De abigeis puniendis (D. 47, 14, 1; Coll. 11, 7, 13): el rescripto de Adriano sobre el robo de ganado en la Bética

Abstract

In this paper, I analyse a Hadrian’s reply sent to the concilium Baeticae. In this rescriptum are mentioned the penalties that ought to inflict to the abigei. First at all, I revise the commentaries made by the juristic writers about the crime of abigeatus, and then I questioned the opinions of several researchers about the significance of the damnatio ad gladium that appears in that reply. Then, I analyse the requirement of penal subject that was made by the concilium Baeticae and no by the proconsul as one could think. Finally, I examine the communis opinio about the affirmation on Hispania and, particularly, the provincial Baetica, as places where the abigeatus was an endemic crime since ancient times.