Humanitext Reader

Justinian I · The Digest of Justinian §47.22.2.pr

Penalties for Illicit Guilds Equated with Riot

Passage 8103 of 9271 · Latin

Summary

It rules that anyone who has established an illicit association is subject to the same severe penalty as those who are judged to have occupied public spaces or temples with armed forces.

[ULPIANUS libro sexto de officio proconsulis. ] §47.22.2.prQuisquis illicitum collegium usurpauerit, ea poena tenetur, qua tenentur, qui hominibus armatis loca publica uel templa occupasse iudicati sunt.
[ULPIANUS in the sixth book on the office of proconsul.] Whoever has formed an illicit association is liable to that penalty to which those are liable who have been judged to have occupied public places or temples with armed men.

Notes

  1. §47.22.2.prusurpauerit — Future perfect indicative (or perfect subjunctive) of the verb `usurpare` (to use, assume, or usurp). In legal texts, it represents a hypothetical future action. Here, it refers to unlawfully establishing, managing, or participating in an illicit association.
  2. §47.22.2.prea poena tenetur, qua tenentur, qui... — A multi-layered relative clause structure. `ea poena` (feminine ablative singular) is an ablative of instrument or cause modifying the main verb `tenetur` (is bound/liable). `qua` is a relative pronoun referring back to `ea poena`, forming the relative clause `qua tenentur [ei]` (to which [they] are liable). The omitted subject (`ei`) of this relative clause is then modified by the subsequent `qui...` clause.
  3. §47.22.2.proccupasse — A syncopated (shortened) form of the perfect active infinitive `occupauisse`. Used with the passive verb `iudicati sunt` (have been judged) to represent the completed action of having occupied.

Cite this passage

Justinian I, The Digest of Justinian §47.22.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.22.2.pr

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