Ad legem Iuliam de vi privata
(Concerning the Julian law relating to private violence.)
1 Marcianus libro quarto decimo institutionum. De vi privata damnati pars tertia bonorum ex lege Iulia publicatur et cautum est, ne senator sit, ne decurio, aut ullum honorem capiat, neve in eum ordinem sedeat, neve iudex sit: et videlicet omni honore quasi infamis ex senatus consulto carebit. 1Eadem poena adficiuntur, qui ad poenam legis Iuliae de vi privata rediguntur, et si quis ex naufragio dolo malo quid rapuerit. 2Sed et ex constitutionibus principum extra ordinem, qui de naufragiis aliquid diripuerint, puniuntur: nam et divus Pius rescripsit nullam vim nautis fieri debere et, si quis fecerit, ut severissime puniatur.
1 Marcianus, Institutes, Book XIV. Anyone who is convicted of private violence is punished under the Julian Law by the confiscation of the third part of his property; and it is provided that he shall not be a Senator or a decurion; or obtain any mark of distinction, or be permitted to sit with any of the above-named officials; or be a judge; and, according to the Decree of the Senate, he shall be stripped of all his honors as a person who is infamous. 1Those who are liable to the penalty of the Julian Law relating to Private Violence are subjected to the same punishment if they have been guilty of fraudulently and forcibly appropriating any goods in a shipwreck. 2Anyone who plunders property which has been shipwrecked is punished arbitrarily under the Imperial Constitutions; for the Divine Pius stated in a Rescript that no force should be employed against sailors, and if anyone did so that he should be severely punished.
2 Scaevola libro quarto regularum. Hac lege tenetur, qui convocatis hominibus vim fecerit, quo quis verberetur pulsaretur, neque homo occisus erit:
2 Scævola, Rules, Book IV. He is liable under this law who, by means of a crowd of men, employs force, in consequence of which some person is beaten or struck, even if no one is killed.
3 Macer libro primo publicorum. nec interest, liberos an servos et suos an alienos quis ad vim faciendam convocaverit. 1Nec minus hi, qui convocati sunt, eadem lege tenentur. 2Sed si nulli convocati nullique pulsati sint, per iniuriam tamen ex bonis alienis quid ablatum sit, hac lege teneri eum qui id fecerit.
3 Macer, Public Prosecutions, Book I. It makes no difference whether the crowd was convoked for the purpose of employing violence against freemen, or one’s own slaves, or slaves belonging to another. 1Those who have been assembled are none the less liable under the same law. 2If, however, no persons have been assembled, and none has been beaten, but something has been unjustly taken from property belonging to others, he who did so will be liable under this law.
4 Paulus libro quinquagensimo quinto ad edictum. Legis Iuliae de vi privata crimen committitur, cum coetum aliquis et concursum fecisse dicitur, quo minus quis in ius produceretur. 1Et si quis quaestionem de alterius servo habuisset: et ideo moderatius edicto praetoris de iniuriis utendum esse Labeo ait.
4 Paulus, On the Edict, Book LV. The crime punished by the Julian Law is committed where someone is said to have assembled a crowd or a mob, to prevent a person from being produced in court. 1If anyone should put the slave of another to torture, Labeo says that the Edict of the Prætor relating to injuries can be resorted to, and thus greater moderation be displayed.
5 Ulpianus libro sexagensimo nono ad edictum. Si quis aliquem deiecit ex agro suo hominibus congregatis sine armis, vis privatae postulari possit.
5 Ulpianus, On the Edict, Book LXIX. If anyone should expel a person from his land by means of a crowd of men who are unarmed, he can be prosecuted for private violence.
6 Modestinus libro octavo regularum. Ex senatus consulto Volusiano, qui inprobe coeunt in alienam litem, ut, quidquid ex condemnatione in rem ipsius redactum fuerit, inter eos communicaretur, lege Iulia de vi privata tenentur.
6 Modestinus, Rules, Book VIII. Under the Volusian Decree of the Senate, those who improperly assemble in order to manifest opposition to a lawsuit of others, and agree that anything obtained from the parties by condemnation shall be divided among them, are liable under the Julian Law relating to Private Violence.
7 Callistratus libro quinto de cognitionibus. Creditores si adversus debitores suos agant, per iudicem id, quod deberi sibi putant, reposcere debent: alioquin si in rem debitoris sui intraverint id nullo concedente, divus Marcus decrevit ius crediti eos non habere. verba decreti haec sunt. ‘Optimum est, ut, si quas putas te habere petitiones, actionibus experiaris: interim ille in possessione debet morari, tu petitor es’. et cum Marcianus diceret: ‘vim nullam feci’: Caesar dixit: ‘tu vim putas esse solum, si homines vulnerentur? vis est et tunc, quotiens quis id, quod deberi sibi putat, non per iudicem reposcit. non puto autem nec verecundiae nec dignitati nec pietati tuae convenire quicquam non iure facere. quisquis igitur probatus mihi fuerit rem ullam debitoris non ab ipso sibi traditam sine ullo iudice temere possidere, eumque sibi ius in eam rem dixisse, ius crediti non habebit’.
7 Callistratus, On Judicial Inquiries, Book V. Creditors, who proceed against their debtors, should demand a second time, through the judge, what they think to be due to them. Otherwise, if they enter upon the property of the debtor without permission having been given them to do so, the Divine Marcus decreed that they had no longer any right to their claims. The following are the terms of the Decree: “It is very proper, where you think that you have claims, that you should attempt to collect them by means of actions. In the meantime, the other party should remain in possession, for you are merely the plaintiff.” And when Marcianus said that no force had been employed, the Emperor replied: “You think that force is only employed when men are wounded. Force is employed when anyone thinks that he can take what is due to him without demanding it a second time through the judge. I do not think that it is consistent either with your character for reserve or your dignity, to commit an act which is unauthorized by law. Therefore, whenever it is proved to me that any property of the debtor was not delivered by him to his creditor, but that the latter boldly took possession of it without being authorized by a court, and he has declared that he was entitled to the property, he will forfeit his right to the claim.”
8 Modestinus libro secundo de poenis. Si creditor sine auctoritate iudicis res debitoris occupet, hac lege tenetur et tertia parte bonorum multatur et infamis fit.
8 Modestinus, On Punishments, Book II. Where a creditor, without judicial authority, seizes the property of his debtor, he is liable under this law, will be fined a third part of his property, and will become infamous.