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197:("The crime of majestas is that which is committed against the Roman people or against their safety.") Of treasons other than military offences, some of the more noticeable were the raising of an army or levying war without the command of the emperor, the questioning of the emperor's choice of a successor, the murder of (or conspiracy to murder) hostages or certain
156:, to which the date of 48 B.C. has been conjecturally assigned, continued to be the basis of the Roman law of treason until the latest period of the empire. The original text of the law appears to have still dealt with what were chiefly military offences, such as sending letters or messages to the enemy, giving up a standard or fortress, and desertion.
258:. A traitor could not make a will or a gift or emancipate a slave. Even the death of the accused, if guilty of treason of the gravest kind, such as levying war against the state, did not extinguish the charge, but the memory of the deceased became infamous, and his property was forfeited as though he had been convicted in his lifetime.
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one of those crimes in which any citizen was entitled to prosecute. The law deprived the accused in a charge of treason of his ordinary remedy for malicious prosecution, and also took from him the privilege (which those accused of other crimes generally possessed) of immunity from accusation by women
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in later law. It was not treason to repair a statue of the emperor which had decayed from age, to hit such a statue with a stone thrown by chance, to melt down such a statue if unconsecrated, to use mere verbal insults against the emperor, to fail in keeping an oath sworn by the emperor or to decide
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of high rank, the occupation of public places, the meeting within the city of persons hostile to the state with weapons or stones, incitement to sedition or administration of unlawful oaths, release of prisoners justly confined, falsification of public documents, and failure of a provincial governor
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were, strictly, public enemies who bore arms against the state; and traitors were regarded as having no more rights than public enemies. The
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made it punishable with death to communicate with the enemy or to betray a citizen to the enemy. Other kinds of
178:. The concept of the emperor as divine had much to do with this. It became a maxim that treason was next to
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The law as it existed in the time of
Justinian is contained chiefly in the titles of the Digest and Codex
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maiestatis crimen illud est quod adversus populum
Romanum vel adversus securitatem eius committitur."
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to quit his province at the expiration of his office or to deliver his army to his successor.
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One or more of the preceding sentences incorporates text from a publication now in the
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or infamous persons, from liability to be put to the torture, and from having his slaves
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The punishment from the time of
Tiberius was death (usually by beheading) and
121:), in other words, banishment. The crime was tried before a special tribunal (
315:. Vol. 27 (11th ed.). Cambridge University Press. pp. 223–228.
129:), which was perhaps the earliest permanent criminal court existing at Rome.
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168:, the law of treason was greatly expanded in scope, mainly in the reign of
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were almost exclusively those committed in military service. The very name
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A very good collection of resources maintained by professor Ernest
Metzger
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is largely based on an article in the out-of-copyright
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were punished by "interdiction of fire and water" (
189:. The definition given in the Digest (taken from
160:Expansion of the law of treason under Tiberius
339:by Professor Yves Lassard and Alexandr Koptev
226:a case contrary to an imperial constitution.
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309:(ed.).
303:Treason
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305:". In
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