Humanitext Reader

Justinian I · The Digest of Justinian §12.2.33.pr

Validity of Swearing by One's Safety and Re-swearing

Passage 1930 of 9271 · Latin

Summary

This section explains that swearing by one's own safety is not considered a valid oath unless specifically required in that manner, and thus a proper oath must be taken anew.

[ULPIANUS libro uicesimo octauo ad Sabinum. ] §12.2.33.prQui per salutem suam iurat, licet per deum iurare uidetur (respectu enim diuini numinis ita iurat), attamen, si non ita specialiter iusiurandum ei delatum est, iurasse non uidetur: et ideo ex integro sollemniter iurandum est.
[ULPIAN, Book 28 on Sabinus.] He who swears by his own safety, although he seems to swear by God (for he swears in this way out of respect for the divine power), nevertheless, if the oath was not tendered to him specifically in this manner, is not considered to have sworn; and therefore, the oath must be taken solemnly anew.

Notes

  1. §12.2.33.prlicet ... uidetur — An instance where the conjunction `licet` is followed by the indicative `uidetur`. While classical Latin generally requires the subjunctive, the indicative in concessive clauses with `licet` is frequently found in post-classical and legal Latin.
  2. §12.2.33.priusiurandum ei delatum est — `iusiurandum deferre` is a legal technical term meaning to tender or proffer an oath to the opposing party in a lawsuit. Here in the passive `delatum est`, it indicates that unless the oath was specifically demanded in that particular form by the adversary, it does not count as a valid oath.
  3. §12.2.33.prex integro ... iurandum est — `ex integro` is an idiomatic phrase meaning "anew" or "from the beginning." `iurandum est` is an impersonal gerundive construction representing obligation ("an oath must be taken").

Cite this passage

Justinian I, The Digest of Justinian §12.2.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.2.33.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.