restricted access 9. LEX POMPEZA ON PARRICIDES
In lieu of an abstract, here is a brief excerpt of the content:

BOOK FORTY-EIGHT/PARRICIDES 335 10 ULPIAN,Edict, book 18: If anyone with malicious intent sets fire to my block of flats, he shall suffer the capital penalty as an arsonist. 11 MODESTINUS, Rules, book 6:By arescript of the deifiedPius it is allowed onlytoJews to circumcise their own sons;a person not of that religion who does so suffersthe penalty of one carrying out a castration. 1. If a slave be thrown to the beasts without [having been before] a judge, not only he who sold him but also he who bought him shall be liable to punishment. 2. Following the lex Petronia and the senatus consulta relating to it, masters have lost the power of handing over at their own discretion their slaves to fight with the beasts; but after the slave has been produced before a judge, if his master's complaint is just, he shall in this case be handed over to punishment. 12 MODESTINUS, Rules, book 8: An infant or a madman who kills a man is not liable under the lex Cornelia, the one being protected by the innocence of his intent, the other excused by the misfortune of his condition. 13 MODESTINUS, Encyclopaedia, book 12: By senatus consultum the man who performs or organizes evil sacrifices is ordered to be condemned to the penalty of this statute. 14 CALLISTRATUS, Judicial Examinations, book 6: The deified Hadrian wrote a rescript in the following words: "In crimes it is the intention, not the issue, to which regard is paid." 15 ULPIAN,Lex Julia et Papia, book 8: It makes no difference whether someone kills or provides the occasion of death. 16 MODESTINUS, Punishments, book 3: Those who have committed murder of their own free will and with malicious intent, if they hold office are normally deported; if they are of inferior station, they suffer the capital penalty. This can more readily be done in the case of decurions, but in such a way that [capital punishment] takes place [only] when the emperor has first been consulted and orders it [to be carried out], unless perchance a disorder could not otherwise be quietened down. 17 PAUL,Views, book 5: If a man dies after being struck in a brawl, one must have regard to the blows delivered by each of those who gathered together for the p ~ r p o s e . ~ LEX POMPEZA ON PARRICIDES 1 MARCIAN, Institutes, book 14: By the lex Pompeia on parricides it is laid down that anyone who kills his father, mother, grandfather, grandmother, brother, sister, first cousin on the father's side, first cousin on the mother's side, paternal or maternal uncle, paternal [or maternal] aunt, first cousin (male or female) by mother's sister, wife, husband, father-in-law, son-in-law,mother-in-law, [daughter-in-law], stepfather, stepson, stepdaughter, patron or patroness, or with malicious intent brings this about, shall be liable to the same penalty as that of the lex Cornelia on murderers. And a mother who kills her son or daughter suffers the penalty of the same statute, as does a grandfather who kills a grandson; and in addition, a person who buys poison to give to his father, even though he is unable to administer it. 2 SCAEVOLA, Rules, book 4: The brother [of a parricide], who had knowledge only [not proof] and did not warn his father, was relegated, and the doctor [who supplied the drug] was put to death. 3. Collatio [I, 7, 21 offers a variant: "But if a man dies after being struck in a brawl, because one must also have regard to the blows themselves struck against each man who took part, therefore those of low rank are condemned to the games or the mines, those of high status are fined half their property and relegated." BOOK FORTY-EIGHT / PARRICIDES 335 10 ULPIAN, Edict, book 18: If anyone with malicious intent sets fire to my block of flats, he shall suffer the capital penalty as an arsonist. 11 MODESTINUS, Rules, book 6: By a rescript ofthe deified Pius it is allowed only toJews to circumcise their own sons; a person not ofthat religion who does so suffers the penalty of one carrying out a castration. 1. If a slave be thrown to the beasts without [having been before] a judge, not only he who sold him but also he who bought him shall be liable to punishment. 2. Following the lex Petronia and the senatus consulta relating...


pdf