8. LEX CORNELIA ON MURDERERS AND POISONERS
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332 BOOK FORTY-EIGHTIMUKDERERS infamous. 1. The same penalty is inflicted on those who fall under the penalty of the lex Julia on vis privata, as also on anyone who with malicious intent seizes anything from a shipwreck. 2. In addition, however, in accordance with the imperial constitutions , those who steal anything from shipwrecks are punished extra ordinem; for the deified Pius wrote in a rescript that there must be no vis shown to sailors and that if anyone does so, he should be punished most severely. 2 SCAEVOLA, Rules, book 4: Anyone who, after summoning men together, commits vis resulting in anyone's being flogged or beaten, [even if] nobody is killed, is liable under this statute. 3 MACER,Criminal [Proceedings], book 1: Nor does it matter whether those he summoned together for the purpose of causing vis were freemen or slaves and, [if the latter], his own or another's. 1. Those who have been thus summoned together are no less liable under the same statute. 2. Even if none has been summoned together and none beaten, yet something has wrongfully been taken from another's property, the man who did this is liable under this statute. 4 PAUL,Edict, book 55: An offense is committed under the lex Julia on vis privata when anyone is alleged to have raised a mob or a gathering to prevent someone's being brought to court. 1. Again, if anyone has had another man's slave put to the torture; [although this matter hardly calls for a public criminal trial, and], therefore, Labeo says that one should with more discretion make use of the praetor's edict on injuria. 5 ULPIAN,Edict, book 69: If [the owner] drives a man off his land with an unarmed mob, he may be charged with vis privata. 6 MODESTINUS, Rules, book 8: In accordance with the senatus consultum Volusianum , persons are liable under the lex Julia on vis privata who dishonestly combine in a third party's action with the intention of sharing out between them whatever shall be recovered for his property after his [opponent's] condemnation. 7 CALLISTRATUS, Judicial Examinations, book 5: If creditors proceed against their debtors, they should claim what they reckon is owed to them through the agency of a judge; otherwise, if they enter upon the debtor's property without anyone's permission , the deified Marcus decreed that they should not have creditors' rights. The words of the decree are as follows: "It is best that, if you think you have claims, you should pursue them by actions at law; meantime the other party should remain in possession , you are the claimant." And although Marcian said, "I have done no vis," Caesar said: "Do you think that vis occurs only if men are wounded? It occurs whenever anyone demands what he thinks is owed to him otherwise than through the agency of a judge. But I do not think it consonant with your modesty, dignity, or compassion to do something without right. Whoever then shall be proved to me to have taken possession , recklessly and without resort to a judge, of any property of a debtor which has not been handed over to him by the debtor, and to have said that he had a right over that property, shall not have creditor's rights." 8 MODESTINUS, Punishments, book 2: If a creditor without the authority of a judge occupies the property of a debtor, he is liable under this law, and is fined one third of his property and becomes infamous. LEX CORNELIA ON MURDERERS AND POISONERS 1 MARCIAN, Institutes, book 14: Under the lex Cornelia on murderers and poisoners, someone is liable who kills any man or by whose malicious intent a fire is set; or who goes about with a weapon for the purpose of homicide or a theft; or who, being a magistrate or presiding over a criminal trial, arranged for someone to give false evidence 332 BOOK FORTY-EIGHT IMURDERERS infamous. 1. The same penalty is inflicted on those who fall under the penalty of the lex Julia on vis privata, as also on anyone who with malicious intent seizes anything from a shipwreck. 2. In addition, however, in accordance with the imperial constitutions , those who steal anything from shipwrecks are punished extra ordinem; for the deified Pius wrote in a rescript that there must be no vis shown to sailors and that if anyone does so, he should be punished most severely...