restricted access 18. INVESTIGATIONS
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354 BOOK FORTY-EIGHTIINVESTIGATIONS either by edict or by letters addressed to the magistrates. 1. The imperial treasury's twenty years are therefore also counted from the time when the registration became public knowledge. 2. Finally, it should be noted that by no lapse of time may a wanted person who is registered be barred from defending his case. 5 MODESTINUS, Encyclopaedia, book 12: It is provided in mandates that within the year the property of wanted persons is [to be] sealed up, so that if they return and clear themselves they may have their property intact; if they neither reply nor have anyone to enter a defense on their behalf, then at the end of the year their property is collected for the imperial treasury. 1. Again, within the one-year period, if in the meantime there are any items of automotive property, the deified Severus and Antoninus have confirmed that they should be sold and the proceeds placed on deposit, so that they may not deteriorate by the delay or perish in any way. 2. The deified Trajan wrote in a rescript that fruits are also to be classed with automotive property. 3. Care must, however, be taken that a person who has absconded does not meantime receive any payments from his debtors, lest in this way means be furnished for him to flee. 18 INVESTIGATIONS 1 ULPIAN,Duties o f Proconsul, book 8: It is customary for torture to be applied to unearth crimes; but let us see when and how far this should be done. The deified Augustus laid down that one should not begin with the application of pain, and that reliance should not be placed entirely on torture, as is contained also in the deified Hadrian's letter to Sennius Sabinus. 1. The words of the rescript are as follows: "Recourse should only be had to the infliction of pain on slaves when the criminal is [already] suspect, and is brought so close to being proved [guilty] by other evidence that the confession of his slaves appears to be the only thing lacking." 2. The deified Hadrian wrote the same in a rescript to Claudius Quartinus; in which rescript he stated that a start should be made with the most suspect person and the man from whom the judge believes that he can most easily learn the truth. 3. It is declared in a rescript issued by the deified brothers to Lucius Tiberianus that persons produced by the accuser from his own household should not be summoned to the torture, nor should it readily be believed that she whom both her parents are said to have treated as their beloved daughter is a slave. 4. The same [emperors]sent a rescript to Cornelius Proculus that reliance should certainly not be placed on the torture of a single slave, but that the case should be examined by proofs. 5. The deified Antoninus and the deified Hadrian to Sennius Sabinus wrote in rescripts that when slaves were alleged along with their master to have sent gold and silver out of the country, they should not be questioned about the master in case they should of their own accord say something which would prejudice him. 6. The deified brothers wrote in a rescript to Lelianus Longinus that torture should not be applied to a slave belonging to an heir in matters concerning the inheritance, even though it had been suspected that the heir appeared to have sought the right of ownership over that [slave] by means of an imaginary sale. 7. It has very frequently been written in rescripts that a slave belonging to a municipality [may] be tortured in capital cases affecting the citizens because he is not their slave but the state's, and the same should be said of other slaves belonging to corporate bodies; for the slave appears to belong, not to a number of individuals, but to 354 BOOK FORTY-EIGHT IINVESTIGATIONS either by edict or by letters addressed to the magistrates. 1. The imperial treasury's twenty years are therefore also counted from the time when the registration became public knowledge. 2. Finally, it should be noted that by no lapse of time may a wanted person who is registered be barred from defending his case. 5 MODESTINUS, Encyclopaedia, book 12: It is provided in mandates that within the year the property of wanted persons is [to be] sealed up, so that if they return and clear themselves they may have...


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