12.9. 9. The same Subject continued.
Paulinus having written to the
Emperor Alexander that "he was preparing to prosecute for high treason a
judge who had decided contrary to his edict," the emperor answered,
"that under his reign there was no such thing as indirect high
treason."
[24]
Faustinian wrote to the same emperor that as he had sworn by the
prince's life never to pardon his slave, he found himself thereby
obliged to perpetuate his wrath, lest he should incur the guilt of laeesa
majestas. Upon which the emperor made answer, "Your fears are
groundless,
[25]
and you are a stranger to my principles."
It was determined by a senatus-consultum
[26]
that whosoever melted down any of the emperor's statues which happened to be rejected should
not be deemed guilty of high treason. The Emperors Severus and Antoninus
wrote to Pontius
[27]
that those who sold unconsecrated statues of the
emperor should not be charged with high treason. The same princes wrote
to Julius Cassianus that if a person in flinging a stone should by
chance strike one of the emperor's statues he should not be liable to a
prosecution for high treason.
[28]
The Julian law requires this sort of
limitations; for in virtue of this law the crime of high treason was
charged not only upon those who melted down the emperor's statues, but
likewise on those who committed any such like action,
[29]
which made it an arbitrary crime. When a number of crimes of laesa majestas had been
established, they were obliged to distinguish the several sorts. Hence
Ulpian, the civilian, after saying that the accusation of laesa majestas
did not die with the criminal, adds that this does not relate to all the
treasonable acts established by the Julian law,
[30]
but only to that which implies an attempt against the empire, or against the emperor's
life.
Footnotes
[24]
Etiam ex aliis causis majestatis crimina cessant meo sæculo --
Leg. 1. Cod., ix, tit. 8, ad leg. Jul. Majest.
[25]
Alienam sectæ meæ solicitudinem concepisti. — Leg. 2, Cod., iii,
tit. 4, ad leg. Jul. Majest.
[26]
Leg. 4, 1, ff. ad leg., Jul. Majest., xlviii, tit. 4.
[27]
See Leg. 5, 2, ff. ibid.
[29]
Aliudve quid simile admiserint — Leg. 6, ff. ad leg. Jul.
Majest.
[30]
In the last law, ff. ad leg. Jul. de adulteriis.
