Humanitext Reader

Justinian I · The Digest of Justinian §48.7.2.pr

Collective Violence for Assault and Private Violence

Passage 8233 of 9271 · Latin

Summary

Scaevola rules that anyone who assembles a crowd to commit violence for the purpose of beating or striking someone, provided that no death occurs, is liable under this law.

[SCAEUOLA libro quarto regularum. ] §48.7.2.prHac lege tenetur, qui conuocatis hominibus uim fecerit, quo quis uerberetur pulsaretur, neque homo occisus erit:
[SCAEVOLA, Rules, Book 4] Anyone who, having gathered people together, has committed violence in order that someone might be beaten or struck, and no one has been killed, is held liable under this law:

Notes

  1. §48.7.2.prconuocatis hominibus — An ablative absolute construction expressing the attendant circumstance or means of committing the violence ("having called men together" or "by gathering people").
  2. §48.7.2.prquo quis uerberetur pulsaretur — The relative adverb quo introduces a purpose clause with the imperfect subjunctives uerberetur and pulsaretur, indicating that the purpose of the violence was to have someone beaten or struck.
  3. §48.7.2.prneque homo occisus erit — The future perfect indicative occisus erit expresses a negative condition ("provided that no one has been killed"). If a death had occurred, the offense would fall under a more severe charge (such as the lex Cornelia on assassins), making this a crucial boundary for the application of this law.

Cite this passage

Justinian I, The Digest of Justinian §48.7.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.7.2.pr

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