restricted access 12. VIOLATION OF A TOMB
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BOOK FORTY-SEVEN/VIOLATION O F A TOMB 299 are to be punished more severely than thieves. And so they are condemned to a period of forced labor or are beaten with cudgels and released or are temporarily relegated to an island. 8 ULPIAN,Duties o f Proconsul, book 9: There are also offenses which it is for the governor to punish as, for example, if someone say that his records are noised abroad; for the prosecution of this matter was entrusted to the prefect of the city by the deified brothers. 9 ULPIAN,Duties of Proconsul, book 9: There are activities which allow of punishment according to the custom of the province. For instance, in the province of Arabia, U K O T ~ E X L U ~ O Vis called a crime. Its nature is this: a number of enemies U K O ~ ? T E A ~ > E L ~ the land of the person to whom they are hostile, that is, they place stones as a sign that if anyone cultivate that land, he will die horribly by reason of the plot of those who place the stones; this creates such fear that no one dares to approach this land, fearing the maleficence of those who place the stones. Such conduct the governor should punish severely, even with the capital penalty; for the very act threatens death. 10 ULPIAN,Duties o f Proconsul, book 9: In Egypt, one who breaks or pulls down the embankments (that is, the mounds designed to contain the waters of the Nile) is also punished by extraordinary process. And according to their station and the measure of their guilt, they are condemned; for some are condemned to forced labor and others to the mines, those to the mines, variously according to their social position. If someone dig up sycamore trees, this offense is treated by extraordinary process with no light penalty because these trees firm up the embankments of the Nile, whereby its floods are regulated and directed. Equally, reductions in the flow are punished; also dikes, sluices, and breaches made in the embankments bring punishment onthose responsible. 11 PAUL,Views, book 1 : And an action is allowed, according to the magnitude of the offense, against itinerant traders who carry around and produce snakes, if anyone be harmed by fear of them. VIOLATION OF A TOMB 1 ULPIAN,Praetor's Edict, book 2: The action for violation of a tomb entails infamia. 2 ULPIAN,Praetor's Edict, book 18: If someone destroy a tomb, the action under the lex Aquilia no longer has any application; the [interdict] against force or stealth will have to be brought; Celsus says the same in respect of a statue torn from a funeral monument. He also asks whether something which was not soldered thereto or otherwise affixed remains part of our assets or becomes part of the monument. And Celsus says that it is part of the monument, as would be an ossuary, and, therefore, there is scope for the interdict against force or stealth. 3 ULPIAN,Praetor's Edict, book 25: The praetor says: "Where it be said that a tomb has been violated by someone's evil design, I will give an actio infactum against him so that he be condemned for what is right and fitting to the person affected. If there be no such person or if he does not wish to sue, I will give an action for a hundred gold pieces to anyone who does wish to take action. If there be several who wish to take proceedings, I will grant the power of suing to him whose cause appears most meritorious . And if anyone dolosely live in a tomb or has some other establishment in what BOOK FORTY-SEVEN /VIOLATION OF A TOMB 299 are to be punished more severely than thieves. And so they are condemned to a period of forced labor or are beaten with cudgels and released or are temporarily relegated to an island. 8 ULPIAN, Duties of Proconsul, book 9: There are also offenses which it is for the governor to punish as, for example, if someone say that his records are noised abroad; for the prosecution ofthis matter was entrusted to the prefect ofthe city by the deified brothers. 9 ULPIAN, Duties of Proconsul, book 9: There are activities which allow of punishment according to the custom of the province. For instance, in the province of Arabia, UK07rBAtuj-tov is called a crime. Its nature is this...


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