Modestinus, On Punishments, Book I. Where a freedman has summoned his patron to court without permission being granted under the Edict, on complaint of the patron he will be liable for the above-mentioned penalty, that is to say, for fifty aurei; or he may be chastised by the Prefect of the City, as lacking in respect, if it is ascertained that he has no property.

Modestinus, Concerning Penalties, Book I. Therefore, double the amount of what the purchaser either paid, or bound himself for with reference to the sale, will be due. According to this, whatever either of the parties may pay will not operate to release the other; because it has been decided that this action is a penal one. Hence, it is not granted after the lapse of a year, nor can it be brought against the successors of the person liable to it, as it is a penal action. 1Therefore, the action which arises from this Edict may, very properly, be said not to be extinguished by manumission, because it is true that the vendor cannot be sued after legal measures have been taken against him who demanded his freedom.

Modestinus, On Punishments, Book I. At present, those who fraudulently alter any Edicts which have been promulgated are punished with the penalty of forgery. 1If a vendor or a purchaser changes any measures used for wine, grain, or anything of this kind which have been publicly approved, or, with malicious intent, commits any other fraudulent act, he shall be condemned to pay double the value of the property; and it was provided by a Decree of the Divine Hadrian that those who used false weights or measures should be relegated to an island.

Modestinus, On Penalties, Book I. If anyone should do something by which weak-minded persons are terrified through superstition, the Divine Marcus stated in a Rescript that men of this kind should be relegated to an island.

Modestinus, On Penalties, Book II. Where several farmers of the revenue have unlawfully exacted something, the action to recover double damages is not multiplied, but all of them must pay their shares, and what cannot be paid by one shall be collected from another, as the Divine Severus and Antoninus stated in a Rescript; for they held that there was a great difference between persons who perpetrated a crime, and those who participated in the commission of a fraud.

Modestinus, On Penalties, Book II. Penalties involving the loss of property as the result of criminal prosecutions do not pass to the heirs, unless issue has been joined and conviction has followed; except in the cases of extortion and treason, which it has been decided can still be prosecuted even after the death of the defendants, against whom no proceedings previously had been taken, in order that their property might be confiscated to the Treasury; with reference to which the Divine Severus and Antoninus stated in a Rescript that after anyone had committed such a crime, he could neither alienate any of his property, nor manumit any of his slaves. But so far as other offences were concerned, the penalty could begin to be inflicted upon the heir only where the accusation had been made during the lifetime of the guilty party, even though conviction did not follow.

Modestinus, On Punishments, Book II. Where a creditor, without judicial authority, seizes the property of his debtor, he is liable under this law, will be fined a third part of his property, and will become infamous.

Modestinus, On Punishments, Book II. He who steals booty taken from the enemy is liable under the law relating to peculation, and shall be sentenced to pay quadruple damages.

Modestinus, On Punishments, Book II. This law is not at present in force at Rome, because the creation of magistrates is part of the duty of the Emperor, and does not depend upon the favor of the people. 1If anyone in a municipality should violate this law by soliciting either a political or a sacerdotal office, he is by a Decree of the Senate punished by a fine of a hundred aurei, and infamy. 2If anyone condemned under this law convicts another, he shall be entirely restored to his rights, but his money will not be returned. 3Likewise, he who establishes a new tax is liable to this penalty by the Decree of the Senate. 4If either an accused person, or an accuser, enters the house of his judge, he commits an unlawful act according to the Julian Law relating to Judges; that is to say, he will be ordered to pay a hundred aurei to the Treasury.

No translation given.

Modestinus, On Punishments, Book III. When anyone swears in a written instrument that property pledged belongs to him, thereby committing perjury, it becomes Stellionatus, and therefore the culprit should be sent into temporary exile.

Modestinus, On Punishments, Book III. The magistrate who is about to hear the cases of prisoners should invoke the aid of the most illustrious citizens, as well as of the most eminent advocates, if they all reside in the principal city of the province where he exercises jurisdiction. 1It is provided by a rescript that prisoners can be examined even on feast days, so that he may dismiss such as are innocent, and continue the cases of those who are guilty, and deserve severe punishment.

Modestinus, On Punishments, Book III. Those who voluntarily or maliciously commit murder are usually deported, if they are of high rank; but if they are of inferior station they are punished with death. This, however, is more excusable in decurions, where they have previously consulted the Emperor, and acted by his order; unless the tumult could not otherwise have been suppressed.

The Same, On Punishments, Book III. If anyone should make use of forged constitutions, without giving any authority for doing so, he will be forbidden the use of water and fire under the Cornelian Law.

Modestinus, On Punishments, Book III. The Divine Brothers stated in a Rescript that torture could be repeated. 1The Divine Pius stated in a Rescript that one who has made a confession implicating himself, shall not be tortured to obtain evidence against others.

