Modestinus, Pandects, Book XII. So far as our law is concerned, it is not easy to go beyond the seventh degree, when a question arises with reference to natural relationship, as nature hardly permits the existence of cognates to extend beyond that degree. 1The term “cognates” is thought to be derived from the fact that relatives are descended from one ancestor, or have a common origin or birth. 2Relationship among the Romans is understood to be two fold, for some connections are derived from the Civil and others from Natural Law, and sometimes both coincide, so that the relationship by the Natural and the Civil Law is united. And, indeed, a natural connection can be understood to exist without the civil one, and this applies to a woman who has illegitimate children. Civil relationship, however, which is said to be legal, arises through adoption without Natural Law. Relationship exists under both laws when a union is made by marriage lawfully contracted. Natural relationship is designated by the term cognation; but civil relationship, although it may very properly be designated by the same name, is more accurately styled agnation, which has reference to relationship derived through males. 3As certain special rights exist with reference to persons connected by affinity, it is not foreign to the subject to briefly discuss this connection. Persons related by affinity are the cognates of husband and wife, so called for the reason that two relationships, differing from one another, are joined by marriage, and one is transferred to the other. For affinity is derived from marriage. 4The following are the terms of affinity, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, and stepdaughter. 5There are no degrees of affinity. 6The father of the husband or the wife, is called the father-in-law, and the mother of either of them is called the mother-in-law. Among the Greeks the father of the husband was called hekuros and the mother hekura, the father of the wife was called penveros and the mother penvera. The wife of the son is called the daughter-in-law, the husband of a daughter the son-in-law. A second wife is called the stepmother of children born of a former one; the husband of a mother having children by a former husband is called the stepfather, and children born of either of them are designated stepsons, and stepdaughters; a father-in-law may also be denned as the father of my wife, and I am his son-in-law. The grandfather of my wife is called my grandfather-in-law, and I am his grandson-in-law; on the other hand, my father is the father-in-law of my wife, and she is his daughter-in-law, and my grandfather is her grandfather-in-law, and she is his granddaughter-in-law; likewise, the grandmother of my wife is my grandmother-in-law, and I am her grandson-in-law; and my mother is the mother-in-law of my wife, and she is her daughter-in-law; and my grandmother is her grandmother-in-law, and my wife is her granddaughter-in-law. The stepson of my wife is the son of her former husband, and I am his stepfather; on the other hand, my wife is said to be the stepmother of children whom I have by a former wife, and my children are her stepchildren. The brother of a husband is the brother-in-law of his wife, and is called by the Greeks dayr, as is stated by Homer. The sister of the husband is a sister-in-law of the wife called by the Greeks galos. The wives of two brothers are called sisters-in-law, designated among the Greeks as einateres, which Homer also mentions. 7It is wrong for such persons to contract marriage reciprocally for the reason that, on account of their affinity, they bear the relation of parents and children to one another. 8It must be remembered that neither cognation nor affinity can exist unless the marriage which gives rise to affinity is not forbidden by law. 9Freedmen and freedwomen can become connected with one another by affinity. 10A child given in adoption, or emancipated, retains all the relationship by cognation and affinity which he formerly possessed, but he loses the rights of agnation. But with reference to the family into which he came by adoption, no one is his cognate except his adoptive father, and those to whom he becomes the agnate. No one belonging to the adoptive family is related to him by affinity. 11Anyone who has been interdicted from fire and water, or has lost his civil rights in any way, so as to have forfeited his freedom and his citizenship, also loses all his connections of cognation and affinity which he previously had.

Modestinus, 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.

The Same, Pandects, Book XII. By a decree of the Senate it is ordered that anyone who offers sacrifices for the purpose of causing misfortune shall be subjected to the penalty of this law.

Modestinus, Pandects, Book XII. The penalty of parricide, as prescribed by our ancestors, is that the culprit shall be beaten with rods stained with his blood, and then shall be sewed up in a sack with a dog, a cock, a viper, and an ape, and the bag cast into the depth of the sea, that is to say, if the sea is near at hand; otherwise, it shall be thrown to wild beasts, according to the Constitution of the Divine Hadrian. 1Those who kill other persons than their father and mother, their grandfather and grandmother, whom we have stated above, are punished according to the custom of our ancestors, either suffer a capital penalty, or are sacrificed to the gods. 2When anyone, while insane, kills his parents, he shall go unpunished, as the Divine Brothers stated in a Rescript with reference to a man who, being insane, killed his mother; for it is sufficient for him to be punished by his insanity alone, but he must be guarded with great care, or else be kept in chains.

The Same, Pandects, Book XII. He who makes or carves a false seal is liable under the Cornelian Law relating to Wills. 1In case of the substitution of a child, the parents alone, or those who have an interest in the matter, are entitled to bring the accusation, but none of the people can institute a public prosecution.

Modestinus, Pandects, Book XII. It is provided by the Imperial Mandates that the property of persons who are sought for shall be sealed up during the year, and if they return, and offer proper excuses, they shall have it restored to them. If, however, they do not answer, and no one appears to defend them, after a year has elapsed, their property shall be confiscated to the Treasury. 1And, during the intermediate year, any movable property belonging to them may be sold, in order to prevent it being spoiled by delay, or destroyed, and the proceeds thereof shall be deposited; as authorized by the Divine Severus and Antoninus. 2The Divine Trajan stated in a Rescript that crops also are considered movable property. 3Care, however, should be taken that the fugitive shall, in the meantime, be paid nothing by his debtors, lest by this means his flight may be aided.

The Same, Pandects, Book XII. If anyone remains for a long time under an accusation, his punishment should, to some extent, be mitigated; for it has been decided that those who have been accused for a considerable time should not be punished as severely as those who have been tried and convicted without delay. 1No one can be sentenced to be thrown down from a rock.