Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

CRI tEN.: CROCOTA. 369
language, are celled criminal offences amolg the subjects of judicia privata, in which pecuniary coomRomans; and this defect appears in other systems pensation was awarded to the injured party. At a
of jurisprttdence. Crimen has been also defined by later period we find a class of crimina extraormodern writers to be that which is capitalis, as dinaria (Dig. 47. tit. 11), which are somewhat
murder, &c.; delictum, that which is a private vaguely defined. They are offences which in the
injury (privata noxa); a distinction founded ap- earlier law would have been the foundation of
parently on Dig. 21. tit. 1. s. 17. ~ 15. actions, but were assimilated, as to their punishDelicts (delicta) were maleficia, wrongful acts ment, to crimina publici judicii. This new class
(Dig. 47. tit. 1. s. 3), and the foundation of one of crimina (new as to the form of judicial proceedclass of obligationes: these delicts, as enumerated ings) must have arisen from a growing opinion of
by Gains (iii. 182), are furtmul, rapina, danlmum, the propriety of not limiting punishment, in certain
injuriae; they gave a right of actionto the indi- cases, to compensation to the party injured. The
vidual injured, and intitled him to compensation. person who inquired judicially extra ordinem, might
These delicts were sometimes called crimina (cri- affix what punishment he pleased, within reasonmen furti, Gaius, iii. 197). Crimen therefore is able limits. (Dig. 48. tit. 19. s. 13.) Thus, if a
sometimes applied to that class of delicta called person intended to prosecute his action, which
privata (Dig. 47. tit. 1. De Privatis Delictis); and was founded on maleficium (delict), for pecuniary
accordingly crimen may be viewed as a genus, compensation, he followed the jus ordinarium; but
of which the delicta enumerated by Gaius are a if he wished to punish the offender otherwise (extra
species. But crimen and delictum are sometimes ordinem ejus rei poenam exerceri (e?) velit), then he
used as synonymous. (Dig. 48. tit. 19. s. 1.) In took criminal proceedings, "subscripsit in crimen."
one passage (Dig. 48. tit. 19. s. 5) we read of (Dig. 47. tit. 1. s. 3.)
majora delicta (a term implying that these are The forty-seventh book of the Digest treats first
minora delicta), which expression is coupled with of delicta privata properly so called (Tit. 1 —10),
the expression omnia crimina in such a way that and then of extraordinaria crimina. The fortythe inference of crimen containing delictum is, so eighth book treats of crimina, and the first title is
far as concerns this passage, necessary; for the De Publicis Judiciis. Compensation might be deomnia crimina comprehend (in this passage) more manded by the heredes of the injured person, and
than the delicta majora..of the heredes of the wrong-doer; but the heredes
Some judicia publica were capitalia, and some of the wrong-doer were not liable to a penal action
were not. (Dig. 48. tit. 1. s. 2.) Judicia, which (poenalis actio, Dig. 47. tit. 1. s. 1). Compensaconcerned crimina, were not, for that reason only, tion could be sued for by the party injured: a
publica. There were, therefore, crimina which penalty, which was not a direct benefit to the inwere not tried in judicia publica. This is con- jured party, was sued for by the state, or by those
sistent with what is stated above as to those cri- to whom the power of prosecution was given, as in
mina (delicta) which were the subject of actions. the case of the lex Julia de adulteriis, &c. In
Those crimina only were the subject of judicia the case of delicta publica, the intention of the
publica, which were mTade so by special laws; such doer was the main thing to be considered: the
as the Julia de adulteriis, Cornelia de sicariis et act, if done, was not for that reason only punished;
veneficis, Pompeia de parricidiis, Julia peculatus, nor if it remained incomplete, was it for that reaCornelia de testamentis, Julia de vi privata, Julia son only unpunished. In the case of delicta pride vi publica, Julia de anmbitu, Julia repetundarum, vata, the injury, if done, was always compensated,
Julia'de annona. (Dig. 48. tit. 1. s. 1.) So far as even if it was merely culpa. [G. L.]
Cicero (De Oract. ii. 25) enumerates causae crimi- CRINIS. [CoMxA.]
num, they were causae publici judicii; but he adds CRISTA. [GALEA.]
(ii. 31), "criminum est multitude infinita." Again, CRITAE (Kprtait), judges. This name was
intamia was not the consequence of every crimen, applied by the Greeks to any person who did not
but only of those criniina which were "c publici judge of a thing like a &Kat7r's, according to
judicii." A condemnation, therefore, for a crimen, positive laws, but according to his own sense of
not publici judicii, was not followed by infamia, justice and equity. (Herod. iii. 160; Demosth.
unless the crimen laid the foundation of an actio, Olyentl. i. p. 17, c. Mklid. p. 520.) But at Athens
in which, even in the case of a privatum judicium, a number of IcpTrai was chosen by ballot from a
the condemnation was followed by infimia; as number of selected candidates at every celebration
furturn, rapina, injuriae. (Dig. 48. tit. 1. s. 7.) of the Dionysia, and were called o o Kprrat', IcaT'
Most modern writers on Roman law have con- dEoX;v. Their office was to judge of the merit of
sidered delicta as the general term, which they the different choruses and dramatic poems, and to
have subdivided into delicta publica and privata. award the prizes to the victors. (Isocr. Trapoez.
The division of delicta into publica and privata p. 365, c. with Coraes' note.) Their number is
had partly its origin in the opinion generally enter- stated by Suidas (s. v.'Em 7rEm're Kpt7OOV -Oyva-')
tained of the nature of the delict; but the legal to have been five for comedies, and G. Hermann
distinction must be derived from a consideration of has supposed, with great probability,, that there
the form of obtaining redress for, or punishing, the were on the whole tell cpLraf, five for comedy, and
wrong. Those delicta which were punishable ac- the same number for tragedy, one being taken
cording to special leges, senatus-consulta, and con- from every tribe. The expression in Aristophanes
stitutiones, and were prosecuted in judicia publica (Av. 421), Pm'ra, Frano-, TOs KpT-raes, signifies to
by an accusatio publica, were more especially called gain the victory by the unanimous consent of the
crimina; and the penalties, in case of conviction, five judges. For the complete literature of this
were loss of life, of freedom, of civitas, and the con- subject, see K. F. HIermanan's Manual of tihe Pol.
sequent infamia, and sometimes pecuniary penalties Ant. of Geece, ~ 149. n. 13. [L. S.]
also. Those delicta not provided for as above men- CRO'BYLUS. [CorA.]
tioned, were prosecuted by action, and were the CROCO'TA (sc. Vestis; IopostWoorv sc. 4oeto;'
B B