Humanitext Reader

Justinian I · The Digest of Justinian §47.2.53.pr

Actions for Plundering an Empty House

Passage 7915 of 9271 · Latin

Summary

This text explains the civil liability for plundering from an empty house, stating that the action for property taken by force (for fourfold) applies, alongside the action for non-manifest theft if the perpetrator was not caught in the act.

[IDEM libro trigesimo octauo ad edictum. ] §47.2.53.prSi quis ex domo, in qua nemo erat, rapuerit, actione de bonis raptis in quadruplum conuenietur, furti non manifesti, uidelicet si nemo eum deprehenderit tollentem.
[THE SAME AUTHOR in the thirty-eighth book on the Edict.] If anyone has plundered from a house in which there was no one, he will be sued by the action for property taken by force for fourfold, and also for non-manifest theft, namely, if no one caught him in the act of carrying it away.

Notes

  1. §47.2.53.prfurti non manifesti — This is a genitive of charge (genitiuus criminis) depending on the verb conuenietur ('will be sued'). It stands in parallel with the preceding ablative of instrument phrase actione de bonis raptis, indicating a twofold liability: 'sued by the action for property taken by force (ablative), and for non-manifest theft (genitive)'.
  2. §47.2.53.prtollentem — This is a present active participle in the accusative singular masculine, modifying the unexpressed object eum (object of deprehenderit). Accompanying verbs of perception or catching in the act like deprehendere, it describes the state of flagrancy: 'in the act of carrying [it] away'.

Cite this passage

Justinian I, The Digest of Justinian §47.2.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.53.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.