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Justinian I · The Digest of Justinian §47.9.4.pr-47.9.4.2

Penalties for Plunderers of Shipwrecks and Liability of Heirs

Passage 7991 of 9271 · Latin

Summary

Discusses Pedius's definition of plundering during a shipwreck, the deified Antoninus's rescript on the penalties for plunderers based on status and circumstances, and the scope of actions against heirs.

[PAULUS libro quinquagensimo quarto ad edictum. ] §47.9.4.prPedius posse etiam dici ex naufragio rapere, qui, dum naufragium fiat, in illa trepidatione rapiat.
[PAULUS, on the Edict, book fifty-four.] Pedius says that one who plunders in that panic while a shipwreck is occurring can also be said to plunder from a shipwreck.
§47.9.4.1Diuus Antoninus de his, qui praedam ex naufragio diripuissent, ita rescripsit: 'Quod de naufragiis nauis et ratis scripsisti mihi, eo pertinet, ut explores, qua poena adficiendos eos putem, qui diripuisse aliqua ex illo probantur.
The deified Antoninus issued a rescript concerning those who had plundered booty from a shipwreck: "What you have written to me regarding shipwrecks of a ship or a raft amounts to this, that you inquire what punishment I think should be inflicted on those who are proven to have plundered anything from them.
et facile, ut opinor, constitui potest: nam plurimum interest, peritura collegerint an quae seruari possint flagitiose inuaserint.
And in my opinion, this can easily be determined; for it makes a very great difference whether they collected things that would have perished, or shamefully invaded things that could be saved.
ideoque si grauior praeda ui adpetita uidebitur, liberos quidem fustibus caesos in triennium relegabis aut, si sordidiores erunt, in opus publicum eiusdem temporis dabis: seruos flagellis caesos in metallum damnabis.
Therefore, if a more serious plunder appears to have been sought by force, you shall relegate free persons for three years after they have been beaten with clubs, or, if they are of lower status, you shall sentence them to public works for the same period; and you shall condemn slaves to the mines after they have been beaten with whips.
si non magnae pecuniae res fuerint, liberos fustibus, seruos flagellis caesos dimittere poteris'. et omnino ut in ceteris, ita huiusmodi causis ex personarum condicione et rerum qualitate diligenter sunt aestimandae, ne quid aut durius aut remissius constituatur, quam causa postulabit.
If the things are of no great value, you will be able to dismiss free persons after they have been beaten with clubs, and slaves after they have been beaten with whips." And in general, just as in other cases, so in cases of this kind, decisions must be carefully weighed based on the status of the persons and the quality of the things, so that nothing is determined either more harshly or more leniently than the case demands.
§47.9.4.2Hae actiones heredibus dantur.
These actions are granted to heirs.
in heredes eatenus dandae sunt, quatenus ad eos peruenit.
Against heirs, they are to be granted to the extent that the property has reached them.

Notes

  1. 47.9.4.prPedius posse — An accusative with infinitive (AcI) construction with an ellipsis of the main verb of saying (such as dicit or ait). It indicates that Pedius asserts that 'it can also be said...'.
  2. 47.9.4.1Quod de naufragiis... eo pertinet, ut... — The quod-clause is a noun clause expressing a fact ('as to what you wrote to me'). 'eo pertinet, ut...' is an idiomatic expression meaning 'it amounts to this, that...' or 'it points to the end that...'.
  3. 47.9.4.1plurimum interest, peritura collegerint an quae seruari possint flagitiose inuaserint — The impersonal verb interest (it matters, it makes a difference) takes a double indirect question clause (... an ...) in the subjunctive perfect (collegerint, inuaserint). peritura is the neuter plural of the future active participle of perire, meaning 'things destined to perish.'
  4. 47.9.4.1fustibus caesos... flagellis caesos — fustibus (with clubs) and flagellis (with whips) are ablatives of instrument. caesos is the perfect passive participle modifying the accusative objects (liberos, seruos), compactly expressing a two-step punishment (beating followed by exile or labor).
  5. 47.9.4.1huiusmodi causis... aestimandae sunt — The reading causis in the text is either treated as a variant of the nominative causae (as the subject of aestimandae sunt) or as an ablative ('in cases of this kind') with the omission of the preposition in. aestimandae sunt is a passive periphrastic expressing necessity.

Cite this passage

Justinian I, The Digest of Justinian §47.9.4.pr-47.9.4.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.9.4.pr-47.9.4.2

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