[PAPIRIUS Iustus libro primo de constitutionibus. ] §48.16.18.prImperatores Antoninus et Uerus Augusti Iulio Uero rescripserunt, cum satis diu litem traxisse dicetur, inuito aduersario non posse eum abolitionem accipere.
[Papirius Justus, Constitutions, Book 1.] The Emperors Antoninus and Verus Augusti wrote in a rescript to Julius Verus that, when it is said that he has prolonged the lawsuit for a sufficiently long time, he cannot obtain a dismissal of the prosecution against the will of his adversary.
§48.16.18.1Item rescripserunt, nisi euidenter probetur consentire aduersarium, abolitionem non dari.
They also wrote in a rescript that, unless it is clearly proved that the adversary consents, a dismissal of the prosecution is not granted.
§48.16.18.2Item rescripserunt, cum in crimine capitali abolitionem ut in re pecuniaria petitam esse diceret, restaurandam esse nihilo minus cognitionem, ita ut, si non probasset hoc quod proponeret, non impune eum laturum.
They also wrote in a rescript that, when it was alleged that in a capital crime a dismissal of the prosecution had been sought as if in a pecuniary matter, the investigation must nevertheless be reopened, so that, if he did not prove what he proposed, he would not go unpunished.