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Justinian I · The Digest of Justinian §28.1.26.pr

Effects of Being Intestabilis on Testimonial Capacity

Passage 4116 of 9271 · Latin

Summary

The text discusses whether the legal effect of being declared intestabilis (disqualified from testifying) extends not only to the rejection of one's own testimony but also to the exclusion of others testifying on one's behalf.

[GAIUS libro uicesimo secundo ad edictum prouinciale. ] §28.1.26.prCum lege quis intestabilis iubetur esse, eo pertinet, ne eius testimonium recipiatur et eo amplius, ut quidam putant, neue ipsi dicatur testimonium.
[GAIUS in the twenty-second book on the Provincial Edict.] When anyone is ordered by law to be intestabilis, this means that his testimony is not to be received, and furthermore, as some think, that testimony is not to be given for him.

Notes

  1. §28.1.26.preo pertinet — A combination of the adverb eo (to that point) and the verb pertinet (reaches, relates). The subsequent ne and neue clauses specify its substance, forming the construction meaning 'the effect extends to...' or 'it means that...'.
  2. §28.1.26.printestabilis — A technical term in ancient Roman law dating back to the Twelve Tables, denoting a person legally disqualified from acting as a witness (active capacity) and from calling witnesses on their own behalf (passive capacity).
  3. §28.1.26.pripsi dicatur — The dative ipsi indicates advantage ('for him'). Since testimonium dicere alicui means 'to give testimony for someone (on their behalf)', the passive neue ipsi dicatur testimonium means 'nor is testimony to be given for him', representing the loss of passive capacity to have others testify in his favor.

Cite this passage

Justinian I, The Digest of Justinian §28.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.1.26.pr

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