Humanitext Reader

Justinian I · The Digest of Justinian §47.8.1.pr

Actions for Robbery with Violence and Non-Manifest Theft

Passage 7981 of 9271 · Latin

Summary

Paulus explains the dual liability (for non-manifest theft and robbery with violence) incurred by someone who commits robbery, and how these competing actions are handled depending on which is brought first.

[PAULUS libro uicensimo secundo ad edictum. ] §47.8.1.prQui rem rapuit, et furti nec manifesti tenetur in duplum et ui bonorum raptorum in quadruplum.
[PAULUS on the Edict, book 22] He who has snatched a thing by force is liable both for non-manifest theft for double, and for robbery with violence for quadruple.
sed si ante actum sit ui bonorum raptorum, deneganda est furti: si ante furti actum est, non est illa deneganda, ut tamen id quod amplius in ea est consequatur.
But if an action has been brought beforehand for robbery with violence, that for theft must be denied; if an action has been brought beforehand for theft, the former must not be denied, provided, however, that he may recover whatever additional amount is obtainable in it.

Notes

  1. §47.8.1.prfurti — "furti" and "ui bonorum raptorum" function as genitive phrases where "actio" (action/remedy) is understood.
  2. §47.8.1.practum sit — An impersonal passive use of the legal verb "agere" (to bring an action), meaning "if an action (concerning...) has been brought."
  3. §47.8.1.prut tamen id quod amplius in ea est consequatur — A restrictive purpose clause. It specifies that the plaintiff is allowed to pursue the later action (robbery, quadruple) only to recover the difference (the remaining double) after already receiving damages from the earlier action (theft, double).

Cite this passage

Justinian I, The Digest of Justinian §47.8.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.8.1.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.