[MARCIANUS libro quarto decimo institutionum. ] §48.4.3.prLex duodecim tabularum iubet eum, qui hostem concitauerit quiue ciuem hosti tradiderit, capite puniri.
[MARCIANUS, Institutes, Book 14] The Law of the Twelve Tables commands that he who has stirred up an enemy, or who has delivered a citizen to the enemy, be punished capitally.
lex autem Iulia maiestatis praecipit eum, qui maiestatem publicam laeserit, teneri: qualis est ille, qui in bellis cesserit aut arcem tenuerit aut castra concesserit.
But the Lex Julia on treason prescribes that he who has injured the public majesty shall be held liable: such as he who has yielded in war, or has held a citadel, or has surrendered a camp.
eadem lege tenetur et qui iniussu principis bellum gesserit dilectumue habuerit exercitum comparauerit: quiue, cum ei in prouincia successum esset, exercitum successori non tradidit: quiue imperium exercitumue populi Romani deseruerit: quiue priuatus pro potestate magistratuue quid sciens dolo malo gesserit: quiue quid eorum, quae supra scripta sunt, facere curauerit:
By the same law is also held liable he who, without the command of the emperor, has waged war, or held a levy and raised an army; or who, when a successor had been appointed to him in a province, did not deliver the army to his successor; or who has deserted his command or the army of the Roman people; or who, as a private citizen, has knowingly and with malicious intent done anything under the guise of an office or magistracy; or who has caused any of those things which are written above to be done.