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Justinian I · The Digest of Justinian §48.17.4.pr-48.17.4.2

Commencement of Prescription and Defense of Absentees

Passage 8357 of 9271 · Latin

Summary

The passage defines the commencement of the limitation periods (one year and twenty years) as the time when the registration becomes publicly known, and clarifies that a registered suspect is never barred from defending their case by any lapse of time.

[MACER libro secundo de publicis iudiciis. ] §48.17.4.prAnnus exinde computandus est, ex quo ea adnotatio quae uel edicto uel litteris ad magistratus factis publice innotuit.
[Macer, Public Prosecutions, Book 2.] The year is to be calculated from the time when that registration, whether made by an edict or by letters addressed to the magistrates, became publicly known.
§48.17.4.1Ergo et uiginti annorum tempus exinde fisco numeratur, ex quo adnotatio publice innotuit.
Therefore, the period of twenty years is also calculated for the fiscus from the time when the registration became publicly known.
§48.17.4.2In summa sciendum est nulla temporis praescriptione causae defensione summoueri eum, qui requirendus adnotatus est.
In short, it must be known that he who has been registered as to be searched for is not barred from the defense of his case by any prescription of time.

Notes

  1. §48.17.4.prea adnotatio quae uel edicto uel litteris ad magistratus factis publice innotuit — In the relative clause introduced by the relative pronoun quae, a verb (such as facta est) is omitted. The verb publice innotuit functions as the main verb of the entire ex quo clause, which is confirmed by the parallel phrasing in the subsequent section §48.17.4.1 (ex quo adnotatio publice innotuit).
  2. §48.17.4.2causae defensione summoueri eum — The noun defensione is an ablative of separation dependent on the passive infinitive summoueri (to be barred or removed). The accusative eum is the subject accusative of the infinitive construction (A.C.I.) which depends on the impersonal gerundive construction sciendum est.

Cite this passage

Justinian I, The Digest of Justinian §48.17.4.pr-48.17.4.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.17.4.pr-48.17.4.2

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