11. LEX JULIA ON EXTORTION
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BOOK FORTY-EIGHTIEXTORTION LEX JULIA ON EXTORTION 1 MARCIAN, Institutes, book 14: The lex Julia on extortion applies to those monies taken by anyone holding a magistracy, a position of power or administration, a legateship , or any other office, duty, or public employment, or while he is on the staff of any of these. 1. The law makes an exception for those from whom it is legitimate to accept [things], from cousins or blood relations of a closer degree or from a wife. 2 SCAEVOLA, Rules, book 4: This statute also admits an action against the heirs, provided that it be within one year of the death of the accused. 3 MACER,Criminal Proceedings, book 1: Under the lex Julia on extortion anyone is liable who, while holding any [positionof] power, accepts money in return for giving or not giving a judgment or passing sentence, 4 VENULEIUS SATURNINUS, Criminal Proceedings, book 3: or for doing more or less than his duty. 5 MACER,Criminal Proceedings, book I: Under this statute the companions of those holding judicial office are also liable to judgment. 6 VENULEIUS SATURNINUS, Criminal Proceedings, book 3: Under the same statute are liable those who accept money for giving or withholding evidence. 1. A person condemned under this law is prohibited from giving evidence publicly, from being a judge, or from bringing an accusation. 2. The lex Julia on extortion provides that no one is to accept cash for the appointing or posting of a soldier, nor to accept money to deliver his opinion in the senate or in any public council, or for lodging or not lodging an accusation; and that the urban magistrates shall refrain from all meanness and that they shall not accept any gift or favor in one year to the value of more than one hundred aurei. 7 MACER,Criminal Proceedings, book 1: The lex Julia on extortion lays down that no one shall take anything for the purpose of providing a judge or arbiter, or changing him, or ordering him to give judgment; nor for not providing, not changing, or not ordering him to give judgment; nor for throwing a man into the public prison, binding him, or ordering him to be bound, or releasing him from his chains; nor for condemning or acquitting any man; nor for assessing damages, or giving or not giving a judgment involving status or money. 1. However, it seems that the law allows the acceptance of an unrestricted amount from the excepted persons, but nothing at all, not even the smallest amount, from any of those set out in this chapter. 2. It is also provided that no credit is to be given for the carrying out of public works, for the giving, providing, or importing of corn for the public, or for the maintaining of buildings in good repair, before they are completed, approved, and answered for according to law. 3. Nowadays offenders under the law on extortion are punished extra ordinem, for the most part by exile, or some even harsher penalty, depending on what they have committed. What, then, if they accept money for killing a man, or, even if they have not accepted [money], are impelled by passion to kill an innocent man or one whom they ought not to have punished? They should suffer capital punishment, or at least deportation to an island, and most are punished in this way. 8 PAUL,Edict, book 54: Anything given to a proconsul or praetor in breach of the 344 BOOK FORTY-EIGHT/EXTORTION 11 LEX JULIA ON EXTORTION 1 MARCIAN, Institutes, book 14: The lex Julia on extortion applies to those monies taken by anyone holding a magistracy, a position of power or administration, a legateship , or any other office, duty, or public employment, or while he is on the staff of any of these. 1. The law makes an exception for those from whom it is legitimate to accept [things], from cousins or blood relations of a closer degree or from a wife. 2 SCAEVOLA, Rules, book 4: This statute also admits an action against the heirs, provided that it be within one year of the death of the accused. 3 MACER, Criminal Proceedings, book 1: Under the lex Julia on extortion anyone is liable who, while holding any [position of] power, accepts money in return for giving or not giving a judgment or passing sentence, 4 VENULEIUS SATURNINUS, Criminal Proceedings, book 3: or for doing more or less than his duty...


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