Humanitext Reader

Justinian I · The Digest of Justinian §49.1.7.pr

Public Posting of Appeals Due to Judicial Intimidation

Passage 8471 of 9271 · Latin

Summary

The case where Emperor Severus granted indulgence to an appellant who, due to the judge's intimidation, publicly posted his appeal instead of submitting it directly, thereby allowing him to proceed with the appeal.

[MARCIANUS libro primo de appellationibus. ] §49.1.7.prCum quidam propter uiolentiam iudicis non ipsi a quo appellauit dedit libellos, sed publice proposuisset, diuus Seuerus ueniam ei dedit et permisit ei causas appellationis agere.
[MARCIANUS, from the first book on appeals.] When a certain person, because of the violence of the judge, did not give the petitions of appeal to the very judge from whom he appealed, but had publicly posted them, the deified Severus granted him indulgence and permitted him to plead the grounds of his appeal.

Notes

  1. §49.1.7.prdedit... proposuisset — Within the same cum clause, the indicative perfect dedit (introduced by non) and the subjunctive pluperfect proposuisset (introduced by sed) are used in an asymmetric parallel construction. This can be understood as contrasting the objective historical fact (the failure to deliver the petitions directly) with the circumstantial condition (having publicly posted them instead), or it may suggest a textual corruption where dedit was originally written as dedisset.
  2. §49.1.7.pra quo appellauit — The phrase appellare ab aliquo is a Roman legal technical term meaning 'to appeal from someone (the judge who rendered the initial decision)'. Therefore, the antecedent of the relative pronoun quo is the judge (iudex) referred to by ipsi.
  3. §49.1.7.prlibellos — The accusative plural of libellus (literally 'little book' or 'pamphlet'), which in this legal context specifically denotes the 'written petitions of appeal' (libelli appellatorii) that were required to be submitted to the original judge.
  4. §49.1.7.prpublice proposuisset — This refers to the alternative remedial measure of posting or displaying the petitions of appeal in a public place (such as the forum) when physical or safe delivery directly to the judge was rendered impossible due to the latter's violence or intimidation.

Cite this passage

Justinian I, The Digest of Justinian §49.1.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.1.7.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.