Humanitext Reader

Justinian I · The Digest of Justinian §48.6.7.pr

Public Violence in Violating Citizens' Appeal and Harming Envoys

Passage 8226 of 9271 · Latin

Summary

This section provisions that magistrates holding command who inflict death or torture on Roman citizens despite their right of appeal, as well as those who assault ambassadors and their attendants, are liable under the Julian Law on Public Violence.

[IDEM libro octauo de officio proconsulis. ] §48.6.7.prLege Iulia de ui publica tenetur, qui, cum imperium potestatemue haberet, ciuem Romanum aduersus prouocationem necauerit uerberauerit iusseritue quid fieri aut quid in collum iniecerit, ut torqueatur.
[THE SAME, On the Office of Proconsul, Book 8] He is liable under the Julian law on public violence who, when he held command or power, has killed or beaten a Roman citizen against his appeal, or ordered any such thing to be done, or cast anything upon his neck in order that he might be tortured.
item quod ad legatos oratores comitesue attinebit, si quis eorum pulsasse et siue iniuriam fecisse arguetur.
Likewise, as far as it relates to ambassadors, spokesmen, or companions, if anyone shall be proved to have struck them or to have done them an injury.

Notes

  1. §48.6.7.praduersus prouocationem — "against appeal". Prouocatio refers to the right of a Roman citizen to appeal to the popular assembly against a magistrate's coercive measures (such as execution or scourging). Here, inflicting physical punishment despite or in defiance of this appeal is marked as an unlawful act of public violence.
  2. §48.6.7.prquid in collum iniecerit, ut torqueatur — Quid is an indefinite pronoun standing for aliquid (with ali- dropped after aut), meaning "anything". Ut torqueatur is a purpose clause (third-person singular present subjunctive passive) meaning "in order that he [the citizen] might be tortured".
  3. §48.6.7.prsi quis eorum pulsasse et siue iniuriam fecisse arguetur — Pulsasse (contracted form of pulsauisse) and iniuriam fecisse function as infinitive phrases representing the charge under the main verb arguetur (future passive, "shall be accused/proved"). Et siue, though textually problematic, is understood here as a coordinating alternative connection ("or").

Cite this passage

Justinian I, The Digest of Justinian §48.6.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.6.7.pr

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

Translation, notes and summary are AI-generated drafts, revised through reader feedback.