Humanitext Reader

Justinian I · The Digest of Justinian §48.9.7.pr

Parricide Liability for Creditors Financing the Crime

Passage 8263 of 9271 · Latin

Summary

Ulpian discusses that a creditor who knowingly provides money for the commission of a crime, such as parricide, is also liable to the penalty for parricide.

[IDEM libro uicensimo nono ad edictum. ] §48.9.7.prSi sciente creditore ad scelus committendum pecunia sit subministrata, ut puta si ad ueneni mali comparationem uel etiam ut latronibus adgressoribusque daretur, qui patrem interficerent: parricidii poena tenebitur, qui quaesierit pecuniam quique eorum ita crediderit aut a quo ita cauerint.
[THE SAME, On the Edict, Book 29] If money is supplied to commit a crime with the creditor's knowledge—for instance, for the procurement of active poison, or even to be given to robbers and attackers who are to kill the father—whoever sought the money, and whoever of them lent it in this manner, or he to whom they gave security in this manner, shall be liable to the penalty for parricide.

Notes

  1. §48.9.7.prsciente creditore — Ablative absolute construction consisting of the present participle 'sciente' and the noun 'creditore'. It indicates the prerequisite circumstance that the creditor lent the money 'knowing' the criminal purpose.
  2. §48.9.7.prcrediderit — The verb 'credere' (to trust) is used in a legal context to mean 'to lend (on credit)'. The adverb 'ita' (in this manner) refers back to the circumstance of 'sciente creditore' (knowing that it was for a criminal purpose).
  3. §48.9.7.pra quo ita cauerint — 'cauerint' is the future perfect (or perfect subjunctive) of 'cavere' (to give security, provide a guarantee). 'a quo' is the ablative of the relative pronoun referring to the person (the creditor) to whom the borrowers gave security. Thus, the phrase means 'he to whom they (the borrowers) gave security in this manner', referring to the creditor who lent money after receiving security.

Cite this passage

Justinian I, The Digest of Justinian §48.9.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.9.7.pr

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