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Justinian I · The Digest of Justinian §48.4.1.pr-48.4.1.1

Definition of Majestas and Specific Treasonous Acts

Passage 8164 of 9271 · Latin

Summary

The text defines the crime of treason (majestas), noting its proximity to sacrilege, and lists the specific treasonous acts that trigger liability, such as plotting the death of hostages, organizing armed gatherings, conspiring against magistrates, aiding enemies, and inciting soldiers.

[ULPIANUS libro septimo de officio proconsulis. ] §48.4.1.prProximum sacrilegio crimen est, quod maiestatis dicitur.
[ULPIANUS, On the Office of Proconsul, book 7] The crime which is closest to sacrilege is that which is called treason.
§48.4.1.1Maiestatis autem crimen illud est, quod aduersus populum Romanum uel aduersus securitatem eius committitur.
But the crime of treason is that which is committed against the Roman people or against their security.
quo tenetur is, cuius opera dolo malo consilium initum erit, quo obsides iniussu principis interciderent: quo armati homines cum telis lapidibusue in urbe sint conueniantue aduersus rem publicam, locaue occupentur uel templa, quoue coetus conuentusue fiat hominesue ad seditionem conuocentur: cuiusue opera consilio malo consilium initum erit, quo quis magistratus populi Romani quiue imperium potestatemue habet occidatur: quoue quis contra rem publicam arma ferat: quiue hostibus populi Romani nuntium litterasue miserit signumue dederit feceritue dolo malo, quo hostes populi Romani consilio iuuentur aduersus rem publicam: quiue milites sollicitauerit concitaueritue, quo seditio tumultusue aduersus rem publicam fiat:
By this [crime], that person is held liable through whose agency, with malicious intent, a plan has been formed whereby hostages might be killed without the order of the emperor; or whereby armed men with weapons or stones might be in the city or assemble against the state, or places or temples might be occupied; or whereby a gathering or assembly might be held, or men summoned to sedition; or through whose agency, with evil intent, a plan has been formed whereby any magistrate of the Roman people, or anyone who has military command or civil power, might be killed; or whereby anyone might bear arms against the state; or who has sent a messenger or letters to the enemies of the Roman people, or has given them a signal, or has acted with malicious intent, whereby the enemies of the Roman people might be aided with counsel against the state; or who has solicited or incited soldiers, whereby a sedition or tumult might be made against the state.

Notes

  1. §48.4.1.1quo tenetur is, cuius opera... quiue... — This relative clause modifying the main subject `is` consists of two parallel structures: first, clauses beginning with `cuius opera...` (where `cuius` is genitive), and second, clauses beginning with `quiue...` (where `qui` is nominative). Through this structure, both the masterminds who planned the treasonous acts and the direct perpetrators (who sent letters to enemies or incited soldiers) are held parallelly liable under the same subject `is`.
  2. §48.4.1.1consilium initum erit, quo... — Here, `quo` is a relative adverb introducing a subjunctive clause of purpose or result (such as `interciderent` or `sint`), meaning 'whereby' or 'so that by it.' The repetitions of `quo...` and `quoue...` in parallel serve to define the various specific objectives or contents of the plan (`consilium`) that was formed.

Cite this passage

Justinian I, The Digest of Justinian §48.4.1.pr-48.4.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.4.1.pr-48.4.1.1

Please note the AI-draft status of the translation and the date accessed.

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