- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.1.8.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-01
Based on imperial rescripts, the text discusses how persons subjected to a time-limited ban on advocacy or to exile recover their right to make applications after the period expires or upon their return.
[PAPINIANUS libro secundo quaestionum.]
[PAPINIANUS, in the second book of Questions.]
Imperator Titus Antoninus rescripsit eum, cui aduocationibus in quinquennio interdictum esset,1 post quinquennium pro omnibus postulare non prohiberi.2 diuus quoque Hadrianus rescripserat de exilio reuersum postulare posse. nec adhibetur distinctio, quo crimine silentium3 uel exilium sit irrogatum, ne scilicet poena tempore determinata contra sententiae fidem4 ulterius porrigatur.
The Emperor Titus Antoninus replied by rescript that a person who had been debarred from advocacy for five years is not prohibited, after the five years, from making applications on behalf of all persons. The deified Hadrian also had replied by rescript that a person who had returned from exile could make applications. Nor is any distinction made as to the crime for which the silence or exile was imposed, namely, lest a penalty limited in time should be extended further against the meaning of the sentence.
- 3.1.8.prcui aduocationibus in quinquennio interdictum esset
In this relative clause, the verb interdicere is used in the impersonal passive, taking the dative cui (to whom) and the ablative aduocationibus (from advocacy), meaning "one who had been barred from advocacy for five years."
- 3.1.8.preum ... non prohiberi
This is an accusative with infinitive (AcI) construction serving as the object of the main verb rescripsit (replied by rescript), where eum is the subject accusative of the infinitive prohiberi.
- 3.1.8.prsilentium
A metonymic expression referring to the state of being barred from speaking or advocating in court, recalling the earlier phrase aduocationibus ... interdictum.
- 3.1.8.prcontra sententiae fidem
"Against the meaning (or integrity) of the sentence." It expresses the legal principle that once a penalty is temporally limited, extending its effects further would contradict the original intent or authority of the judgment.