[MACER libro secundo de iudiciis publicis. ] §1.18.14.prDiuus Marcus et Commodus Scapulae Tertullo rescripserunt in haec uerba: 'Si tibi liquido compertum est Aelium Priscum in eo furore esse, ut continua mentis alienatione omni intellectu careat, nec subest ulla suspicio matrem ab eo simulatione dementiae occisam: "potes de modo poenae eius dissimulare, cum satis furore ipso puniatur.
[MACER, in the second book on Public Judgments.] The divine Marcus and Commodus wrote a rescript to Scapula Tertullus in these words: 'If it is clearly established to you that Aelius Priscus is in such a state of madness that, by a continuous alienation of mind, he lacks all understanding, and there is no suspicion that his mother was killed by him under a pretense of insanity: you can disregard the manner of his punishment, since he is sufficiently punished by the madness itself.
et tamen diligentius custodiendus erit ac, si putabis, etiam uinculo coercendus, quoniam tam ad poenam quam ad tutelam eius et securitatem proximorum pertinebit.
And yet he must be guarded more carefully and, if you think fit, even restrained with chains, since this will pertain as much to punishment as to his own protection and the safety of his neighbors.
si uero, ut plerumque adsolet, interuallis quibusdam sensu saniore, non forte eo momento scelus admiserit nec morbo eius danda est uenia, diligenter explorabis et si quid tale compereris, consules nos, ut aestimemus, an per immanitatem facinoris, si, cum posset uideri sentire, commiserit, supplicio adficiendus sit.
If, however, as is very often the case, he has healthier intervals of understanding, and did not happen to commit the crime at that moment [of madness], so that pardon should not be granted to his disease, you shall investigate carefully, and if you find any such thing, you shall consult us, so that we may judge whether, on account of the heinousness of the deed, if he committed it when he could be seen to understand, he ought to be punished with death.
cum autem ex litteris tuis cognouerimus tali eum loco atque ordine esse, ut a suis uel etiam in propria uilla custodiatur: recte facturus nobis uideris, si eos, a quibus illo tempore obseruatus esset, uocaueris et causam tantae neglegentiae excusseris et in unumquemque eorum, prout tibi leuari uel onerari culpa eius uidebitur, constitueris.
Moreover, since we have learned from your letter that he is of such a position and rank that he is guarded by his own family or even in his own villa: you will seem to us to act correctly if you summon those by whom he should have been watched at that time, examine the cause of such great negligence, and decide against each of them according as their fault seems to you to be lightened or aggravated.
nam custodes furiosis non ad hoc solum adhibentur, ne quid perniciosius ipsi in se moliantur, sed ne aliis quoque exitio sint: quod si committatur, non immerito culpae eorum adscribendum est, qui neglegentiores in officio suo fuerint. '
For guards are assigned to insane persons not only so that they may not attempt anything more harmful to themselves, but also that they may not bring destruction upon others; and if this is allowed to happen, it must not undeservedly be ascribed to the fault of those who were more negligent in their duty.'