Justinian I · The Digest of Justinian §11.7.35.pr

Prohibition of Mourning State Enemies and Slayer Immunity

Passage 1839 of 9271 · Latin

Summary

Marcellus records that our ancestors deemed it improper to mourn an enemy who set out to destroy his country and family, and established that anyone—even a son or a father—who killed such a person was guiltless and deserved a reward.

[MARCELLUS libro quinto digestorum. ] §11.7.35.prMinime maiores lugendum putauerunt eum, qui ad patriam delendam et parentes et liberos interficiendos uenerit: quem si filius patrem aut pater filium occidisset, sine scelere, etiam praemio adficiendum omnes constituerunt.

[MARCELLUS, Digest, book 5] Our ancestors by no means thought that a person should be mourned who came for the purpose of destroying his country and killing his parents and children; all have established that if a son should kill such a person as his father, or a father such a person as his son, they do so without crime and should even be rewarded.

Notes

§11.7.35.prlugendum — The neuter singular gerundive with `esse` omitted, forming an accusative-and-infinitive construction with `eum` as its subject accusative, which serves as the object of `putauerunt`. `Minime` negates `lugendum` rather than `putauerunt` ("they thought he should by no means be mourned").
§11.7.35.prquem si — `quem` is a relative connection (connecting relative pronoun) referring back to `eum` in the preceding sentence. It functions as the direct object of `occidisset` within the `si`-clause, while `patrem` and `filium` stand in apposition (or as predicate accusatives) to `quem` ("if a son killed him as a father, or a father him as a son").

Cite this passage

Justinian I, The Digest of Justinian §11.7.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.35.pr

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