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Justinian I · The Digest of Justinian §49.11.1.pr

Duty to Defend Other Cases in the Province While Away on Appeal

Passage 8518 of 9271 · Latin

Summary

A rescript of the deified brother emperors stating that a person who has appealed must still defend himself in the province for his other cases, even if he is away for the appeal.

[ULPIANUS libro quarto de appellationibus. ] §49.11.1.prEum, qui appellauit, oportere in prouincia defendi in aliis suis causis, etiamsi appellationis causa peregrinetur, diui fratres Decimio Philoni rescripserunt.
[ULPIAN, On Appeals, Book IV] The deified brothers wrote in a rescript to Decimius Philo that a person who has appealed must be defended in the province in his other cases, even if he is traveling abroad for the purpose of the appeal.

Notes

  1. §49.11.1.prEum, qui appellauit, oportere ... defendi — An accusative and infinitive (A.C.I.) construction introduced by the main verb rescripserunt. The accusative eum acts as the subject of the infinitive oportere, which in turn takes the passive infinitive defendi ('to be defended' or 'to defend oneself') as its complement.
  2. §49.11.1.prperegrinetur — Subjunctive present introduced by the concessive conjunction etiamsi ('even if'). It refers to the situation where a party has left the province and traveled to Rome or elsewhere for the purpose of the appeal (appellationis causa).

Cite this passage

Justinian I, The Digest of Justinian §49.11.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.11.1.pr

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