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Justinian I · The Digest of Justinian §38.2.15.pr

Patron's Son Charging Capital Crime and Possessing Goods

Passage 5951 of 9271 · Latin

Summary

If the freedman's crime was inherently capital, even if a lighter penalty such as relegation was actually imposed, the patron's son who brought the charge is not excluded. This is because the praetor's edict was directed only at false accusers.

[TRYPHONINUS libro septimo decimo disputationum. ] §38.2.15.prIdem est et si crimen quidem, quod in liberto probatum est, meruerat capitis poenam, benignius autem punitus est libertus, ueluti tantum relegatus: de calumniatore enim sensit praetor.
[TRYPHONINUS libro septimo decimo disputationum.] It is the same also if the crime indeed, which was proved against the freedman, had merited a capital penalty, but the freedman was punished more leniently, as for instance merely relegated; for the praetor had in mind a false accuser.

Notes

  1. 38.2.15.prIdem est — This indicates that the conclusion of the preceding fragment (38.2.14.11), namely that the patron's son "is not to be rejected" (non erit repellendus) from the possession of goods contrary to the will, also applies to this case.
  2. 38.2.15.prde calumniatore enim sensit praetor — The verb sentire (here in the perfect third-person singular sensit) followed by the preposition de means "to have in mind" or "to intend to target." It explains the legislative intent of the praetor's edict, which was aimed specifically at false accusers (calumniatores), meaning that anyone who prosecuted and proved a true crime is not subject to exclusion.

Cite this passage

Justinian I, The Digest of Justinian §38.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.15.pr

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