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The Digest of Justinian

§3.6.8.pr

Restitution and Penalty for Extortion from the Innocent

It is stated that if it is revealed that money was unlawfully extorted from an innocent person under a pretext of crime, the judge must order its restoration in accordance with the Edict and punish the offender.

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[ULPIANUS libro quarto opinionum.]

[ULPIANUS, Opinions, book 4]

§3.6.8.pr

​Si ab eo, qui innocens fuit, sub specie criminis alicuius, quod in eo probatum non est, pecuniam acceptam1 is cuius de ea re notio est edoctus fuerit: id quod illicite extortum est secundum edicti formam, quod de his est, qui pecuniam ut negotium facerent aut non facerent accepisse dicerentur, restitui iubeat2 et ei, qui id commisit, pro modo delicti poenam irroget.

​If he who has jurisdiction over the matter has been informed that money was accepted from a person who was innocent, under the pretext of some crime which has not been proved against him: he should order that what was unlawfully extorted be restored in accordance with the terms of the Edict, which relates to those who are said to have accepted money in order to cause or not to cause trouble, and he should impose a penalty upon the person who committed it, in proportion to the gravity of the offense.

Syntax notes2 items
  1. 3.6.8.prpecuniam acceptam

    The verb edoceo (to inform or teach someone of something) takes a double accusative in the active voice. In the passive form edoctus fuerit, the person informed (is cuius...) becomes the subject, while the accusative phrase expressing the thing informed (pecuniam acceptam [esse], "that money was accepted") is retained.

  2. 3.6.8.priubeat

    The verb in the main clause corresponding to the conditional clause Si... edoctus fuerit (either perfect subjunctive or future perfect indicative). The present subjunctives (iubeat and irroget) are used to express an instruction or hortatory command addressed to the judge ("he should order... and impose...").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.6.8.pr