Humanitext Reader

Justinian I · The Digest of Justinian §48.2.4.pr

Disqualification from Accusing Due to Conviction or Infamy

Passage 8131 of 9271 · Latin

Summary

Ulpian lists the categories of persons who are deprived of the right to accuse due to being condemned in a public trial, except in specific cases such as pursuing the death of their children or patrons, or recovering their own property.

[ULPIANUS libro secundo de adulteriis. ] §48.2.4.prIs, qui iudicio publico damnatus est, ius accusandi non habet, nisi liberorum uel patronorum suorum mortem eo iudicio uel rem suam exequatur.
[ULPIANUS, on Adultery, Book 2] He who has been condemned in a public trial does not have the right of accusing, unless he prosecutes the death of his children or his patrons by that trial, or recovers his own property.
sed et calumnia notatis ius accusandi ademptum est, item his, qui cum bestiis depugnandi causa in harenam intromissi sunt, quiue artem ludicram uel lenocinium fecerint, quiue praeuaricationis calumniaeue causa quid fecisse iudicio publico pronuntiatus erit, quiue ob accusandum negotiumue cui facessendum pecuniam accepisse iudicatus erit.
But also, the right of accusing is taken away from those marked with infamy for false accusation; likewise from those who have been sent into the arena for the purpose of fighting with wild beasts, or who have engaged in the theatrical profession or pandering, or who shall have been pronounced by a public trial to have done something for the sake of collusion or false accusation, or who shall have been judged to have accepted money for the sake of accusing or of causing trouble to someone.

Notes

  1. §48.2.4.preo iudicio — Ablative of means. Literally "by that trial," referring to the prosecution that the condemned person himself initiates. While "eo" could theoretically refer to the trial concerning the death of his relatives, it is generally understood as the former.
  2. §48.2.4.prcalumnia notatis — notatis is the dative plural of the perfect participle notatus used substantively. It functions as a dative of separation with ademptum est ("taken away from"). calumnia (false accusation) is an ablative of cause/means, indicating the ground on which they were marked with infamy.
  3. §48.2.4.prnegotiumue cui facessendum — cui is an indefinite pronoun in the dative case, equivalent to alicui with the prefix ali- dropped after the suffix -ue ("to someone"). negotium facessere is an idiom meaning "to cause trouble to," and facessendum is a gerundive governed by the preposition ob expressing purpose.

Cite this passage

Justinian I, The Digest of Justinian §48.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.2.4.pr

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