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Justinian I · The Digest of Justinian §48.2.11.pr-48.2.11.2

Exceptions to the Ban on Accusation and Double Accusations

Passage 8138 of 9271 · Latin

Summary

This section explains that those generally prohibited from accusing may still do so for personal injuries or the death of relatives, details exceptions allowing children and freedmen to sue parents or patrons for property defense, and addresses the prohibition on double accusation and its exception following the termination of previous charges.

[MACER libro secundo de publicis iudiciis. ] §48.2.11.pri tamen omnes, si suam iniuriam exequantur mortemue propinquorum defendent, ab accusatione non excluduntur.
[MACER, On Public Judgments, Book 2] Yet all these persons, if they are prosecuting an injury done to themselves or defending the death of their relatives, are not excluded from bringing an accusation.
§48.2.11.1Liberi libertique non sunt prohibendi suarum rerum defendendarum gratia de facto parentium patronorumue queri, ueluti si dicant ui se a possessione ab his expulsos, scilicet non ut crimen uis eis intendant, sed ut possessionem recipiant.
Children and freedmen must not be prohibited, for the sake of defending their own property, from complaining of an act of their parents or patrons; as, for example, if they should state that they have been forcibly expelled from possession by them—not, indeed, for the purpose of bringing a charge of violence against them, but in order to recover possession.
nam et filius non quidem prohibitus est de facto matris queri, si dicat suppositum ab ea partum, quo magis coheredem haberet, sed ream eam lege Cornelia facere permissum ei non est.
For a son also is certainly not prohibited from complaining of an act of his mother, if he states that a child was substituted by her in order that she might have a co-heir, but he is not permitted to make her a defendant under the Cornelian Law.
§48.2.11.2Ab alio delatum alius deferre non potest: sed eum, qui abolitione publica uel priuata interueniente aut desistente accusatore de reis exemptus est, alius deferre non prohibetur.
A person who has been accused by one individual cannot be accused by another; but where anyone has been exempted from the list of defendants, either through the intervention of a public or private abolition, or because the accuser desisted, another person is not prohibited from accusing him.

Notes

  1. 48.2.11.pri — Nominative masculine plural of the demonstrative pronoun is (spelled alternative to ii). It refers to all those who were prohibited from accusing, mentioned in the preceding sections (e.g., 48.2.10.pr), forming the subject 'yet all these persons.'
  2. 48.2.11.1suarum rerum defendendarum gratia — A construction expressing purpose, where the gerundive defendendarum agrees with the noun suarum rerum in the genitive case, postpositioned by gratia ('for the sake of').
  3. 48.2.11.1ui se a possessione ab his expulsos — An accusative with infinitive clause functioning as the object of dicant, with the auxiliary esse omitted. se is the subject of the infinitive, ui ('by force') is an ablative of means, and ab his indicates the agent (parents or patrons).
  4. 48.2.11.1quo magis coheredem haberet — A clause of purpose accompanied by the comparative magis, where quo is used instead of the standard ut. The imperfect subjunctive haberet is determined by the sequence of tenses.
  5. 48.2.11.2Ab alio delatum — delatum is the perfect passive participle (masculine accusative singular) of deferre, used substantively to mean 'one who has been accused [by another].' It functions as the direct object of the main infinitive deferre.
  6. 48.2.11.2abolitione publica uel priuata interueniente aut desistente accusatore — Two ablative absolute phrases (abolitione ... interueniente and desistente accusatore) coordinated by the conjunction aut. They express the circumstances or causes: 'by the intervention of a public or private abolition, or because the accuser desisted.'

Cite this passage

Justinian I, The Digest of Justinian §48.2.11.pr-48.2.11.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.2.11.pr-48.2.11.2

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