in prison or had been subjected to blows or chains. But if the accused consented or had not been harshly treated, withdrawal (abolitio) was generally permitted, except on charges of treason or other grave crimes. An accuser, once desisting, could not take the charge up again.
A general indulgence, by which all persons accused (with certain exceptions) were released, was decreed by Constantine in 322 on account of the birth of a son to Crispus. In later years the like indulgence was granted at Easter, and apparently in 385 it was made a standing rule. Persons charged with poisoning, murder, adultery, evil magic, sacrilege, or treason, and sometimes other offenders, were excepted.
Most of the legislation on crime goes back to the Republic or to Augustus. The law of treason (majestas) is based on a law of the latter. Treason consists in doing anything against the Roman people and includes all assistance to the enemy, attacks on Roman magistrates, intentional injury to the Emperor's statues, collecting for seditious purposes armed men in the city, refusal to leave a province on the appointment of a successor, making false entries in public documents, etc. Abuse or other insult to the Emperor required careful inquiry as to the motive and sanity of the accused; punishment was to await a report to the Emperor. If an accuser failed to establish his charge, he was liable to be examined by torture himself, notwithstanding any privilege from military service, birth, or dignity. The punishment for treason was death and forfeiture of property. Conspiracy to compass the death of the Emperor's councillors subjected even the sons of the criminal to incapacity for succession to any inheritance or legacy, and to be reduced to such want that "death would be a comfort and life a punishment" (397).
By a law of Sulla, maintained and developed by the Emperors, murder, magical arts, nocturnal incantations or rites to exert unholy influence over persons, desertion to the enemy, stirring up seditions or tumult, bribing witnesses or judges to act falsely, were punished with death in the case of all but the privileged class. So also consulting soothsayers (haruspices) or mathematicians respecting the health of the Emperor, introduction of new sects or unknown religions to excite men's minds, forgery or suppression of wills, forgery of seals, coining, melting or mutilating coinage were sometimes punished capitally. Coining was regarded as treason (326).
Constantine (318) forbad under pain of burning any soothsayer from crossing the threshold of another person, even though an old friend, but in the case of magical arts distinguished between those directed against another's safety or chastity, and remedies for disease or country spells against heat or rain upon the crops. Constantius (358) was also severe against all divination, etc. Valentinian (364) forbad all nocturnal religious rites, but relaxed this prohibition on the proconsul of Greece representing that life then would be intolerable.
