Corpus iurisprudentiae Romanae

Repertorium zu den Quellen des römischen Rechts

Digesta Iustiniani Augusti

Recognovit Mommsen (1870) et retractavit Krüger (1928)
Convertit in Anglica lingua Scott (1932)
Dig. XLVIII9,
De lege Pompeia de parricidiis
Liber quadragesimus octavus
IX.

De lege Pompeia de parricidiis

(Concerning the Pompeian Law on Parricides.)

1Marcianus libro quarto decimo institutionum. Lege Pompeia de parricidiis cavetur, ut, si quis patrem matrem, avum aviam, fratrem sororem patruelem matruelem, patruum avunculum amitam, consobrinum consobrinam, uxorem virum generum socrum, vitricum, privignum privignam, patronum patronam occiderit cuiusve dolo malo id factum erit, ut poena ea teneatur quae est legis Corneliae de sicariis. sed et mater, quae filium filiamve occiderit, eius legis poena adficitur, et avus, qui nepotem occiderit: et praeterea qui emit venenum ut patri daret, quamvis non potuerit dare.

1Marcianus, Institutes, Book XIV. It is provided by the Pompeian Law relating to Parricides that if anyone kills his father, his mother, his grandfather, his grandmother, his brother, his sister, his paternal uncle, his paternal aunt, his maternal uncle, his maternal aunt, his cousin of either sex, his wife, her husband, his son-in-law, his father-in-law, his stepfather, his stepson, his stepdaughter, his patron, or his patroness, or causes this to be done with malicious intent, he shall be liable to the penalty prescribed by the Cornelian Law relating to Assassins. A mother, who kills her son or her daughter, is also liable to the penalty of this law, as well as a grandfather who kills his grandson. Again, anyone who purchases poison for the purpose of administering it to his father is liable, even if he does not give it to him.

2Scaevola libro quarto regularum. Frater autem eius, qui cognoverat tantum nec patri indicaverat, relegatus est et medicus supplicio affectus.

2Scævola, Rules, Book IV. A brother of the guilty party, who was aware of the plan, and did not warn his father, was relegated, and the physician subjected to punishment.

3Marcianus libro quarto decimo institutionum. Sed sciendum est lege Pompeia de consobrino comprehendi, sed non etiam eos pariter complecti, qui pari propioreve gradu sunt. sed et novercae et sponsae personae omissae sunt, sententia tamen legis continentur:

3Marcianus, Institutes, Book XIV. It must be remembered that cousins are included in the Pompeian Law, but those are not equally implicated who are in the same, or a nearer degree. Also, mothers-in-law and women who have been betrothed are omitted; they are, however, included in accordance with the meaning of the law.

4Idem libro primo de publicis iudiciis. cum pater et mater sponsi sponsae socerorum, ut liberorum sponsi generorum appellatione continentur.

4The Same, On Public Prosecutions, Book I. Just as the fathers and mothers of married persons are embraced in the designation fathers and mothers-in-law, so the husbands of the children are embraced in the term sons-in-law.

5Idem libro quarto decimo institutionum. Divus Hadrianus fertur, cum in venatione filium suum quidam necaverat, qui novercam adulterabat, in insulam eum deportasse, quod latronis magis quam patris iure eum interfecit: nam patria potestas in pietate debet, non atrocitate consistere.

5The Same, Institutes, Book XIV. It is said that the Divine Hadrian, in a case where a certain man had, while hunting, killed his son who had committed adultery with his stepmother, caused him to be deported to an island, on the ground that he killed him rather as a thief than by asserting his right as a father; for paternal authority should rather be influenced by affection than by cruelty.

6Ulpianus libro octavo de officio proconsulis. Utrum qui occiderunt parentes an etiam conscii poena parricidii adficiantur, quaeri potest. et ait Maecianus etiam conscios eadem poena adficiendos, non solum parricidas. proinde conscii etiam extranei eadem poena adficiendi sunt.

6Ulpianus, On the Duties of Proconsul, Book VIII. The question may be asked whether those who kill their parents, or know of the crime, should be punished for parricide. Msecianus says that not only parricides, but also their accomplices, should undergo this penalty. Hence the accomplices, even if they are strangers, are punished in the same way.

7Idem libro vicensimo nono ad edictum. Si sciente creditore ad scelus committendum pecunia sit subministrata, ut puta si ad veneni mali comparationem vel etiam ut latronibus adgressoribusque daretur, qui patrem interficerent: parricidii poena tenebitur, qui quaesierit pecuniam quique eorum ita crediderint aut a quo ita caverint.

7The Same, On the Edict, Book XXIX. When money has been furnished for the commission of a crime, with the knowledge of a creditor, where, for instance, it has been given to purchase poison, or paid to robbers or assassins for the purpose of killing his father, he who obtained the money will be liable to the penalty for parricide, as well as those who lent it, or took measures to have it used in this way.

8Idem libro octavo disputationum. Parricidii postulatus si interim decesserit, si quidem sibi mortem conscivit, successorem fiscum habere debebit: si minus, eum quem voluit, si modo testamentum fecit: si intestatus decessit, eos heredes habebit, qui lege vocantur.

8The Same, Disputations, Book VIII. Where anyone accused of parricide dies before being convicted, even if he kills himself, he should have the Treasury as his successor, or if not, anyone whom he appointed by his will. If he should die intestate, he will have as heirs those who are designated by law.

9Modestinus libro duodecimo pandectarum. Poena parricidii more maiorum haec instituta est, ut parricida virgis sanguineis verberatus deinde culleo insuatur cum cane, gallogallinaceo et vipera et simia: deinde in mare profundum culleus iactatur. hoc ita, si mare proximum sit: alioquin bestiis obicitur secundum divi Hadriani constitutionem. 1Qui alias personas occiderint praeter matrem et patrem et avum et aviam (quos more maiorum puniri supra diximus), capitis poena plectentur aut ultimo supplicio mactantur. 2Sane si per furorem aliquis parentem occiderit, impunitus erit, ut divi fratres rescripserunt super eo, qui per furorem matrem necaverat: nam sufficere furore ipso eum puniri, diligentiusque custodiendum esse aut etiam vinculis coercendum.

9Modestinus, Pandects, Book XII. The penalty of parricide, as prescribed by our ancestors, is that the culprit shall be beaten with rods stained with his blood, and then shall be sewed up in a sack with a dog, a cock, a viper, and an ape, and the bag cast into the depth of the sea, that is to say, if the sea is near at hand; otherwise, it shall be thrown to wild beasts, according to the Constitution of the Divine Hadrian. 1Those who kill other persons than their father and mother, their grandfather and grandmother, whom we have stated above, are punished according to the custom of our ancestors, either suffer a capital penalty, or are sacrificed to the gods. 2When anyone, while insane, kills his parents, he shall go unpunished, as the Divine Brothers stated in a Rescript with reference to a man who, being insane, killed his mother; for it is sufficient for him to be punished by his insanity alone, but he must be guarded with great care, or else be kept in chains.

10Paulus libro singulari de poenis omnium legum. Eorum, qui parricidii poena teneri possunt, semper accusatio permittitur.

10Paulus, On the Penalties of All Laws. The accusation of those who are liable to the penalty of parricide is always permitted.