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Justinian I · The Digest of Justinian §48.16.11.pr

Exclusion by Time Limit and the SC Turpillianum

Passage 8346 of 9271 · Latin

Summary

On the question of whether those excluded from prosecution due to statutory time limits are subject to the Turpilian Senatusconsultum, the response clarifies that they are not to be punished for calumny.

[Idem libro singulari de adulteris. ] §48.16.11.prQuaerebatur, an hi, qui ab accusatione F(XYMOC) tempore exclusi essent, in senatus consultum Turpillianum inciderunt.
[The same, On Adulterers, in a single book.] The question was asked whether those who had been excluded from accusation by the statutory time fell under the Turpilian Senatusconsultum.
respondit non oportere dubitari calumnia non puniri eos, qui praescriptione temporis exclusi causam adulterii perferre non potuerunt.
He answered that there ought to be no doubt that those who, excluded by the prescription of time, were unable to carry through the accusation of adultery, are not punished for calumny.

Notes

  1. §48.16.11.prF(XYMOC) — This is a corrupted Greek transcription in the manuscripts (such as the Littera Florentina), originally intending the Greek θεσμικῷ (statutory, prescribed) or θεσμῷ χρόνῳ (by statutory time). In context, it corresponds to the subsequent praescriptione temporis (prescription of time) and is interpreted as meaning 'by statutory time'.
  2. §48.16.11.prnon oportere dubitari — An accusative-with-infinitive construction in indirect discourse dependent on the main verb respondeo (to answer). The passive infinitive dubitari (to be doubted) has another accusative-with-infinitive clause, calumnia non puniri eos (that they are not punished for calumny), dependent on it as its subject, forming a nested structure.

Cite this passage

Justinian I, The Digest of Justinian §48.16.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.16.11.pr

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