Thus Manlius,
in spite of his magnificent services, was hurled from the Tarpeian
Rock, because he was convicted of an intention to seize upon the
government. Under the empire not only any attempt on the life of the
Emperor was treason, but disrespectful words or acts. The criminal was
even tried after death, that his memory might become infamous; and this
barbarous practice was perpetuated in France and Scotland as late as the
beginning of the seventeenth century. In England men have been executed
for treasonable words. Besides treason there were other crimes against
the State, such as a breach of the peace, extortion on the part of
provincial governors, embezzlement of public property, stealing sacred
things, bribery,--most of which offences were punished by pecuniary
penalties.

But there were also crimes against individuals, which were punished with
the death penalty. Wilful murder, poisoning, and parricide were
capitally punished. Adultery was punished by banishment, besides a
forfeiture of considerable property; Constantine made it a capital
offence. Rape was punished with death and confiscation of goods, as in
England till a late period, when transportation for life became the
penalty. The punishments inflicted for forgery, coining base money, and
perjury were arbitrary. Robbery, theft, patrimonial damage, and injury
to person and property were private trespasses, and not punished by the
State. After a lapse of twenty years without accusation, crimes were
supposed to be extinguished. The Cornelian, Pompeian, and Julian laws
formed the foundation of criminal jurisprudence. This however never
attained the perfection that was seen in the Civil Code, in which the
full maturity of Roman wisdom was reached. The emperors greatly
increased the severity of punishments, as was probably necessary in a
corrupt state of society. After the decemviral laws fell into disuse,
the Romans in the days of the republic passed from extreme rigor to
great lenity, as is observable in the transition from the Puritan regime
to our own times in the United States. Capital punishment for several
centuries was exceedingly rare, and was frequently prevented by
voluntary exile. Under the empire, again, public executions were
frequent and revolting.

Fines were a common mode of punishment with the Romans, as with the
early Germans. Imprisonment in a public jail was rare, the custom of
bail being in general use. Although retaliation was authoriz