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Justinian I · The Digest of Justinian §37.15.7.pr-37.15.7.5

Procedural Privileges and Liability of Patrons

Passage 5881 of 9271 · Latin

Summary

This passage outlines the procedural privileges of patrons and other revered individuals, specifying that they are condemned only to the extent of their financial ability, are exempt from certain exceptions and interdicts, and that this personal honor applies directly to themselves rather than their legal intervenors.

[ULPIANUS libro decimo ad edictum. ] §37.15.7.prlicet falsae mosae non sint.
[ULPIANUS, from the tenth book on the Edict.] even if they are not false damages.
§37.15.7.1Et in quantum facere possunt, damnantur.
And they are condemned to the extent that they are able to pay.
§37.15.7.2Nec exceptiones doli patiuntur uel uis metusue causa, uel interdictum unde ui uel quod ui patiuntur.
Nor do they suffer the exceptions of fraud, or on account of force or fear, nor do they suffer the interdict "whereby by force" or "what by force".
§37.15.7.3Nec deferentes iusiurandum de calumnia iurant.
Nor do they swear concerning calumny when they tender an oath.
§37.15.7.4Nec non et si uentris nomine in possessionem calumniae causa missa dicatur patrona, libertus hoc dicens non audietur, quia de calumnia patroni quaeri non debet.
Likewise, even if a patroness is said to have been put into possession in the name of the unborn child for the purpose of calumny, the freedman who says this will not be heard, because an inquiry ought not to be made into the calumny of a patron.
his enim personis etiam in ceteris partibus edicti honor habebitur.
For honor shall be shown to these persons in the other parts of the Edict as well.
§37.15.7.5Honor autem his personis habebitur ipsis, non etiam interuentoribus eorum: et si forte ipsi pro aliis interueniant, honor habebitur.
But this honor shall be shown to themselves, and not also to their intervenors; and if by chance they themselves intervene on behalf of others, the honor shall be shown.

Notes

  1. 37.15.7.prmosae — "mosae" in the manuscript is commonly regarded as a scribal error for "noxae" (liability or action for damages caused by a slave), following the context of the action for corrupting a slave discussed in the preceding section (37.15.6.pr).
  2. 37.15.7.1facere possunt — A formulaic expression referring to the "beneficium competentiae" (benefit of competence) in Roman law, a privilege whereby a debtor is condemned to pay only within the limits of their actual financial capacity, protecting them from complete destitution.
  3. 37.15.7.2patiuntur — The subject is the patrons or other revered persons. It describes their procedural protection, meaning they do not "suffer" (patior) or have to submit to the exceptions of fraud (exceptiones doli) or specific interdicts for restoring possession when sued by their freedmen.
  4. 37.15.7.4uentris nomine in possessionem... missa — Refers to the legal remedy of being put into possession of an estate on behalf of an unborn child (missio in possessionem uentris nomine) to preserve inheritance. This rule prevents a freedman from attacking a patroness by alleging that she obtained such possession fraudulently or on false grounds (calumniae causa).
  5. 37.15.7.5interuentoribus — "Intervenors" (interuentores) refer to third parties such as guarantors (fideiussores) or representatives (procurators) who step into a lawsuit on behalf of a principal. This clause clarifies that the personal privilege of honor belonging to the patron does not extend to those acting on their behalf.

Cite this passage

Justinian I, The Digest of Justinian §37.15.7.pr-37.15.7.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.15.7.pr-37.15.7.5

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