Justinian I · The Digest of Justinian §47.20.4.pr

False Oath on Pledged Property and Penalty of Exile

Passage 8098 of 9271 · Latin

Summary

It is ruled that swearing falsely in a document that pledged property belongs to oneself constitutes the crime of stellionatus, which is punished by temporary exile.

[MODESTINUS libro tertio de poenis. ] §47.20.4.prDe periurio, si sua pignora esse quis in instrumento iurauit, crimen stellionatus fit, et ideo ad tempus exulat.

[MODESTINUS, in the third book on penalties.] With regard to perjury, if anyone has sworn in an instrument that his pledges are his own, the crime of stellionatus is committed, and for this reason he is exiled for a time.

Notes

§47.20.4.prDe periurio — A prepositional phrase introducing the topic "concerning perjury". The main clause of the sentence is `crimen stellionatus fit`, indicating that an act which would otherwise fall under perjury is instead classified as the comprehensive crime of stellionatus in this specific context of misrepresenting pledged property.
§47.20.4.prsua pignora esse — An accusative with infinitive (A.C.I.) construction serving as the object of the verb `iurauit`. The neuter plural accusative noun `pignora` (pledges) is the subject accusative, `esse` is the infinitive, and the reflexive possessive adjective `sua` refers back to `quis`, the subject of the conditional clause.

Cite this passage

Justinian I, The Digest of Justinian §47.20.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.20.4.pr

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