restricted access 10. LEX CORNELIA ON FALSEHOODS AND THE SENATUS CONSULTUM LIBONIANUM
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336 BOOK FORTY-EIGHTIFALSEHOODS 3 MARCIAN, Institutes, book 14: It must be known that first cousins are included under the lex Pompeia, but that others of an equal or closer degree of kindred are not similarly covered. Stepmothersand betrothed persons are left out, but are covered by the spirit of the law, 4 MARCIAN, Criminal Proceedings, book 1: since the father and mother of the betrothed , male or female, are contained in the term "fathers-in-law" as are those engaged to one's children in the term "sons-in-law." 5 MARCIAN, Institutes, book 14: It is said that when a certain man had killed in the course of a hunt his son, who had been committing adultery with his stepmother, the deified Hadrian deported him to an island [because he acted] more [like] a brigand in killing him than as [one] with a father's right; for paternal power ought to depend on compassion, not cruelty. 6 ULPIAN,Duties o f Proconsul, book 8: Should [only] those who kill their parents be liable to the penalty for parricide, or their accomplices also? Maecian says that the accomplices also are liable to the same penalty, and not the parricides alone. Hence, accomplices, even if outside the family, are liable to the same penalty. 7 ULPIAN,Edict, book 29: If, with the knowledge of a creditor, money is furnished for the commission of a crime, say for the procuring of poison or for payment to bandits or assailants for the killing of a father, he who seeks [to borrow] the money and he who thus lends it, or [he] by whom it is promised, shall [all] be liable to the penalty for parricide. 8 ULPIAN,Disputations, book 8: If someone who has been accused of parricide dies in the meantime, then if he brought about his own death, the imperial treasury must be his heir; otherwise, provided he made a will, [the heir shall] be that person whom he wished; or if he died intestate, he shall have as heirs those called by law. 9 MODESTINUS, Encyclopaedia, book 12: According to the custom of our ancestors, the punishment instituted for parricide was as follows: A parricide is flogged with blood-colored rods, then sewn up in a sack with a dog, a dunghill cock, a viper, and a monkey; then the sack is thrown into the depths of the sea. This is the procedure if the sea is close at hand; otherwise, he is thrown to the beasts, according to the constitution of the deified Hadrian. 1. Those who kill persons other than their mother, father , grandfather, or grandmother (who, as we have said above, are punished in the traditional way) shall be punished capitally or put to the extreme penalty. Truly, if anyone kills a parent in a fit of madness, he shall not be punished, as the deified brothers wrote in a rescript in the case of a man who had killed his mother in a fit of madness; for it was enoughfor him to be punished by the madness itself, and he must be guarded the more carefully, or even confined with chains. 10 PAUL,Penalties under All the Laws, sole book: An accusation is always allowed against those who can be liable to the penalty for parricide. 10 LEX CORNELIAON FALSEHOODS AND THE SENATUS CONSULTUM LIBONIANUM 1 MARCIAN, Institutes, book 14: The penalty of the lex Cornelia is imposed on a person who with malicious intent conspires for the giving of false witness or the delivering one after another of false evidence. 1. Again, he who takes money for furnishing 336 BOOK FORTY-EIGHT IFALSEHOODS 3 MARCIAN, Institutes, book 14: It must be known that first cousins are included under the lex Pompeia, but that others of an equal or closer dewee of kindred are not similarly covered. Stepmothers and betrothed persons are left out, but are covered by the spirit of the law, 4 MARCIAN, Criminal Proceedings, book 1: since the father and mother of the betrothed , male or female, are contained in the term "fathers-in-law" as are those engaged to one's children in the term "sons-in-law." 5 MARCIAN, Institutes, book 14: It is said that when a certain man had killed in the course of a hunt his son, who had been committing adultery with his stepmother, the deified Hadrian deported him to an island [because he acted] more [like] a brigand in killing him than as [one] with...


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