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Justinian I · The Digest of Justinian §3.6.8.pr

Restitution and Penalty for Extortion from the Innocent

Passage 628 of 9271 · Latin

Summary

It is stated that if it is revealed that money was unlawfully extorted from an innocent person under a pretext of crime, the judge must order its restoration in accordance with the Edict and punish the offender.

[ULPIANUS libro quarto opinionum. ] §3.6.8.prSi ab eo, qui innocens fuit, sub specie criminis alicuius, quod in eo probatum non est, pecuniam acceptam is cuius de ea re notio est edoctus fuerit: id quod illicite extortum est secundum edicti formam, quod de his est, qui pecuniam ut negotium facerent aut non facerent accepisse dicerentur, restitui iubeat et ei, qui id commisit, pro modo delicti poenam irroget.
[ULPIANUS, Opinions, book 4] If he who has jurisdiction over the matter has been informed that money was accepted from a person who was innocent, under the pretext of some crime which has not been proved against him: he should order that what was unlawfully extorted be restored in accordance with the terms of the Edict, which relates to those who are said to have accepted money in order to cause or not to cause trouble, and he should impose a penalty upon the person who committed it, in proportion to the gravity of the offense.

Notes

  1. §3.6.8.prpecuniam acceptam — The verb `edoceo` (to inform or teach someone of something) takes a double accusative in the active voice. In the passive form `edoctus fuerit`, the person informed (`is cuius...`) becomes the subject, while the accusative phrase expressing the thing informed (`pecuniam acceptam [esse]`, "that money was accepted") is retained.
  2. §3.6.8.priubeat — The verb in the main clause corresponding to the conditional clause `Si... edoctus fuerit` (either perfect subjunctive or future perfect indicative). The present subjunctives (`iubeat` and `irroget`) are used to express an instruction or hortatory command addressed to the judge ("he should order... and impose...").

Cite this passage

Justinian I, The Digest of Justinian §3.6.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.6.8.pr

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