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Justinian I · The Digest of Justinian §42.5.30.pr

Contesting Unlawful Sale of Goods by Preliminary Action

Passage 6979 of 9271 · Latin

Summary

The joint Emperors Antoninus and Verus issued a rescript stating that those who claim their goods were unlawfully sold must contest the matter through a preliminary lawsuit, rather than petitioning the Emperor directly to rescind the sale.

[PAPIRIUS IUSTUS libro primo de constitutionibus. ] §42.5.30.prImperatores Antoninus et Uerus Augusti rescripserunt eos, qui bona sua negant iure uenisse, praeiudicio experiri debere et frustra principem desiderare rescindi uenditionem.
[PAPIRIUS IUSTUS on Constitutions, book 1.] The Emperors Antoninus and Verus Augusti wrote in a rescript that those who deny that their goods were lawfully sold ought to try their case by a preliminary action, and that they in vain desire the Emperor to rescind the sale.

Notes

  1. §42.5.30.pruenisse — The perfect active infinitive of the verb ueneo, uenire (to be sold). It is homonymous with the perfect infinitive of uenio, uenire (to come), but here it carries the meaning of 'to be sold'.
  2. §42.5.30.prpraeiudicio experiri — experiri is used here in the sense of 'to contest legally, resort to a legal remedy.' Accompanied by the ablative of means praeiudicio (preliminary lawsuit / prejudicial action), it means that they should contest the matter through a preliminary lawsuit.
  3. §42.5.30.prprincipem desiderare rescindi uenditionem — The logical subject of desiderare is the preceding eos. It takes the infinitive phrase rescindi uenditionem (that the sale be rescinded) as its object, with principem (the emperor) acting either as the person of whom they request this action, or forming a nested accusative-with-infinitive structure ('to desire that the emperor rescind the sale').

Cite this passage

Justinian I, The Digest of Justinian §42.5.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.30.pr

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