACER, Public Prosecutions, book 1: The action for collusion is sometimes public, sometimes introduced by practice. 1. For if the defendant in a public proceeding assert to his accuser that he has been previously charged with the same offense by someone else and been acquitted, it is provided by the lex Julia on public prosecutions that the present proceedings cannot go on until the collusion of the previous accuser has been established and a declaration thereof made. And so the declaration of such collusion is held to be in public proceedings. 2. But if the charge of collusion be leveled against an advocate, the proceedings are not public, and it does not matter whether he be alleged to have been in collusion in public or in private proceedings. 3. Hence, if someone be accused on a charge that he abandoned a public prosecution, the proceedings will not be public, because no provision therefor is made in any statute and no public process...