Corpus iurisprudentiae Romanae

Repertorium zu den Quellen des römischen Rechts

Digesta Iustiniani Augusti

Recognovit Mommsen (1870) et retractavit Krüger (1928)
Convertit in Anglica lingua Scott (1932)
Maec.iud. publ.
De publicis iudiciis lib.Maeciani De publicis iudiciis libri

De publicis iudiciis libri

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Ex libro V

Dig. 48,6,8Mae­cia­nus li­bro quin­to pu­bli­co­rum. Le­ge Iu­lia de vi pu­bli­ca ca­ve­tur, ne quis reum vin­ciat im­pe­diat­ve, quo mi­nus Ro­mae in­tra cer­tum tem­pus ad­sit.

Marcianus, Public Prosecutions, Book V. By the Julian Law relating to Public Violence, it is provided that no one can bind an accused person, or prevent him from appearing at Rome within a certain time.

Ex libro X

Dig. 48,1,11Mae­cia­nus li­bro de­ci­mo de iu­di­ciis pu­bli­cis. Ser­vus per pro­cu­ra­to­rem do­mi­ni ae­que ac per do­mi­num de­fen­di pot­est.

Marcianus, On Public Prosecutions, Book X. A slave can be defended by an attorney appointed by his master, just as well as by his master himself.

Ex libro XI

Dig. 29,5,14Mae­cia­nus li­bro un­de­ci­mo de pu­bli­cis iu­di­ciis. Ex­ci­piun­tur se­na­tus con­sul­to Si­la­nia­no im­pu­be­res ser­vi. Tre­bius au­tem Ger­ma­nus le­ga­tus et­iam de im­pu­be­re su­mi ius­sit sup­pli­cium et ta­men non si­ne ra­tio­ne: nam is puer nec mul­tum a pu­be­ri ae­ta­te ab­erat et ad pe­des do­mi­ni cu­bue­rat cum oc­ci­de­re­tur nec post­ea cae­dem eius pro­di­de­rat. ut enim opem fer­re eum non po­tuis­se con­sta­bat, ita si­len­tium prae­sti­tis­se et­iam post­ea cer­tum erat, et his dum­ta­xat im­pu­be­ri­bus se­na­tus con­sul­to par­ci cre­de­bat, qui tan­tum sub eo­dem tec­to fuis­sent: qui ve­ro mi­nis­tri vel par­ti­ci­pes cae­dis fuis­sent et eius ae­ta­tis, quam­quam non­dum pu­be­ris, ut rei in­tel­lec­tum ca­pe­re pos­sent, his non ma­gis in cae­de do­mi­ni quam in ul­la alia cau­sa par­ci opor­te­re.

Marcianus, On Public Prosecutions, Book XI. Slaves who have not reached the age of puberty are excepted from the operation of the Silanian Decree of the Senate. The Deputy, Trebius Germanus, however, ordered punishment to be inflicted upon a slave under the age of puberty; and this was not without reason, because the boy was very little under that age, and was sleeping at the feet of his master at the time when he was killed, and did not afterwards disclose that he had been murdered. As it was proved that he was unable to have assisted him, it was also certain that he afterwards kept silent; and it was held that boys under the age of puberty could only be excused from liability under the Decree of the Senate, where they had merely been under the same roof with their master, but where such slaves had been the principals or accomplices in the crime, and were of such an age as to understand what they were doing (even though they may not have reached the age of puberty), they should not be excused from responsibility for the murder of their master any more than for anything else.