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Justinian I · The Digest of Justinian §47.19.1.pr

Extraordinary Punishment for Plundering an Inheritance

Passage 8089 of 9271 · Latin

Summary

Marcianus explains that anyone who plunders another's inheritance is customarily punished extra ordinem through an accusation of plundered inheritance, as provided in the speech of the divine Marcus.

[MARCIANUS libro tertio institutionum. ] §47.19.1.prSi quis alienam hereditatem expilauerit, extra ordinem solet coerceri per accusationem expilatae hereditatis, sicut et oratione diui Marci cauetur.
[MARCIANUS, in the third book of his Institutes.] If anyone plunders another's inheritance, he is customarily punished extraordinarily by the accusation of a plundered inheritance, just as is also provided by the address of the divine Marcus.

Notes

  1. §47.19.1.prextra ordinem — Meaning "outside the ordinary order of trials," it refers to punishment through the extraordinary procedure (cognitio extra ordinem) conducted by imperial officials, rather than the ordinary civil or jury procedure.
  2. §47.19.1.praccusationem expilatae hereditatis — An objective genitive with the noun `accusatio`, meaning "an accusation concerning the plundering of an inheritance." This was a special accusation used when an inheritance was plundered before the heir took possession, a situation where the ordinary charge of theft (furtum) could not apply.

Cite this passage

Justinian I, The Digest of Justinian §47.19.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.19.1.pr

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