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Justinian I · The Digest of Justinian §3.1.8.pr

Restoration of the Right to Apply After Expiry of Ban or Exile

Passage 455 of 9271 · Latin

Summary

Based on imperial rescripts, the text discusses how persons subjected to a time-limited ban on advocacy or to exile recover their right to make applications after the period expires or upon their return.

[PAPINIANUS libro secundo quaestionum. ] §3.1.8.prImperator Titus Antoninus rescripsit eum, cui aduocationibus in quinquennio interdictum esset, post quinquennium pro omnibus postulare non prohiberi.
[PAPINIANUS, in the second book of Questions.] The Emperor Titus Antoninus replied by rescript that a person who had been debarred from advocacy for five years is not prohibited, after the five years, from making applications on behalf of all persons.
diuus quoque Hadrianus rescripserat de exilio reuersum postulare posse.
The deified Hadrian also had replied by rescript that a person who had returned from exile could make applications.
nec adhibetur distinctio, quo crimine silentium uel exilium sit irrogatum, ne scilicet poena tempore determinata contra sententiae fidem ulterius porrigatur.
Nor is any distinction made as to the crime for which the silence or exile was imposed, namely, lest a penalty limited in time should be extended further against the meaning of the sentence.

Notes

  1. §3.1.8.preum ... non prohiberi — This is an accusative with infinitive (AcI) construction serving as the object of the main verb `rescripsit` (replied by rescript), where `eum` is the subject accusative of the infinitive `prohiberi`.
  2. §3.1.8.prcui aduocationibus in quinquennio interdictum esset — In this relative clause, the verb `interdicere` is used in the impersonal passive, taking the dative `cui` (to whom) and the ablative `aduocationibus` (from advocacy), meaning "one who had been barred from advocacy for five years."
  3. §3.1.8.prsilentium — A metonymic expression referring to the state of being barred from speaking or advocating in court, recalling the earlier phrase `aduocationibus ... interdictum`.
  4. §3.1.8.prcontra sententiae fidem — "Against the meaning (or integrity) of the sentence." It expresses the legal principle that once a penalty is temporally limited, extending its effects further would contradict the original intent or authority of the judgment.

Cite this passage

Justinian I, The Digest of Justinian §3.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.1.8.pr

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