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The Digest of Justinian

§2.4.15.pr

Petition Against a Patron as Not Constituting a Summons

Paulus responds that when a freedman submits a petition against his patron to the emperor or governor, the praetor's edict concerning unauthorized summons does not apply, since presenting a petition is not considered summoning to court.

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[PAULUS libro primo quaestionum.]

[PAULUS, in the first book of Questions.]

§2.4.15.pr

​Libertus aduersus patronum dedit libellum non dissimulato se libertum esse eius:1 an si ad desiderium eius rescribatur,2 etiam edicti poena remissa esse uidetur? respondi non puto ad hunc casum edictum praetoris pertinere. neque enim qui libellum principi uel praesidi dat, in ius uocare patronum uidetur.

​A freedman presented a petition against his patron without concealing the fact that he was his freedman: if a rescript is issued in response to his request, is the penalty of the edict also considered to be remitted? I replied: “I do not think that the praetor’s edict applies to this case. For he who presents a petition to the emperor or the governor is not considered to summon his patron to court.”

Syntax notes2 items
  1. 2.4.15.prnon dissimulato se libertum esse eius

    An ablative absolute construction where the neuter singular perfect passive participle dissimulato takes the accusative with infinitive (AcI) clause se libertum esse eius as its logical subject: "it not being concealed that he was his freedman."

  2. 2.4.15.prad desiderium eius rescribatur

    The verb rescribere means to issue an official response (rescript) by the emperor or governor to a petition (desiderium). Here it is used in the impersonal passive subjunctive present third-person singular.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.4.15.pr