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Justinian I · The Digest of Justinian §4.2.3.pr-4.2.3.1

Lawful Coercion and Unlawful Force by Magistrates

Passage 640 of 9271 · Latin

Summary

The passage explains that the clause covers both force and fear, distinguishes between lawful coercion by officials and unlawful force, and states that the edict applies even to Roman magistrates or provincial governors if they act unlawfully.

[ULPIANUS libro undecimo ad edictum. ] §4.2.3.prContinet igitur haec clausula et uim et metum, et si quis ui compulsus aliquid fecit, per hoc edictum restituitur.
[ULPIAN, On the Edict, book 11] Therefore, this clause includes both force and fear, and if anyone, compelled by force, has done anything, he is restored to his original position by this edict.
§4.2.3.1Sed uim accipimus atrocem et eam, quae aduersus bonos mores fiat, non eam quam magistratus recte intulit; scilicet iure licito et iure honoris quem sustinet.
But we understand force to mean that which is atrocious and which is employed contrary to good morals, and not that which a magistrate has rightfully applied; namely, by lawful right and by the right of the office which he holds.
ceterum si per iniuriam quid fecit populi Romani magistratus uel prouinciae praeses, Pomponius scribit hoc edictum locum habere: si forte, inquit, mortis aut uerberum terrore pecuniam alicui extorserit.
However, if a magistrate of the Roman people or a governor of a province has done anything unlawfully, Pomponius writes that this edict is applicable: if, for example, he says, he has extorted money from someone by the fear of death or scourging.

Notes

  1. §4.2.3.1accipimus — The verb accipere is used here not in the sense of physically receiving, but "understanding" or "interpreting" in a legal context of definition.
  2. §4.2.3.1iure honoris quem sustinet — The noun honos (genitive honoris) here refers to a "public office" rather than abstract honor. It is the antecedent of the relative pronoun quem, which functions as the direct object of sustinet (to hold, sustain).
  3. §4.2.3.1locum habere — An idiomatic expression meaning "to have application" or "to apply" in a legal context, literally "to have a place." It forms the infinitive part of the accusative-and-infinitive construction introduced by scribit.

Cite this passage

Justinian I, The Digest of Justinian §4.2.3.pr-4.2.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.2.3.pr-4.2.3.1

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