530 THE DECLINE AND FALL [Chap, xliv never be felt, till the middle of the sixth century first revealed the guilt of a parricide. 181 4 . The malice of an incendiary. After the previous ceremony of whipping, he himself was delivered to the flames ; and in this example alone our reason is tempted to applaud the justice of retaliation. 5. Judicial perjury. The corrupt or malicious witness was thrown headlong from the Tarpeian rock to expiate his falsehood, which was rendered still more fatal by the severity of the penal laws and the deficiency of written evidence. 6. The corruption of a judge who accepted bribes to pronounce an iniquitous sentence. 7. Libels and satires, whose rude strains sometimes disturbed the peace of an illiterate city. The author was beaten with clubs, a worthy chastisement, but it is not certain that he was left to expire under the blows of the executioner. 182 8. The nocturnal mischief of damaging or destroying a neighbour's corn. The criminal was suspended as a grateful victim to Ceres. But the sylvan deities were less implacable, and the extirpation of a more valu- able tree was compensated by the moderate fine of twenty-five pounds of copper. 9. Magical incantations ; which had power, in the opinion of the Latin shepherds, to exhaust the strength of an enemy, to extinguish his life, and to remove from their seats his deep-rooted plantations. The cruelty of the Twelve Tables against insolvent debtors still remains to be told ; and I shall dare to prefer the literal sense of antiquity to the specious re- finements of modern criticism. 183 After the judicial proof or confession of the debt, thirty days of grace were allowed before a Roman was delivered into the power of his fellow-citizen. In the guiltless monkey (innoxia simia — Satir. xiii. 156). Hadrian (apud Dositheum Magistrum, 1. iii. o. 16, p. 874-876, with Schulting's Note), Modestinus (Pandect, xlviii. tit. ix. leg. 9), Constantine (Cod. 1. ix. tit. xvii.), and Justinian (Institut. 1. iv. tit. xviii.), enumerate all the companions of the parricide. But this fanciful execution was simplified in practice. Hodie tamen vivi exuruntur vel ad bestias dantur (Paul. Sentent. Kecept. 1. v. tit. xxiv. p. 512, edit. Schulting). 181 The first parricide at Eome was L. Ostius, after the second Punic war (Plutarch in Romulo, torn. i. p. 57). During the Cimbric, P. Malleolus was guilty of the first matricide (Liv. Epitom. 1. lxviii.). 182 Horace talks of the formidine fustis (1. ii. epist. ii. [leg. i.] 154) ; but Cicero (de Republica, 1. iv. apud Augustan, de Civitat. Dei, ix. 6, in Fragment. Philosoph. torn. iii. p. 393, edit. Olivet) affirms that the decemvirs made libels a capital offence : cum perpaucas res capite sanxissent — perpaucas ! wt Bynkershoek (Observat. Juris Rom. 1. i. c. 1, in. Opp. torn. i. p. 9, 10, 11) labours to prove that the creditors divided not the body, but the price, of the insolvent debtor. Yet his interpretation is one perpetual harsh metaphor ; nor can he surmount the Roman authorities of Quintilian, Caacilius, Favonius, Tertullian. See Aulus Gellius, Noct. Attic, xx. 1.
