restricted access 20. PROPERTY OF CONDEMNED PERSONS
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368 BOOK FORTY-EIGHT/PROPERTY O F THE CONDEMNED claimed under or based upon it. 7. Anyone who opens, recounts, or unseals the will of a person in his lifetime is liable to the penalty of the lex Cornelia; and generally those of lower rank are condemned to the mines; those of higher status, deported to an island. 8. If anyone proves that a document [relevant to] his lawsuit has been revealed by his procurator to his opponent, the procurator, if he is of lower rank, is condemned to the mines, if of higher status, forfeits half his property and is relegated permanently. 9. If anyone with whom documents have been deposited returns them to someone else in [the depositor's] absence or betrays them to his opponent, he is condemned to the mines or deported to an island according to his personal standing. 10. If judges delegate are alleged to have been corrupted with money, they are generally either removed from [their] court or sent into exile or relegated for a fixed period by the governor. 11. A soldier who has broken out of prison after being given a sword suffers capital punishment. Someone who has deserted along with the man whom he was guarding is liable to the same penalty. 12. A soldier who has attempted suicide but has not carried it through must suffer capital punishment, unless he did so because of unbearable pain or sickness or some sort of grief or for some other cause in which case he is to get a dishonorable discharge. 39 TRYPHONINUS, Disputations, book 10: Cicero, in his speech pro Cluentio Habito, wrote that when he was in Asia a certain woman of Miletus had been condemned for a capital offense because, after taking money from the substituted heirs, she herself aborted her own child with drugs. But if [a woman], because she is pregnant, does violence in some way to her womb after her divorce so as to avoid giving a son to her husband who is now hateful, she is to be punished by temporary exile, as has been written in a rescript by our most noble emperors. 40 PAUL,Decrees, book 3: It was decided to deport Metrodorus to an island, since he knowingly harbored a fleeing enemy, and to relegate Philoctetes to an island because, though he knew the man was being concealed, he kept the matter quiet for a long time. 41 PAPINIAN, Definitions, book 2: The sanction of the statutes, which in most recent times imposes a fixed penalty on those who fail to comply with the provisions of a statute , is not seen as applying to those special cases to which a penalty is specifically attached by the statute itself. There is no doubt that in all other [aspects] of the law the particular derogates from the general, nor indeed is it likely that a single offense should be punished on different assessments under the same statute. 42 HERMOGENIAN, Epitome of Law, book 1: In the interpretation of the statutes punishments should be mitigated rather than made harsher. 43 PAUL,Replies, book 1: The Emperor Antoninus wrote in a rescript to Aurelius Atilianus: "A governor cannot forbid anyone to practice his profession beyond the term of his own administration." 1 . The same [emperor] gave the opinion that a person who by his own crime has lost the status of a decurion cannot claim the status of a decurion's son to avoid punishment. 20 PROPERTY OF CONDEMNED PERSONS 1 CALLISTRATUS, Law o f the Imperial Treasury and the People, book 1: On [a man's] condemnation to lose life or citizenship or to be reduced to slavery, [his] property is confiscated. 1. Although [children]conceivedbefore but born after condemnationtake their portions from the property of their condemned fathers. 2. However, children 368 BOOK FORTY-EIGHT /PROPERTY OF THE CONDEMNED claimed under or based upon it. 7. Anyone who opens, recounts, or unseals the will of a person in his lifetime is liable to the penalty of the lex Cornelia; and generally those of lower rank are condemned to the mines; those of higher status, deported to an island. 8. If anyone proves that a document [relevant to] his lawsuit has been revealed by his procurator to his opponent, the procurator, if he is of lower rank, is condemned to the mines, if of higher status, forfeits half his property and is relegated permanently. 9. If anyone with whom documents have been deposited returns them...


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