2. ACCUSATIONS AND INDICTMENTS
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310 BOOK FORTY-EIGHT/ACCUSATIONS 8 PAUL,Criminal Proceedings, sole book: The [former] system of [courts] dealing with capital offenses has fallen out of use; however, the penalties under the statutes [setting up that system] still survive when charges are proved extra ordinem. 9 MARCIAN, Criminal Proceedings, book 1: It is to be noted that if [a master] does not defend his slave who has been accused on a capital charge, this is not to be regarded as abandoning him; and accordingly, if [the slave] is acquitted he does not become free but remains his master's property. 10 PAPINIAN, Dejinitions, book 2: As between accuser and accused, once the trial has begun, an excuse for absence is to be allowed for good cause; nor is the accused to be condemned [even]if he has been cited three times a day over a three-day period; nor, if the accused is present, may a verdict of calumny be pronounced on the absent accuser. 11 MAECIAN, Criminal Proceedings, book 10: A slave may equally well be defended by his master's procurator as by his master. 12 MODESTINUS, Penalties, book 3: [Thejudgel who is going to hear persons in custody in a civitas of the province which he governs must summon both the men of senatorial rank and all the patrons of causes, if they live in that civitas. 1. And it is laid down in a rescript that those in custody can be heard on ferial days, so that [the judgel may discharge the innocent and may continue [the cases of] the guilty who need more severe punishment. 13 PAPINIAN, Replies, book 15: On the death of an accuser, the case may be carried through by someone else at the discretion of the provincial governor. 1. A procurator intervenes in vain to follow up a charge in a criminal trial, and even more so in the case of the defense; but the excuses of those who are absent are to be brought to the attention of the judges in accordance with the senatus consultum, and if there is good reason for them, sentence is postponed. 14 PAPINIAN, Replies, book 16: The provincial governor had pronounced sentence for calumny on a father after certain slaves of his son-in-law had been accused by the father-in-law of poisoning [his daughter]. I gave the opinion that the father of the dead woman was not to be reckoned as infamous, since, even if criminal proceedings had been mounted between free persons over the death of the daughter, the father might make an accusation without risk. ACCUSATIONS AND INDICTMENTS 1 POMPONIUS, Sabinus, book 1: A woman is not permitted to charge someone in criminal proceedings unless, indeed, she is pursuing the death of her parents or children , her patron or patroness, or their son or daughter or grandson or granddaughter. 2 PAPINIAN, Adulteries, book 1: In certain cases, women are allowed to bring a public accusation, for instance, if they are pursuing the death of those persons, male or female , against whom, under the statute on criminal [proceedings],they do not give testimony against their will. And the senate made similar provision in the lex Cornelia on wills; but women are allowed to speak in criminal proceedings about the will of their father's or mother's freedman. 1. A pupillus is permitted, with the approval of his tutors, to pursue the death of his father or grandfather, and the same is allowed to a female in pupillage; but the deified Vespasian in accordance with the [Cornelianl law 310 BOOK FORTY-EIGHT / ACCUSATIONS 8 PAUL, Criminal Proceedings, sole book: The [former] system of [courts] dealing with capital offenses has fallen out of use; however, the penalties under the statutes [setting up that system] still survive when charges are proved extra ordinem. 9 MARCIAN, Criminal Proceedings, book 1: It is to be noted that if [a master] does not defend his slave who has been accused on a capital charge, thisĀ· is not to be regarded as abandoning him; and accordingly, if [the slave] is acquitted he does not become free but remains his master's property. 10 PAPINIAN, Definitions, book 2: As between accuser and accused, once the trial has begun, an excuse for absence is to be allowed for good cause; nor is the accused to be condemned [even] if he has been cited three times a day over a three-day period; nor, if the accused is present, maya verdict...