Ulpianus, Opinions, Book XVI. The castrensian property of a soldier who died intestate cannot be claimed by the Treasury, if he left a lawful heir, who is within the sixth degree; or one next of kin in the same degree demands prætorian possession within the prescribed time.

The Same, Opinions, Book XVI. The slaves of a son-in-law having been accused by his father-in-law of administering poison, the Governor of the province decided that the father had been guilty of malicious prosecution. I gave it as my opinion that the father of the deceased should not be included among persons who are infamous, since although a criminal prosecution might be instituted by the children for the death of the daughter, the father could bring the accusation without any risk.

The Same, Opinions, Book XVI. Anyone belonging to another province, who is accused of crime, should be prosecuted and convicted where the crime is proved to have been committed, which our most excellent Emperor stated in general terms should also be observed with reference to soldiers.

Papinianus, Opinions, Book XVI. Again, when a stranger brings an accusation, it has been established that slaves can be tortured to obtain evidence against their masters; a rule which the Divine Marcus, and afterwards the Emperor Maximus, followed in rendering their decisions. 1Slaves are not tortured against their master where a charge of fornication is made. 2In a case of fraudulent birth, if a person whom the other children assert is not their brother claims the estate, torture shall be applied to slaves belonging to the estate, for the reason that it is not employed against the other children as masters, but in order to determine the succession of the deceased owner. This agrees with what the Divine Hadrian stated in a Rescript, for when a man was accused of having murdered his partner, the Emperor decreed that a slave owned in common could be put to the question, because this appeared to be done in behalf of his master who had been killed. 3I gave it as my opinion that where a slave has been sentenced to the mines, he should not be tortured to obtain evidence against the person who had been his master, and that it made no difference if he had confessed that he had been the perpetrator of the crime.

The Same, Opinions, Book XVI. A slave cannot be sentenced to perpetual labor on the public works; and, with much more reason, he cannot be sentenced to labor dn them for a term. Therefore, in a case where one who was condemned to the public works for a term, through mistake, I gave it as my opinion that, after the time had expired, the slave should be restored to his master. 1I also gave it as my opinion that, according to the Decree of the Senate, those persons are liable to the penalty of informers who, by the intervention of a third party, caused an informer to commit the offence.

Papinianus, Opinions, Book XVI. The Treasury retained the property of a man who was deported to an island, after his punishment had been remitted. It is established that creditors before his conviction have no rights of action against him who was their former debtor. If, however, he recovers his property with the restitution of his rank, prætorian actions will not be necessary, for direct actions will lie.

The Same, Opinions, Book XVI. A sentence cannot adjudge property to the Treasury without including the penalty for perpetual exile. 1I gave it as my opinion that he who asked that the risk of a common conviction be divided, because the parties convicted would be solvent if the alienations which they had fraudulently made should be revoked, did not appear to have given information to the Treasury of a case in which money was involved.