enemy (-proditio-), and in that of
violent rebellion against the magistracy (-perduellio-). But the
public peace was also broken by the foul murderer (-parricida-),
the sodomite, the violator of a maiden's or matron's chastity, the
incendiary, the false witness, by those, moreover, who with evil
spells conjured away the harvest, or who without due title cut
the corn by night in the field entrusted to the protection of the
gods and of the people; all of these were therefore dealt with as
though they had been guilty of high treason. The king opened and
conducted the process, and pronounced sentence after conferring with
the senators whom he had called in to advise with him. He was at
liberty, however, after he had initiated the process, to commit
the further handling and the adjudication of the matter to deputies
who were, as a rule, taken from the senate. The later extraordinary
deputies, the two men for adjudicating on rebellion (-duoviri
perduellionis-) and the later standing deputies the "trackers of
murder" (-quaestores parricidii-) whose primary duty was to search
out and arrest murderers, and who therefore exercised in some
measure police functions, do not belong to the regal period, but may
probably have sprung out of, or been suggested by, certain of its
institutions. Imprisonment while the case was undergoing investigation
was the rule; the accused might, however, be released on bail.
Torture to compel confession was only applied to slaves. Every one
convicted of having broken the public peace expiated his offence with
his life. The modes of inflicting capital punishment were various:
the false witness, for example, was hurled from the stronghold-rock;
the harvest-thief was hanged; the incendiary was burnt. The king
could not grant pardon, for that power was vested in the community
alone; but the king might grant or refuse to the condemned permission
to appeal for mercy (-provocatio-). In addition to this, the law
recognized an intervention of the gods in favour of the condemned
criminal. He who had made a genuflection before the priest of
Jupiter might not be scourged on the same day; any one under fetters
who set foot in his house had to be released from his bonds; and
the life of a criminal was spared, if on his way to execution he
accidentally met one of the sacred virgins of Vesta.

Punishment of Offenses against Order

The king inflicted at his discretion fines payable to the state for
tre