ex Cornelia on forgery, otherwise called the statute of wills,
inflicts penalties on all who shall write, seal, or read a forged will
or other document, or shall substitute the same for the real original,
or who shall knowingly and feloniously make, engrave, or use a false
seal. If the criminal be a slave, the penalty fixed by the statute is
death, as in the statute relating to assassins and poisoners: if a free
man, deportation.
8 The lex Iulia, relating to public or private violence, deals with
those persons who use force armed or unarmed. For the former,
the penalty fixed by the statute is deportation; for the latter,
confiscation of one third of the offender's property. Ravishment of
virgins, widows, persons professed in religion, or others, and all
assistance in its perpetration, is punished capitally under the
provisions of our constitution, by reference to which full information
on this subject is obtainable.
9 The lex Iulia on embezzlement punishes all who steal money or other
property belonging to the State, or devoted to the maintenance of
religion. Judges who during the term of office embezzle public money are
punishable with death, as also are their aiders and abettors, and any
who receive such money knowing it to have been stolen. Other persons who
violate the provisions of this statute are liable to deportation.
10 A public prosecution may also be brought under the lex Fabia relating
to manstealing, for which a capital penalty is sometimes inflicted under
imperial constitutions, sometimes a lighter punishment.
11 Other statutes which give rise to such prosecutions are the lex Iulia
on bribery, and three others, which are similarly entitled, and which
relate to judicial extortion, to illegal combinations for raising the
price of corn, and to negligence in the charge of public moneys. These
deal with special varieties of crime, and the penalties which they
inflict on those who infringe them in no case amount to death, but are
less severe in character.
12 We have made these remarks on public prosecutions only to enable you
to have the merest acquaintance with them, and as a kind of guide to a
fuller study of the subject, which, with the assistance of Heaven, you
may make by reference to the larger volume of the Digest or Pandects.
THE END OF THE INSTITUTES OF JUSTINIAN
End of the Project Gutenberg EBook of The Institutes of Justinian, by
Caesar Flavius Justinian
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