De lege Iulia repetundarum
(Concerning the Julian Law on Extortion.)
1Marcianus, Institutes, Book XIV. The Julian Law on Extortion has reference to money received by someone who holds the position of magistrate, or who is invested with some degree of power, or administration, or with the office of Deputy, or any other public employment or occupation whatsoever; and also applies to the attendants of the above-mentioned dignitaries. 1The law excepts those from whom it is permitted to receive money, for instance, from cousins, from near relatives, and from a wife.
3Macer, Public Prosecutions, Book I. He is liable under the Julian Law relating to Extortion who, while invested with any authority, accepts money for rendering a judgment or decree;
4Venuleius Saturninus, Public Prosecutions, Book III. Or for doing more or less than he was obliged to do in the performance of his official duty.
5Macer, Public Prosecutions, Book I. The attendants of judges can also be prosecuted under this law.
6Venuleius Saturninus, Public Prosecutions, Book I. Those are liable under the same law who receive money either for testifying, or for not testifying. 1He who is convicted under this law is forbidden to testify in public, or to be a judge, or to prosecute a crime. 2It is provided by the Julian Law relating to Extortion that: “No one shall take money for the purpose of enlisting or discharging a soldier, nor shall anyone accept money for giving his opinion in the Senate or in a public council, or to accuse, or not to accuse anyone; and city magistrates must abstain from all kinds of corruption, and not receive in gifts or presents more than a hundred aurei during the entire year.”
7Macer, Public Prosecutions, Book I. The Julian Law on Extortion prescribes that: “No one shall receive anything as an inducement to render a judgment or a decree, or for changing his opinion; or to prevent him from rendering a decision; or to throw a person into prison, or put him in chains; or order him to be chained, or delivered from his chains; or to convict or acquit a man; or to appraise the amount of a judgment; or to sentence anyone to a capital or a pecuniary penalty, or to refrain from doing so.” 1It is, however, apparent that the law permits all those, excepting such as have been excepted, to receive money without limit; but those enumerated in this Section are not allowed to receive anything from anybody. 2It is also provided: “That no public work which is to be constructed shall be accepted as completed, nor any public provisions which are to be distributed held to be transferred or obtained, nor any buildings considered as repaired, before they have been finished, accepted, and delivered according to law.” 3Persons guilty of extortion are at present arbitrarily dealt with by the law, and they are generally punished with exile, or even more severely, according to the crime which they have committed. What, however, should be done if they accept money as a reward for killing a man? Or even if they do not accept it, but, impelled by rage, they kill an innocent person, or one whom they should not punish? They should undergo a capital penalty, or be deported to an island, as indeed most of them are.
8Paulus, On the Edict, Book LIV. When anything is donated to a Proconsul or a Prætor, in violation of the law on extortion, he cannot acquire it by usucaption. 1The same law provides that: “Sales or leases made for a greater or a less price than is just are for this reason void, and usucaption is prevented before the property comes into the hands of him who had it, or his heir.”
9Papinianus, Opinions, Book XV. Those who, in consideration of money paid to them, relinquish a public employment, are criminally prosecuted for extortion.