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Justinian I · The Digest of Justinian §47.9.9.pr

Intentional and Negligent Arson in the Twelve Tables

Passage 7996 of 9271 · Latin

Summary

Explains the provision of the Law of the Twelve Tables on arson, stating that intentional arson is punished by death by fire, while accidental arson caused by negligence is punished by liability for damages or a lighter penalty if the offender is insolvent, and defines the term "house."

[GAIUS libro quarto ad legem duodecim tabularum. ] §47.9.9.prQui aedes aceruumue frumenti iuxta domum positum conbusserit, uinctus uerberatus igni necari iubetur, si modo sciens prudensque id commiserit.
[GAIUS, On the Law of the Twelve Tables, book four.] He who burns a house or a heap of grain placed next to a house is ordered to be bound, scourged, and put to death by fire, provided that he committed this knowingly and intentionally.
si uero casu, id est neglegentia, aut noxiam sarcire iubetur aut, si minus idoneus sit, leuius castigatur.
But if he did so by accident, that is, by negligence, he is ordered either to repair the damage or, if he is not solvent enough, he is punished more lightly.
appellatione autem aedium omnes species aedificii continentur.
Moreover, under the term "house," every species of building is included.

Notes

  1. §47.9.9.prQui ... conbusserit — The antecedent (such as is) of the relative pronoun qui is omitted, making the entire relative clause function as the subject of the main verb iubetur. conbusserit is the future perfect (or perfect subjunctive) of conburo.
  2. §47.9.9.prsciens prudensque — These are nominative adjectives describing the mental state of the subject adverbially. This is a classical legal expression indicating intent (dolus).
  3. §47.9.9.prminus idoneus — While idoneus usually means "suitable," in a legal context it specifically denotes being "solvent" or having sufficient means to pay damages. Hence, minus idoneus means "insolvent" or "lacking sufficient means."

Cite this passage

Justinian I, The Digest of Justinian §47.9.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.9.9.pr

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