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Justinian I · The Digest of Justinian §48.10.9.pr-48.10.9.4

Scope of the Cornelian Law on Coinage and Perjury

Passage 8275 of 9271 · Latin

Summary

Ulpian explains the specific illegal acts covered by the Cornelian Law on forgery, listing offenses such as debasing gold or silver coins, failing to prevent such crimes, trading in base-metal coins, conspiring to give false testimony, and suborning informers in pecuniary suits.

[IDEM libro octauo de officio proconsulis. ] §48.10.9.prLege Cornelia cauetur, ut, qui in aurum uitii quid addiderit, qui argenteos nummos adulterinos flauerit, falsi crimine teneri.
[THE SAME, On the Office of Proconsul, Book VIII] It is provided by the Cornelian Law that whoever has added any impurity to gold, or whoever has cast adulterated silver coins, is held under the charge of forgery.
§48.10.9.1Eadem poena adficitur etiam is qui, cum prohibere tale quid posset, non prohibuit.
The same penalty is also inflicted on him who, although he was able to prevent such an act, did not prevent it.
§48.10.9.2Eadem lege exprimitur, ne quis nummos stagneos plumbeos emere uendere dolo malo uellet.
By the same law it is expressed that no one should wish to buy or sell tin or lead coins with malicious intent.
§48.10.9.3Poena legis Corneliae irrogatur ei, qui quid aliud quam in testamento sciens dolo malo falsum signauerit signariue curauerit, item qui falsas testationes faciendas testimoniaue falsa inuicem dicenda dolo malo coierint.
The penalty of the Cornelian Law is imposed on him who, knowingly and with malicious intent, has sealed or caused to be sealed anything false other than in a testament, as well as on those who have combined with malicious intent for the purpose of making false attestations or mutually giving false testimonies.
§48.10.9.4Qui delatorem summisit in causa pecuniaria, eadem poena tenetur, qua tenentur hi qui ob instruendas lites pecuniam acceperunt.
He who has suborned an informer in a pecuniary case is held under the same penalty as those who have received money for the purpose of preparing lawsuits.

Notes

  1. §48.10.9.prteneri — Despite following the conjunction ut which introduces a noun clause, the infinitive teneri is used instead of a subjunctive (such as teneantur). This is an irregular transition to or confusion with the accusative and infinitive (A.C.I.) construction typical of indirect speech or legal citations.
  2. §48.10.9.3falsas testationes faciendas — The word faciendas (and the subsequent dicenda) are gerundives agreeing with testationes and testimonia respectively. Here they express the purpose or intention ("for the purpose of making... / giving...") of their conspiratorial combination (dolo malo coierint).

Cite this passage

Justinian I, The Digest of Justinian §48.10.9.pr-48.10.9.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.9.pr-48.10.9.4

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