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Justinian I · The Digest of Justinian §37.1.13.pr

Denial of Possession to Capital Convicts and Relegation

Passage 5722 of 9271 · Latin

Summary

This section explains that those condemned for a capital crime and not restored to their status are denied the possession of goods, defining a capital crime and distinguishing it from relegation.

[AFRICANUS libro quinto quaestionum. ] §37.1.13.prEdicto praetoris bonorum possessio his denegatur, qui rei capitalis damnati sunt neque in integrum restituti sunt.
[AFRICANUS, book 5 of Questions.] By the edict of the praetor, the possession of goods is denied to those who have been condemned for a capital crime and have not been restored to their original status.
rei autem capitalis damnatus intellegitur is, cui poena mors aut aquae et ignis interdictio sit.
Now, a person condemned for a capital crime is understood to be one whose penalty is death or the interdiction of water and fire.
cum autem in relegationem quis erit, ad bonorum possessionem admittitur.
However, when someone is under relegation, he is admitted to the possession of goods.

Notes

  1. §37.1.13.prrei capitalis — Genitive of charge/penalty modifying the verb `damnati sunt` ('condemned'). It refers to a 'capital crime' in Roman law, which involved death or the loss of civil status.
  2. §37.1.13.prin integrum restituti — Referring to being 'restored to the original status' or rehabilitated, meaning the official restoration of rights and legal standing after a conviction.
  3. §37.1.13.prcui poena mors aut aquae et ignis interdictio sit — The dative relative pronoun `cui` is a dative of possession qualifying the subject `poena`. The subjunctive `sit` is used in a relative clause of characteristic or definition.
  4. §37.1.13.prin relegationem quis erit — `relegatio` ('relegation') was a milder form of exile that did not entail the loss of citizenship or confiscation of all property. The future `erit` is used in a temporal-conditional `cum` clause.

Cite this passage

Justinian I, The Digest of Justinian §37.1.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.1.13.pr

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