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Justinian I · The Digest of Justinian §48.13.12.pr-48.13.12.1

Falsification of Public Records and Theft from a Temple

Passage 8323 of 9271 · Latin

Summary

This chunk describes that acts such as recording deflated prices in public records are liable under the embezzlement law, and details a case where an illustrious youth was deported for placing a chest containing an accomplice inside a temple to commit theft.

[MARCIANUS libro primo iudiciorum publicorum. ] §48.13.12.prac lege tenetur, qui in tabulis publicis minorem pecuniam, quam quid uenierit aut locauerit, scripserit aliudue quid simile commiserit.
[MARCIANUS, On Public Prosecutions, Book I.] And a person is liable under this law who has recorded in the public records a smaller sum than that for which something was sold or leased, or who has committed any other similar act.
§48.13.12.1Diuus Seuerus et Antoninus quendam clarissimum iuuenem, cum inuentus esset arculam in templum ponere ibique hominem includere, qui post clusum templum de arca exiret et de templo multa subtraheret et se in arculam iterum referret, conuictum in insulam deportauerunt.
The deified Severus and Antoninus deported to an island, upon conviction, a certain youth of illustrious rank, when it was discovered that he had placed a small chest in a temple and shut a man inside it, who, after the temple was closed, was to come out of the chest, steal many things from the temple, and return again into the small chest.

Notes

  1. §48.13.12.prquam quid uenierit — quid is used in the sense of aliquid. The phrase overall means "than that [the price] for which something was sold (or leased)." uenierit is the perfect (or future perfect) subjunctive of ueneo (to be sold).
  2. §48.13.12.1post clusum templum — The preposition post governing the noun templum combined with the perfect passive participle clusum forms the construction known as "ab urbe condita" (after the closing of the temple). It is translated as "after the temple was closed," rather than "after the closed temple."
  3. §48.13.12.1qui post clusum templum de arca exiret — The relative clause introduced by qui uses the imperfect subjunctive verbs (exiret, subtraheret, referret). This expresses the purpose or intention of the youth in shutting the man inside, or the character of the scheme that was designed to happen.

Cite this passage

Justinian I, The Digest of Justinian §48.13.12.pr-48.13.12.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.13.12.pr-48.13.12.1

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