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Justinian I · The Digest of Justinian §47.10.38.pr

Prohibition of Carrying the Emperor's Image in Malice

Passage 8040 of 9271 · Latin

Summary

It is stated that a decree of the Senate prohibits carrying the emperor's image for the purpose of bringing hatred upon another, punishing violators with imprisonment.

[SCAEUOLA libro quarto regularum. ] §47.10.38.prSenatus consulto cauetur, ne quis imaginem imperatoris in inuidiam alterius portaret: et qui contra fecerit, in uincula publica mittetur.
[SCAEVOLA in the fourth book of Rules.] It is provided by a decree of the Senate that no one shall carry the image of the emperor for the purpose of bringing hatred upon another; and whoever acts to the contrary shall be cast into public prison.

Notes

  1. §47.10.38.prportaret — The imperfect subjunctive portaret is used in the 'ne' clause introduced by the present main verb cauetur. This is because cauetur functions as a historical present, or the secondary sequence of tenses is applied based on the past time when the senate's decree was made.
  2. §47.10.38.prin inuidiam alterius — The preposition 'in' with the accusative denotes purpose ('to bring about...'). In this context, 'inuidia' refers to hatred, ill-will, or public disrepute brought upon another person, implying the exploitation of the emperor's image to intimidate or disgrace someone.
  3. §47.10.38.prcontra fecerit — 'fecerit' is a future perfect indicative (or perfect subjunctive) representing a prior future action in relation to the main verb 'mittetur' which is in the future tense ('shall be cast').

Cite this passage

Justinian I, The Digest of Justinian §47.10.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.10.38.pr

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