1Ulpianus, On the Duties of Proconsul, Book VII. The crime of lese majesty may closely resemble that of sacrilege. 1The crime of lese majesty is committed against the Roman people, or against their safety, and he is guilty of it by whose agency measures are maliciously taken for the death of hostages, without the order of the Emperor; or when men armed with weapons or stones appear in the city, or are assembled against the State, and occupy public places or temples; or where assemblies have been called together, or men convoked for sedition; or where, by the malicious aid and advice of anyone, plans have been formed by which the magistrates of the Roman people, or other officials invested with command or authority may be killed; or where anyone bears arms against the government, or sends a messenger or letter to the enemies of the Roman people, or communicates to them any password; or commits any act with malicious intent by means of which the enemies of the Roman people may be assisted in their designs against the government; or where anyone solicits or inflames soldiers, in order that a sedition or a tumult may be excited against the State.

2The Same, Disputations, Book VIII. Or when an officer does not depart from a province when his successor arrives; or deserts from the army; or flees to the enemy as a private individual; or who, knowing a statement to be false, inserts it in the public records, or reads it after it has been placed there, for this also is included in the First Section of the Law of lese majesty.

3Marcianus, Institutes, Book XIV. The Law of the Twelve Tables directs that anyone who stirs up an enemy, or who delivers a citizen to him, shall be punished capitally. And the Julian Law on lese majesty provides that he who injures the dignity of the State shall be liable, just as one who has submitted to the enemy in war, or occupied a castle, or surrendered a camp. He is liable under the same law who engages in hostilities, without the order of the Emperor; or levies soldiers, or equips an army; or, when his successor arrives in the province, does not deliver the army to him, or who relinquishes his command, or deserts the military service of the Roman people; or who, being a private individual, knowingly and fraudulently performs some act of authority or magistracy; or causes any of the things above mentioned to be done.

4Scævola, Rules, Book IV. He by whose malicious contrivance anyone is compelled to swear to something against the State, or the army of the Roman people has been led into ambush or betrayed to the enemy; or who, with malicious intent, has prevented the enemy from falling into the power of the Roman people; or by whose agency the enemies of the Roman people have been furnished with provisions, arms, darts, horses, money, or anything else; or who has induced friends to become enemies of the Roman people, or with malicious design, has induced the king of a foreign nation to be less obedient to the Roman people; or by his malicious schemes has caused more hostages, money, and beasts of burden to be given to the enemies of the Roman people, to the injury of his country. Likewise, he who, after the culprit has confessed his crime in court, and been placed in prison, enables the latter to escape. 1He who melts down statues of the Emperor which have been rejected is released from liability for this crime by the Senate.

5Marcianus, Rules, Book V. He does not commit the crime of lese majesty, who repairs the statues of the Emperor which have become damaged by age. 1Nor does he commit the crime of lese majesty who, having thrown a stone without aiming at anything, accidentally strikes a statue of the Emperor; and this was stated by Severus and Antoninus in a Rescript addressed to Julius Cassianus. 2The same Emperor stated in a rescript to Pontius that to sell the statues of the Emperor which had not yet been consecrated was not lese majesty.

6Venuleius Saturninus, On Public Prosecutions, Book II. Those who melt down the statues of the Emperor which have already been consecrated, or commit any other act of this kind, are liable under the Julian Law relating to lese majesty.

7Modestinus, Pandects, Book XII. Persons who are infamous and have no right to bring an accusation are undoubtedly permitted to bring this one. 1Soldiers, also, who cannot defend other causes, can act in this proceeding; for as they guard the peace, they, much more than others, should be permitted to bring this accusation. 2Slaves, also, should be heard as accusers in cases of this kind, even against their masters, as well as freedmen against their patrons. 3This accusation, however, should not be considered by judges as affording an opportunity to show their veneration for the majesty of the Emperor, for this should only be done where the charge is true; for the personal character of the accused should be taken in account, and whether he could have committed the offence, as well as whether he had previously done or planned anything of the same nature, and also if he was of sane mind, for a slip of the tongue ought not inconsiderately be held as deserving of punishment. For, although rash persons ought to be punished, still, they should be excused, just as lunatics are, when the offence is not included in the strict terms of the law; or if it should be punished, as resembling one specified by the law. 4The crime of lese majesty committed by defacing statues or portraits is much worse when perpetrated by soldiers.

8Papinianus, Opinions, Book XIII. Women are also heard in cases involving lese majesty. A woman named Julia revealed the conspiracy of Lucius Cataline, and furnished the Consul, Marcus Tullius, the evidence upon which to base the prosecution.

9Hermogenianus, The Law, Book V. The Divine Severus decided that the property of freedmen who have been convicted of the crime of lese majesty shall be preserved for their children, and shall be confiscated to the Treasury if no child of the convicted person should appear.

10The Same, Epitomes of Law, Book VI. He can be accused of lese majesty by whose aid, advice, or malicious contrivance a province or a city has been delivered to the enemy.

11Ulpianus, Disputations, Book VIII. He who dies while an accusation against him is pending retains his civil status unimpaired, for the crime is extinguished by death, unless he was accused of lese majesty; for if he is not cleared of this offence by his successors, his estate will be forfeited to the Treasury. It is evident that not everyone accused of lese majesty under the Julian Law is in this position, but only he who is guilty of high treason, and is animated by hostile intent against the State or the Emperor. For if anyone is accused under any other section of the Julian Law on lese majesty, he will be released from the charge by death.