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Justinian I · The Digest of Justinian §48.10.21.pr

Punishment for Double Sales and Corrupting Judges as Forgery

Passage 8287 of 9271 · Latin

Summary

This section explains the application of the penalty for forgery to those who commit double sales and to those who corrupt a judge, noting their relatively lenient punishment of temporary relegation without confiscation of property.

[PAULUS libro singulari ad senatus consultum Turpillianum. ] §48.10.21.prQui duobus in solidum eandem rem diuersis contractibus uendidit, poena falsi coercetur, et hoc et diuus Hadrianus constituit.
[PAULUS, On the Senatus Consultum Turpillianum, in One Book] Anyone who sells the same thing to two persons for the whole amount by different contracts is punished under the penalty for forgery; and this the deified Hadrian also decreed.
is adiungitur et is qui iudicem corrumpit.
To this person is also added one who corrupts a judge.
sed remissius puniri solent, ut ad tempus relegentur nec bona illis auferantur.
However, they are usually punished more leniently, so that they are relegated for a time, and their property is not confiscated.

Notes

  1. §48.10.21.prin solidum — Meaning "for the whole amount" or "in its entirety," indicating that in the double sale, the seller contracted to sell the full ownership of the same thing to each of the two buyers, rather than merely a fractional share.
  2. §48.10.21.pris adiungitur et is — The first demonstrative pronoun `is` is the nominative singular referring to the seller in the preceding sentence, serving as the subject of the passive verb `adiungitur`. The subsequent `is qui...` is another subject introduced by the adverbial `et` ("also"), forming a parallel construction: "He (the seller) is joined also by him who corrupts a judge."

Cite this passage

Justinian I, The Digest of Justinian §48.10.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.21.pr

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