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Justinian I · The Digest of Justinian §48.6.3.pr-48.6.3.6

Acts Subject to the Lex Julia on Violence: Riots and Assaults

Passage 8222 of 9271 · Latin

Summary

Marcianus enumerates specific unlawful acts subject to the Lex Julia on violence, including conspiring to riot, being in public armed, storming villas, plundering during a fire, committing sexual assault by force, and dispossessing owners using armed forces.

[MARCIANUS libro quarto decimo institutionum. ] §48.6.3.prIn eadem causa sunt, qui turbae seditionisue faciendae consilium inierint seruosue aut liberos homines in armis habuerint.
[MARCIANUS, Institutes, Book 14] Those who have formed a plan to cause a crowd or a riot, or have kept slaves or free men in arms, are in the same case.
§48.6.3.1Eadem lege tenetur, qui pubes cum telo in publico fuerit.
Anyone of puberty age who has been in public with a weapon is bound by the same law.
§48.6.3.2In eadem causa sunt, qui pessimo exemplo conuocatu seditione uillas expugnauerint et cum telis et armis bona rapuerint.
Those who, by setting a most pernicious example, have convocated a riot to storm villas and have plundered property with weapons and arms, are in the same case.
§48.6.3.3Item tenetur, qui ex incendio rapuerit aliquid praeter materiam.
Likewise is bound he who has plundered anything from a fire, except for timber.
§48.6.3.4Praeterea punitur huius legis poena, qui puerum uel feminam uel quemquam per uim stuprauerit.
Furthermore, he who has by force ravished a boy or a woman or anyone else is punished with the penalty of this law.
§48.6.3.5Sed et qui in incendio cum gladio aut telo rapiendi causa fuit uel prohibendi dominum res suas seruare, eadem poena tenetur.
But also he who, during a fire, was present with a sword or weapon for the purpose of plundering, or for the purpose of preventing the owner from saving his property, is bound by the same penalty.
§48.6.3.6Eadem lege tenetur, qui hominibus armatis possessorem domo agroue suo aut naui sua deiecerit expugnauerit
Anyone who, by means of armed men, has expelled or driven out a possessor from his house, field, or ship is bound by the same law.

Notes

  1. §48.6.3.2conuocatu seditione — Although there are textual variants such as conuocata seditione, it is interpreted here as "by summoning a riot," taking conuocatu as the ablative of the fourth-declension noun convocatus, or treating the phrase as a corrupted form of an ablative absolute equivalent to "a riot having been summoned."
  2. §48.6.3.5prohibendi dominum res suas seruare — prohibendi is a genitive gerund depending on the preceding causa from rapiendi causa, meaning "for the purpose of preventing." The verb prohibere takes an accusative (dominum) and an infinitive (seruare) construction, meaning "preventing the owner from saving his property."

Cite this passage

Justinian I, The Digest of Justinian §48.6.3.pr-48.6.3.6. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.6.3.pr-48.6.3.6

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