The Same, On Punishments, Book III. The Governor should not, in order to obtain the favor of the people, discharge persons who have been condemned to be thrown to wild beasts. If, however, the culprits have strength or skill worthy of being used for the benefit of the Roman people, he should consult the Emperor. 1The Divine Severus and Antoninus stated in a Rescript, that it was not permitted to transfer persons who have been sentenced, from one province to another, without the consent of the Emperor.

Herennius Modestinus, On Punishments, Book IV. A prisoner should not readily be entrusted to a new recruit, for if he escapes, he who committed the prisoner to his care will be to blame. 1The custody of a prisoner should not be committed to one, but to two guards. 2Those who have lost their prisoners through negligence are either punished in proportion to their fault, or are reduced in rank. If the prisoner was of little importance, after the soldiers have been chastised, they shall be restored to their positions; but if anyone releases a prisoner through compassion, he will lose his rank in the army. If, however, he was guilty of fraud in letting him go, he is either punished with death, or degraded to the lowest place in the service. Sometimes he is pardoned, for when a prisoner flees with one of his guards, pardon is granted to the other. 3If the prisoner should kill himself, or precipitate himself from a height, the soldier will be to blame, that is to say, he will be punished. 4If the guard himself should kill the prisoner, he will be guilty of homicide. 5Therefore, if it is alleged that the prisoner died as the result of an accident, this must be proved by witnesses, and then the guard will be pardoned. 6In addition to this, when the prisoner escaped through the fault of his guard, if the latter still has an interest in apprehending him, it is customary, after proper cause is shown, for a certain time to be given him to look for the fugitive, after having taken another soldier with him. 7Where a fugitive slave, who should have been restored to his master, is allowed to escape, if the person to blame has the means to do so, Saturninus says he must pay the value of the slave to his master.

Modestinus, Concerning Punishments, Book IV. The Governor of a province shall send back a deserter to his own commander, after he has been heard, with a report, unless the deserter has committed some serious offence in the province in which he was found; for the Divine Severus and Antoninus stated in a Rescript that the penalty should be inflicted upon him in the place where he perpetrated the crime. 1Military punishments are of the following kinds: namely, castigation, fines, the imposition of additional duties, transfer to another branch of the service, degradation from rank, and dishonorable discharge; for soldiers are neither condemned to labor in the mines nor subjected to torture. 2A vagabond is one who having wandered for a long time, voluntarily returns to the camp. 3A deserter is one who, after having been absent for some time, is brought back. 4He who leaves the army for the purpose of scouting in the presence of the enemy, or who goes beyond the ditch surrounding the camp, shall be punished with death. 5He who abandons the post to which he has been assigned commits a greater offence than a vagabond; and he is therefore either punished in proportion to the gravity of his crime, or is deprived of his rank. 6He who leaves while performing the duty of sentinel for the Governor of a province, or any commander whomsoever, is guilty of the crime of desertion. 7When a soldier does not return on the day when his furlough expires, he must be treated as if he had wandered away, or deserted, according to the time he has been absent. He should, however, be given the opportunity of showing that he has been detained by accident, on acount of which he may appear to be excusable. 8Anyone who remains a deserter for the entire time of his service is deprived of the privileges of a veteran. 9If several soldiers desert simultaneously, and return within a certain time; after having been reduced in rank, they shall be distributed in different places, but indulgence should be shown to new recruits. If, however, they repeat the offence, they shall undergo the prescribed punishment. 10He who escapes to the enemy and returns shall be tortured, and sentenced to be thrown to wild beasts, or to the gallows, although soldiers are not liable to either of these penalties. 11He who, intending to escape, is caught, is punished with death. 12But where a soldier is captured by the enemy unexpectedly, while he is on a journey, he shall be granted pardon after the conduct of his former life has been investigated; and if he returns to the army after his term of service has expired, he shall be restored as a veteran, and shall be entitled to the privileges which veterans enjoy. 13A soldier who has lost his arms in time of war, or has sold them, is punished with death, and it is only through indulgence that he may be transferred to another branch of the service. 14Anyone who steals the arms of another should be degraded from his rank in the army. 15He who, in time of war, does something which has been forbidden by his commander, or does not obey his orders, is punished with death; even if the transaction was brought to a successful conclusion. 16He, however, who leaves the ranks, shall, according to circumstances, be beaten with rods, or compelled to change his branch of the service. 17When anyone crosses the intrenchments of the camp, or returns to it by the wall, he is punished with death. 18Anyone who leaps over the ditch shall be dismissed from the army. 19He who excites a violent sedition among the soldiers is punished with death. 20Where a tumult attended with clamor or moderate complaints arises, the soldier will then be degraded from his rank. 21When several soldiers conspire to commit some crime, or where a legion revolts, it is customary for them to be disbanded. 22Those who refuse to protect their commander, or abandon him, are punished with death if he should be killed.