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Justinian I · The Digest of Justinian §47.18.2.pr

Punishment of Housebreakers by Day and by Night

Passage 8088 of 9271 · Latin

Summary

Paulus discusses the punishment of housebreakers, distinguishing between night housebreakers, who are punished with clubbing and the mines, and day housebreakers, who face clubbing and public labor.

[PAULUS libro singulari de officio praefecti uigilum. ] §47.18.2.prInter effractores uarie animaduertitur.
[PAULUS, on the office of the prefect of the watch, in his single book.] Among housebreakers, punishment is inflicted in various ways.
atrociores enim sunt nocturni effractores, et ideo hi fustibus caesi in metallum dari solent: diurni uero effractores post fustium castigationem in opus perpetuum uel temporarium dandi sunt.
For night housebreakers are more atrocious, and therefore they are customarily beaten with clubs and sentenced to the mines; whereas day housebreakers, after chastisement with clubs, are to be sentenced to public labor, either perpetual or temporary.

Notes

  1. §47.18.2.pranimaduertitur — The third-person singular passive of animaduertere (to punish), used impersonally. Literally 'it is punished variously among housebreakers,' meaning that different punishments are inflicted on housebreakers depending on the circumstances.
  2. §47.18.2.prfustibus caesi — caesi is the perfect passive participle (masculine plural nominative) of caedere (to beat, strike), modifying the subject hi (these [night housebreakers]). fustibus is an ablative of instrument (with clubs). The perfect participle indicates a temporal sequence: they are first beaten with clubs before being sentenced to the mines (in metallum dari).

Cite this passage

Justinian I, The Digest of Justinian §47.18.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.18.2.pr

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