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Justinian I · The Digest of Justinian §48.4.4.pr-48.4.4.1

Acts Aiding Enemies and Melting Down Discredited Statues

Passage 8167 of 9271 · Latin

Summary

Various types of hostile or treasonous acts that fall under the Lex Julia on treason are enumerated, and a senatorial precedent is cited where melting down discredited statues of the emperor was exempted from this crime.

[SCAEUOLA libro quarto regularum. ] §48.4.4.prcuiusque dolo malo iureiurando quis adactus est, quo aduersus rem publicam faciat: cuiusue dolo malo exercitus populi Romani in insidias deductus hostibusue proditus erit: factumue dolo malo cuius dicitur, quo minus hostes in potestatem populi Romani ueniant: cuiusue opera dolo malo hostes populi Romani commeatu armis telis equis pecunia aliaue qua re adiuti erunt: utue ex amicis hostes populi Romani fiant: cuiusue dolo malo factum erit, quo rex exterae nationis populo Romano minus obtemperet: cuiusue opera dolo malo factum erit, quo magis obsides pecunia iumenta hostibus populi Romani dentur aduersus rem publicam.
[SCAEVOLA, Book 4 of Rules] And he by whose malicious intent anyone has been forced by an oath to act against the state; or by whose malicious intent the army of the Roman people shall have been led into an ambush or betrayed to the enemy; or he by whose malicious intent it is said to have been brought about that the enemy should not come under the power of the Roman people; or he by whose assistance and malicious intent the enemies of the Roman people shall have been aided with provisions, arms, weapons, horses, money, or any other thing; or [by whose malicious intent it shall have been brought about] that the enemies of the Roman people should be made out of friends; or by whose malicious intent it shall have been brought about that the king of a foreign nation should obey the Roman people less; or by whose assistance and malicious intent it shall have been brought about that hostages, money, or beasts of burden should, to the detriment of the state, be given to the enemies of the Roman people.
item qui confessum in iudicio reum et propter hoc in uincula coniectum emiserit.
Likewise he who has released a defendant who confessed in court and was on this account cast into chains.
H §48.4.4.1oc crimine liberatus est a senatu, qui statuas imperatoris reprobatas conflauerit.
He who melted down discredited statues of the emperor was acquitted of this crime by the senate.

Notes

  1. §48.4.4.prcuiusque — Genitive of the relative pronoun referring back to the accusative pronoun `eum` in the preceding §48.4.3.pr. The subsequent occurrences of `cuiusue` and `cuius` follow the same structure, describing "the person (by whose malicious intent...)" who is held liable under the law on treason.
  2. §48.4.4.prquo minus — The conjunction `quominus` (here written separately) expressing prevention or hindrance, taking the subjunctive `ueniant` to mean "lest the enemy come under the power of the Roman people."
  3. §48.4.4.prutue ex amicis — The preceding phrase `cuiusue dolo malo factum erit` (or a similar verbal phrase) is understood as omitted, and the clause `ut... fiant` follows as its noun clause.
  4. §48.4.4.1reprobatas — Perfect passive participle of `reprobare` ("to reject" or "disapprove"). It refers to statues that have been officially rejected or condemned (e.g., following damnatio memoriae), in contrast to the destruction of statues of a reigning or legitimate emperor, which would constitute treason.

Cite this passage

Justinian I, The Digest of Justinian §48.4.4.pr-48.4.4.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.4.4.pr-48.4.4.1

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