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Justinian I · The Digest of Justinian §3.1.9.pr

Territorial Scope of Application Bans Not Involving Infamy

Passage 456 of 9271 · Latin

Summary

Papinian states that a person prohibited from applying for others for a reason not involving infamy is only barred in the province of the governor who passed sentence, and not in other provinces even for the same cause.

[IDEM libro primo responsorum. ] §3.1.9.prEx ea causa prohibitus pro alio postulare, quae infamiam non irrogat ideoque ius pro omnibus postulandi non aufert, in ea tantum prouincia pro aliis non recte postulat, in qua praeses fuit qui sententiam dixit, in alia uero non prohibetur, licet eiusdem nominis sit.
[THE SAME, in the first book of Opinions.] A person who, for a reason which does not impose infamy and therefore does not take away the right of making applications on behalf of all persons, has been prohibited from making applications on behalf of another, does not properly make applications on behalf of others only in that province in which the governor who pronounced the sentence was in office, but in another province he is not prohibited, even though the cause is of the same name.

Notes

  1. §3.1.9.prprohibitus — Perfect participle in the masculine singular nominative, used substantively as the subject of the main verb postulat ("a person who has been prohibited").
  2. §3.1.9.prlicet eiusdem nominis sit — A concessive clause where the conjunction licet ("although") takes the subjunctive sit. eiusdem nominis is a genitive of description modifying the omitted subject (the preceding causa), meaning "although [the cause] is of the same category."

Cite this passage

Justinian I, The Digest of Justinian §3.1.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.1.9.pr

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