← Justinian I

The Digest of Justinian

§5.1.8.pr

Promise of Prior Debt by Envoy and Forum Exemption

This section states that if an envoy, while on an embassy, promises to pay a debt contracted before the embassy, he cannot be forced to undergo trial in the place where he made that promise.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[GAIUS libro secundo ad edictum prouinciale.]

[GAIUS in the second book on the Provincial Edict.]

§5.1.8.pr

​Si quis in legatione constituerit1 quod ante legationem debuerit, non cogi eum2 ibi iudicium pati ubi constituerit.

​If anyone, while on an embassy, has promised to pay what he owed before the embassy, he is not compelled to undergo trial in the place where he made the promise.

Syntax notes2 items
  1. 5.1.8.prconstituerit

    In this legal context, constituere is used in the technical sense of 'to promise' or 'to agree to pay' (pecuniam constituere) at a certain time or place.

  2. 5.1.8.prnon cogi eum

    The accusative and infinitive construction non cogi eum is used as the main clause. This is a common elliptical usage in the Digesta to state a legal rule or opinion, implying 'it is held that' or 'it is determined that'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.8.pr