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Justinian I · The Digest of Justinian §42.4.13.pr

Defense in Provinces for Those Remitted to Emperors

Passage 6947 of 9271 · Latin

Summary

This text states that a defendant remitted to the emperors' hearing is not compelled to defend himself in Rome for other lawsuits, but must still be defended in his province, as failure to appear through a defender leads to the sale of property.

[PAPINIANUS libro quarto decimo responsorum. ] §42.4.13.prAd cognitionem imperatorum a praeside prouinciae remissus etsi in ceteris litibus Romae defendere se non cogitur, tamen in prouincia defendendus est: nam et exilio temporario puniti, si defensor non existat, bona ueneunt.
[PAPINIANUS, book fourteen of Opinions.] A person who has been remitted by the governor of a province to the hearing of the emperors, even if he is not compelled to defend himself in Rome in other lawsuits, must nevertheless be defended in the province; for even in the case of one punished with temporary exile, if a defender does not appear, his property is sold.

Notes

  1. §42.4.13.prremissus — A perfect passive participle (nominative masculine singular) modifying the implied subject of the main gerundive 'defendendus est' (i.e., 'one who has been remitted'). It functions substantively, equivalent to 'is qui remissus est'.
  2. §42.4.13.prpuniti — The genitive masculine singular of 'punitus', the perfect passive participle of 'punio' (to punish). It functions as a possessive genitive modifying 'bona' (property) at the end of the sentence, meaning 'the property of one punished with temporary exile'.
  3. §42.4.13.prueneunt — The third-person plural present indicative of the irregular verb 'ueneo' (to be sold). It is a neuter-passive verb used as the passive equivalent of 'uendo' (to sell), and its subject is 'bona'.

Cite this passage

Justinian I, The Digest of Justinian §42.4.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.4.13.pr

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