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Justinian I · The Digest of Justinian §48.10.2.pr

Punishment for Concealing, Altering, and Forging Wills

Passage 8268 of 9271 · Latin

Summary

Paulus explains that removing, concealing, altering, or unsealing a will, writing or reading a false will, or being an accomplice to these actions with evil intent, are all punished under the Lex Cornelia.

[PAULUS libro tertio ad Sabinum. ] §48.10.2.prQui testamentum amouerit celauerit eripuerit deleuerit interleuerit subiecerit resignauerit quiue testamentum falsum scripserit signauerit recitauerit dolo malo cuiusue dolo malo id factum erit, legis Corneliae poena damnatur.
[PAULUS, On Sabinus, Book III] He who has removed, concealed, snatched away, erased, altered, substituted, or unsealed a will, or who with evil intent has written, sealed, or read aloud a false will, or by whose evil intent this has been done, is condemned under the penalty of the Lex Cornelia.

Notes

  1. §48.10.2.prcuiusue dolo malo id factum erit — The genitive relative pronoun cuius, coordinated with the preceding qui and quiue, introduces another subject for the main verb damnatur ("or he by whose..."). The pronoun id refers back to the illegal acts concerning the will previously mentioned (from amouerit to recitauerit). It indicates that even if a person did not commit the act directly, they are liable if the act was accomplished through their evil intent (instigation or conspiracy).
  2. §48.10.2.pramouerit — The series of verbs here (amouerit, celauerit, ..., scripserit, ..., factum erit) are all in the future perfect tense. In Roman legal texts, this tense is standardly used to describe conditions based on the completion of an act in the future. In translation, it is naturally rendered as a past, perfect, or simple present depending on the target language's idiom (e.g., "he who has removed").

Cite this passage

Justinian I, The Digest of Justinian §48.10.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.2.pr

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