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Justinian I · The Digest of Justinian §2.1.7.pr-2.1.7.5

Popular Action for Malicious Damage to Edict Boards

Passage 246 of 9271 · Latin

Summary

Discusses the requirements for the popular action of 500 aurei against malicious damage or removal of the praetorian edict board, covering slaves, filii familias, accidental damage, and physical punishment.

[ULPIANUS libro tertio ad edictum. ] §2.1.7.prSi quis id, quod iurisdictionis perpetuae causa, non quod prout res incidit, in albo uel in charta uel in alia materia propositum erit, dolo malo corruperit: datur in eum quingentorum aureorum iudicium, quod populare est.
[ULPIAN, On the Edict, Book III] If anyone should, with malicious intent, damage that which has been posted on a white board, on paper, or on any other material, for the sake of permanent jurisdiction and not for a temporary occasion: an action for five hundred aurei is granted against him, which is a popular action.
§2.1.7.1Serui quoque et filii familias uerbis edicti continentur: sed et utrumque sexum praetor complexus est.
Slaves and sons under paternal authority are also included in the words of the edict; but the praetor has encompassed both sexes.
§2.1.7.2Quod si dum proponitur uel ante propositionem quis corruperit, edicti quidem uerba cessabunt, Pomponius autem ait sententiam edicti porrigendam esse ad haec.
But if anyone should damage it while it is being posted or before its posting, the words of the edict indeed will not apply, but Pomponius says that the meaning of the edict must be extended to these cases.
§2.1.7.3In seruos autem, si non defenduntur a dominis, et eos qui inopia laborant corpus torquendum est.
In the case of slaves, however, if they are not defended by their masters, and of those who suffer from poverty, physical torture must be applied.
§2.1.7.4Doli mali autem ideo in uerbis edicti fit mentio, quod si per imperitiam uel rusticitatem uel ab ipso praetore iussus uel casu aliquis fecerit, non tenetur.
Moreover, mention of malicious intent is made in the words of the edict for this reason: that if anyone should do this through unskillfulness or ignorance, or ordered by the praetor himself, or by accident, he is not held liable.
§2.1.7.5Hoc uero edicto tenetur et qui tollit, quamuis non corruperit: item et qui suis manibus facit et qui alii mandat.
Furthermore, by this edict, he who takes it down is also held liable, even though he did not damage it; likewise both he who does it with his own hands and he who commands another.
sed si alius sine dolo malo fecit, alius dolo malo mandauit, qui mandauit tenebitur: si uterque dolo malo fecerit, ambo tenebuntur: nam et si plures fecerint uel corruperint uel mandauerint, omnes tenebuntur:
But if one person did it without malicious intent and another commanded it with malicious intent, he who commanded it will be held liable; if both did it with malicious intent, both will be held liable; for even if several persons have done, damaged, or commanded it, all will be held liable.

Notes

  1. 2.1.7.priurisdictionis perpetuae causa — Consists of the noun causa, which functions like a preposition governing the preceding genitive iurisdictionis perpetuae, indicating purpose. It means "for the sake of permanent jurisdiction," referring to the permanent edict (edictum perpetuum) in contrast to temporary postings for specific occurrences (prout res incidit).
  2. 2.1.7.2sententiam edicti porrigendam esse ad haec — An accusative-with-infinitive construction (indirect speech) acting as the object of the verb ait. Sententiam edicti is the subject of the infinitive, and porrigendam esse is the passive future infinitive expressing necessity, consisting of the gerundive (future passive participle) and esse.
  3. 2.1.7.3si non defenduntur a dominis — Refers to the case where slaves are not defended by their masters in litigation (i.e., the master does not assume liability or take up the defense). In Roman law, if a master does not defend a slave for a delict, liability falls directly on the slave's body in the form of physical punishment or torture.
  4. 2.1.7.4Doli mali... ideo... quod — A correlative construction of ideo and quod ("for the reason that"). It translates to: "mention of malicious intent (dolus malus) is made in the words of the edict for the very reason (ideo) that (quod)..."

Cite this passage

Justinian I, The Digest of Justinian §2.1.7.pr-2.1.7.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.7.pr-2.1.7.5

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