Humanitext Reader

Justinian I · The Digest of Justinian §48.10.20.pr

Bribery and Collusion in Lawsuits Punished as Forgery

Passage 8286 of 9271 · Latin

Summary

Hermogenianus explains that those who accept money, make agreements, enter into partnerships, or arrange such actions regarding advocacy or witnesses to prepare a lawsuit are also subject to the penalty for forgery.

[HERMOGENIANUS libro sexto iuris epitomarum. ] §48.10.20.prFalsi poena coercentur et qui ad litem instruendam aduocatione testibus pecuniam acceperunt, obligationem pactionem fecerunt, societatem inierunt, ut aliquid eorum fieret curauerunt.
[HERMOGENIANUS, Epitome of Law, Book VI] Those also are punished under the penalty for forgery, who, for the purpose of preparing a lawsuit, have accepted money, made an obligation or agreement, entered into a partnership, or taken care that any of these things should be done, in connection with advocacy or witnesses.

Notes

  1. 48.10.20.praduocatione testibus — aduocatione (ablative) and testibus (ablative or dative) refer to 'advocacy' and 'witnesses' as the means or context through which the illicit transactions take place in preparing a lawsuit.
  2. 48.10.20.prad litem instruendam — A gerundive construction expressing purpose, where the preposition ad is followed by the gerundive instruendam agreeing with the accusative noun litem ('for the purpose of preparing a lawsuit').
  3. 48.10.20.prut aliquid eorum fieret curauerunt — The verb curauerunt (took care, arranged) introduces an ut clause with the imperfect subjunctive fieret, showing sequence of tenses after a historical perfect. eorum (of them) refers to the previously mentioned acts such as receiving money or making contracts.

Cite this passage

Justinian I, The Digest of Justinian §48.10.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.20.pr

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