Humanitext Reader

Justinian I · The Digest of Justinian §48.10.13.pr-48.10.13.1

Use of false names and restoration after reading forged acts

Passage 8279 of 9271 · Latin

Summary

The author discusses how claiming a false name is punished as forgery, and how those suspended for a period for merely reading a false document in court fully recover their status afterwards.

[IDEM libro quinto decimo responsorum. ] §48.10.13.prFalsi nominis uel cognominis adseueratio poena falsi coercetur.
[THE SAME, Responsa, Book XV] The assertion of a false name or family name is punished by the penalty for forgery.
§48.10.13.1Ordine decurionum decem annis aduocatum motum, qui falsum instrumentum cognoscente praeside recitauit, post finem temporis dignitatem respondi reciperare, quoniam in Corneliam falso recitato, non facto non incidit.
I answered that an advocate who had been removed from the order of decurions for ten years, and who had read aloud a false document while the governor was hearing the case, recovers his dignity after the end of that period, since he did not fall under the Cornelian law, because he only read aloud what was false, but did not make it.
Eadem ratione plebeium ob eandem causam exilio temporario punitum decurionem post reditum recte creari.
By the same reasoning, [I answered] that a plebeian who was punished for the same cause with temporary exile is rightly elected a decurion after his return.

Notes

  1. §48.10.13.1respondi — The main verb in the perfect first person singular `respondi` ("I answered") is parenthetically inserted, making the entire sentence an accusative with infinitive (A.C.I.) construction. The subject accusative is `aduocatum motum` and the infinitive is `reciperare`. The second sentence `plebeium ... creari` continues under the governance of the same verb `respondi`.
  2. §48.10.13.1falso recitato, non facto — This acts as an ablative of cause, either using the substantivized neuter adjective `falsum` or gerunds/participles in the ablative. It means "since a false [document] was read aloud, not made," pointing out that his action was limited to reading (`recitare`) and did not extend to actual forgery (`facere`).

Cite this passage

Justinian I, The Digest of Justinian §48.10.13.pr-48.10.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.13.pr-48.10.13.1

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