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Justinian I · The Digest of Justinian §47.15.6.pr

Penalty for Prevaricating Accusers in Trials Extra Ordinem

Passage 8080 of 9271 · Latin

Summary

Paulus explains, based on an imperial rescript, that in trials extra ordinem, prevaricating accusers must be punished with the same penalty that would have applied if they themselves had violated the law under which the defendant was acquitted.

[PAULUS libro singulari de iudicis publicis. ] §47.15.6.prAb imperatore nostro et patre eius rescriptum est, ut in criminibus, quae extra ordinem obiciuntur, praeuaricatores eadem poena adficiantur, qua tenerentur, si ipsi in legem commississent, qua reus per praeuaricationem absolutus est.
[PAULUS, in his single book on public prosecutions.] It was replied by Imperial rescript by our Emperor and his father that, in accusations which are brought extra ordinem, prevaricators should be punished with the same penalty as that to which they would be liable if they themselves had violated the law under which the accused was acquitted through their prevarication.

Notes

  1. §47.15.6.prrescriptum est, ut — The ut clause functions as the substantive subject expressing the content of the decision made by the impersonal passive rescriptum est.
  2. §47.15.6.prqua tenerentur, si ipsi in legem commississent — A mixed subjunctive conditional structure within a relative clause, with tenerentur (imperfect subjunctive) representing the potential consequence and commississent (pluperfect subjunctive) representing the hypothetical past action.
  3. §47.15.6.prcommississent, qua — committere in legem is an idiomatic expression meaning "to violate or offend against a law." The relative pronoun qua refers back to legem, indicating the law under which the defendant was acquitted.

Cite this passage

Justinian I, The Digest of Justinian §47.15.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.15.6.pr

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