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LEGES CORNELIAE.

. [falsum.] de proscriptions et proscriptis. [Piio-

8CRIPTIO.J

de provinciis ordinandis (Cic. ad Fain. i. 9, iii. 6, 8, 10).

de parricidio. [See below, lex de sica­riis.]

de re.tectione judicum (Cic. Verr. \\. 31 ; and Orellii Onomasticoii).

de repetundis (Cic. pro Rabir. 4).

de sacerdotiis. [sacerdotia.]

de sbntentia ferenda (Cic. pro Cluent. cc. 20, 27). This was probably only a chapter in a Lex Judicinria.

de sicariis et veneficis. A law of the Twelve Tallies contained some provision as to homicide (Plin. If. N. xviii. 3), but this is all that we know. It is generally assumed that the law of Numa Pompilius, quoted by Fes-tus (s. v. Parici Quacstores), " Si quis hominem liberum dolo sciens morti duit paricida esto," was incorporated in the Twelve Tables, and is the law of homicide to which Pliny refers ; but this can­not be proved. It is generally supposed that the laws of the Twelve Tables contained provisions against incantations (malum carmen) and poison­ing, both of which offences were also included under parricidium : the murderer of a parent was sewed up in a sack (culeus or CMtlcus) and thrown into a river. It was under the provisions of some old law that the senate by a consultum ordered the consuls P. Scipio and D. Brutus (u. c. 138) to in­quire into the murder in the Silva Scantia (Silva Sila, Cic. Brutus, 2'2). ... The lex Cornelia de si-cariis et veneficis was passed in the time of the dictator Sulla, b. c. 82. The lex contained provi­sions as to death or fire caused by dolus mains, and against persons going about armed with the intention of killing or thieving. The law not only provided for cases of poisoning, but contained pro­visions against those who made, sold, bought, possessed, or gave poison for the purpose of poison­ing ; also against a magistratus or senator who conspired in order that a person might be con­demned in a judicium publicum, &c. (Compare Cic. pro Cluent. c. 54, with Dig. 49. tit. 8.) To the provisions of this law was subsequently added a senatusconsultuni against mala sacrificia, other­wise called impia sacrincia, the agents in which were brought within the provisions of this lex. The punishment inflicted by the law was the in-terdictio aquae et ignis, according to some modern writers. Marcian (Dig. 49. tit. 8. s. 8) says that the punishment was deporlatio in insulam et bonorum ademtio. These statements are recon­cilable when we consider that the deportatio under the emperors took the place of the interdictio, and the expression in the Digest was suited to the times of the writers or the compilers. Besides, it appears that the lex was modified by various senatusconsulta and imperial rescripts.

The Lex Pompeia de Parricidiis, passed in the time of Cn. Pompeius, extended the crime of par­ricide to the killing (dolo malo) of a brother, sister, uncle, aunt, and many other relations enumerated by Marcian us (Dig. 49. tit. 9. s. i) ; this enumera­tion also comprises vitricus, noverca, privignus, pri-vigna, patronus, patrona, an avus who killed a nepos, and a mother who killed a filins or filia ; hut it did not extend to a father. All privies to the crime were also punished by the law, and

687

LF.GFS CORNELIAE.

attempts at the crime also came within its pro-visions. The punishment was the same as that affixed by the lex Cornelia de sicariis (Dig. /. <?.), by which must be meant the same punishment that the lex Cornelia affixed to crimes of the same kind. He who killed a father or mother, grand­father or grandmother, was punished (more majo-rum) by being whipped till he bled, sewn up in a sack with a dog, cock, viper, and ape, and thrown into the sea, if tlie sea was at hand, and if not, by a constitution of Hadrian, he was exposed to wild beasts, or, in the time of Paulus, to be burnt. The ape would appear to be a late addition. The mur­derers of a father, mother, grandfather, grand­mother only were punished in this manner (Mo­dest. Dig. 49. tit. 9. s, 0) ; other parricides were simply put to death. From this it is clear that the lex Cornelia contained a provision against parri­cide, if we are rightly informed as to the provisions de sicariis et veneficis, unless there was a separate Cornelia lex de parricidiis. As already observed, the provisions of those two leges were modified in various ways under the emperors.

It appears from the law of Numa, quoted by Festus (s. v. Parici Qnaestores), that a parricida was any one who killed another dolo malo. Cicero (pro /Vo.s-c. Am. c. 25) appears to use the word in its limited sense, as he speaks of the punishment of the culleus. In this limited sense there seems no impropriety in Catilina being called parricida, with reference to his country ; and the day of the dictator Caesar's death might be called a parri­cidium, considering the circumstances under which the name was given. (Suet. Cae?. c. 88.) If the original meaning of parricida be what Festus sa}rs, it may be doubted if the etymology of the word (pater and caedo) is correct ; for it appears that paricida or parricida meant murderer generally, and afterwards the murderer of certain persons in a near relation­ship. If the word was originally patricida, the law intended to make all malicious killing as great an offence as parricide, though it would appear that parricide, properly so called, was, from the time of the Twelve Tables at least, specially punished with the culleus, and other murders were not. (Dig. 49. tit. 8, 9 ; Paulus, Recept. Sentent. v. tit. 24 ; Dirksen, Uebersicht, <L'G. der ZiUQlftafekjc.setze. Leipzig.)

sumtuariae. [sumtuariae leges.]

^testamentaria. [falsum.]

tribunicia, which diminished the power of the Tribuni Plebis. (Veil. Pat. ii. 30; Appian, Bell. Civ. ii. 29 ; Caes. Bell. Civ. i. 7.)

unciaria, appears to have been a lex which lowered the rate of interest, and to have been passed about the same time with the Leges Sum-tuariae of Sulla. (Festus, s. v. Unciaria.)

de vadimonio. [vadimonium.]

de Vl PUBLICA. [VlS PUBLICA.]

There were other Leges Corneliae, such as that de Sponsoribus [!ntercessjo], which may t^e Leges of L. Cornelius Sulla.

There were also Leges Corneliae which were proposed by the Tribune C. Cornelius about B. c. 67, and limited the Edictal power by compelling the Praetors Jus dicere ex edictis suis perpetuis. (Ascon. 'in Cic. Cornel, p. 58 ; Dion Cass. xxxvi. 23.) [epictum.]

Another Lex of the same Tribune enacted that no one " legibus solveretur," unless such a measure was agreed on in a meeting of the Senate •** n-hich

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