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Justinian I · The Digest of Justinian §2.4.15.pr

Petition Against a Patron as Not Constituting a Summons

Passage 279 of 9271 · Latin

Summary

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.

[PAULUS libro primo quaestionum. ] §2.4.15.prLibertus aduersus patronum dedit libellum non dissimulato se libertum esse eius: an si ad desiderium eius rescribatur, etiam edicti poena remissa esse uidetur? respondi non puto ad hunc casum edictum praetoris pertinere.
[PAULUS, in the first book of Questions.] 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.
neque enim qui libellum principi uel praesidi dat, in ius uocare patronum uidetur.
For he who presents a petition to the emperor or the governor is not considered to summon his patron to court."

Notes

  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.

Cite this passage

Justinian I, The Digest of Justinian §2.4.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.4.15.pr

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