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Justinian I · The Digest of Justinian §48.2.18.pr

Barring Renewed Forgery Accusations After Default

Passage 8145 of 9271 · Latin

Summary

In response to a query about whether a woman, who failed to complete the formal accusation of a forged will within the time limit and was barred by the governor, could later return to the accusation or plead otherwise, Modestinus answers that there is no basis for her to be heard against the authority of the judicial decision.

[IDEM libro septimo decimo responsorum. ] §48.2.18.prCum Titia testamentum Gaii fratris sui falsum arguere minaretur et sollemnia accusationis non impleuit intra tempus a praeside praefinitum, praeses prouinciae iterum pronuntiauit non posse illam amplius de falso testamento dicere: aduersus quas sententias Titia non prouocauit, sed dixit se post finitum tempus de irrito testamento dicere.
[THE SAME, Responsa, Book 17] When Titia threatened to challenge the will of her brother Gaius as a forgery, but did not complete the formal requirements of the accusation within the time prescribed by the governor, the governor of the province ruled once again that she could no longer plead concerning the forged will. Titia did not appeal against these decisions, but asserted that she was pleading concerning an invalid will after the expiration of the time.
quaero, an Titia, quae non appellauit aduersus sententiam praesidis, possit ad falsi accusationem postea reuerti.
I ask whether Titia, who did not appeal against the decision of the governor, can later return to the accusation of forgery.
respondit nihil aperte proponi, propter quod aduersus sententiae auctoritatem de falso agens audienda sit.
Answer: Nothing was openly set forth on account of which she, bringing an action concerning forgery against the authority of the judicial decision, ought to be heard.

Notes

  1. §48.2.18.praduersus quas sententias — An adjectival use of the connecting relative pronoun (quas), referring to the judicial decisions mentioned previously. The plural form is used either because there were multiple declarations by the governor or because it refers to several decisions comprising the sequence of proceedings.
  2. §48.2.18.prnihil aperte proponi, propter quod aduersus sententiae auctoritatem de falso agens audienda sit — Within the accusative and infinitive construction (nihil ... proponi) depending on 'respondit', there is a relative clause introduced by 'propter quod' (on account of which) containing a subjunctive (audienda sit). This subjunctive characterizes the antecedent 'nihil' (there is nothing of such a kind that...). The subject of 'audienda sit' is 'de falso agens' (the one bringing an action concerning forgery [i.e., Titia]), which is a nominal use of the participle.

Cite this passage

Justinian I, The Digest of Justinian §48.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.2.18.pr

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