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Justinian I · The Digest of Justinian §29.5.13.pr

Time Limit for Trials on Unlawfully Opened Wills

Passage 4559 of 9271 · Latin

Summary

It states that a five-year limitation period is established for trials concerning wills opened contrary to the senatus consultum of masters killed by their slaves, which applies only to outsiders, while those liable for parricide can be accused at any time.

[UENULEIUS SATURNINUS libro secundo de publicis iudiciis. ] §29.5.13.prIn cognitione aperti aduersus senatus consultum testamenti eius, qui a familia sua occisus dicatur, quinquennii tempus constitutum est senatus consulto Tauro et Lepido consulibus: quod tamen ad extraneos pertinet.
[VENULEIUS SATURNINUS, in the second book On Public Trials.] In the inquiry concerning the opening of a will, contrary to the senatus consultum, of a person who is said to have been killed by his own household slaves, a period of five years was established by a senatus consultum in the consulship of Taurus and Lepidus; this, however, applies to outsiders.
namque eos, qui parricidii poena teneri possunt, semper accusare permittitur eodem senatus consulto.
For, by the same senatus consultum, it is always permitted to accuse those who can be held liable under the penalty for parricide.

Notes

  1. §29.5.13.praperti — A perfect passive participle modifying the genitive noun `testamenti`. Since the Senatus Consultum Silanianum prohibited opening the will before the interrogation of the slaves, it refers to a "will opened contrary to the senatus consultum."
  2. §29.5.13.prfamilia — Here, it does not refer to "family" in the modern sense, but to the "body of household slaves" or "domestics" belonging to a single master.
  3. §29.5.13.prpermittitur — Used impersonally, taking the infinitive phrase `semper accusare` ("to always accuse") as its subject. `eos` is the accusative object of `accusare`.

Cite this passage

Justinian I, The Digest of Justinian §29.5.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.5.13.pr

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