24. DEAD BODIES OF PUNISHED PERSONS
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BOOK FORTY-EIGHT/DEAD BODIES 377 23 THOSE WHO HAVE SERVED THEIR SENTENCE AND BEEN REINSTATED 1 ULPIAN,Edict, book 38: A patron who has been deported and reinstated is allowed to inherit from his freedman. 1. But if he be reinstated after condemnation to the mines, would his having been a servus poenae extinguish his right of patronage, even after his reinstatement? The prevailing view is that the slavery would not extinguish the right of patronage. 2 ULPIAN,Opinions, book 5: If a person reinstated after deportation has recovered his rank by favor of the emperor, he is not, however, [automatically]reinstated in all his property, nor can he be sued by his creditors or in the name of the state. But if, having been offered by the emperor the opportunity of recovering his property as well, he prefers to abandon it and to disembarrass himself of the actions to which he had been liable before his sentence, he cannot do so. 3 PAPINIAN, Replies, book 16: The imperial treasury retained the property of a person who had been deported to an island after his punishment had been remitted; it was agreed that his creditors from before the event did not have [rights of] action against him who had formerly been their debtor. But if he also recovers his property along with the grant of reinstatement of his rank, utiles actiones will not be necessary, since direct ones are indeed competent. 4 PAUL,Questions, book 17: A woman who had been condemned to the mines gave birth to a child whom she had conceived beforehand and was then reinstated by the emperor. It will be more humane to say that the rights of blood relationship [to the child] appear to be restored to her also. 24 DEAD BODIES OF PUNISHED PERSONS 1 ULPIAN,Duties o f Proconsul, book 9: The bodies of those who suffer capital punishment are not to be refused to their relatives; and the deified Augustus writes in the tenth book of his de Vita Sua that he also had observed this [custom]. Today, however, the bodies of those who are executed are not buried otherwise than if this had been sought and granted. But sometimes it is not allowed, particularly [with the bodies] of those condemned for treason. The bodies of those condemned to be burned can also be sought so that the bones and ashes can be collected and handed over for burial. 2 MARCIAN, Criminal Proceedings, book 2: If anyone has been deported or relegated to an island, the punishment endures even after his death, nor is it lawful to remove him anywhere else for burial without consulting the emperor, as Severus and Antoninus very frequently wrote in rescripts; and they allowed the same favor to many petitioners. 3 PAUL,Views, book 1: The bodies of executed persons are to be granted to any who seek them for burial. BOOK FORTY-EIGHT /DEAD BODIES 377 23 THOSE WHO HAVE SERVED THEIR SENTENCE AND BEEN REINSTATED 1 ULPIAN, Edict, book 38: A patron who has been deported and reinstated is allowed to inherit from his freedman. 1. But if he be reinstated after condemnation to the mines, would his having been a servus poenae extinguish his right of patronage, even after his reinstatement? The prevailing view is that the slavery would not extinguish the right of patronage. 2 ULPIAN, Opinions, book 5: If a person reinstated after deportation has recovered his rank by favor of the emperor, he is not, however, [automatically] reinstated in all his property, nor can he be sued by his creditors or in the name of the state. But if, having been offered by the emperor the opportunity of recovering his property as well, he prefers to abandon it and to disembarrass himself of the actions to which he had been liable before his sentence, he cannot do so. 3 PAPINIAN, Replies, book 16: The imperial treasury retained the property of a person who had been deported to an island after his punishment had been remitted; it was agreed that his creditors from before the event did not have [rights of] action against him who had formerly been their debtor. But if he also recovers his property along with the grant of reinstatement of his rank, utiles actiones will not be necessary, since direct ones are indeed competent. 4 PAUL, Questions, book 17: A woman who had been condemned to the mines gave birth to a child whom she had...


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