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Justinian I · The Digest of Justinian §47.7.2.pr

Criminal Punishment of Tree-Cutters as Robbers

Passage 7970 of 9271 · Latin

Summary

Gaius explains that those who cut down trees, and especially vines, are subject to punishment even as robbers, indicating a severe criminal liability.

[GAIUS libro primo ad legem duodecim tabularum. ] §47.7.2.prSciendum est autem eos, qui arbores et maxime uites ceciderint, etiam tamquam latrones puniri.
[GAIUS on the Law of the Twelve Tables, book 1] It must be known, moreover, that those who have cut down trees, and especially vines, are punished even as robbers.

Notes

  1. §47.7.2.prSciendum est — An impersonal construction using the neuter nominative singular of the gerundive (sciendus) to express obligation or necessity ('it must be known'). This governs an accusative and infinitive (AcI) construction with 'eos' as the subject accusative and 'puniri' as the infinitive.
  2. §47.7.2.prceciderint — The third-person plural perfect (or future perfect) active subjunctive of the verb caedo ('to cut down'). In the relative clause 'qui...', it expresses an action completed prior to the main action ('puniri') or a hypothetical condition.
  3. §47.7.2.prtamquam latrones — Meaning 'as robbers'. This indicates that the act is not treated merely as a civil wrong (tort) causing damage to property, but is elevated to and punished as a severe criminal act equivalent to robbery.

Cite this passage

Justinian I, The Digest of Justinian §47.7.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.7.2.pr

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