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Justinian I · The Digest of Justinian §49.14.23.pr

Punishment of Informers Abandoning Suits on Pretext

Passage 8544 of 9271 · Latin

Summary

On the punishment of an informer who initially undertook a case alone without mentioning a mandator, but later desists under the pretext that the mandator has withdrawn.

[CALLISTRATUS libro secundo de iure fisci. ] §49.14.23.prDe eo delatore, qui causam solus agere instituerat non habita mentione mandatoris, si postea desistat, praetendens mandatorem causae decessisse, puniendum diui fratres rescripserunt.
[CALLISTRATUS, Book Two on the Right of the Treasury.] Concerning that informer who had undertaken to conduct the case alone without making any mention of a mandator, if he should afterwards desist, alleging that the mandator of the case had withdrawn, the deified brothers replied by rescript that he must be punished.

Notes

  1. §49.14.23.prde eo delatore ... puniendum — puniendum [esse] is an impersonal passive periphrastic infinitive (or with the subject pronoun eum omitted), where the introductory phrase de eo delatore (concerning that informer) specifies the person to be punished.
  2. §49.14.23.prdecessisse — Although the verb decedere often means to die, here it is construed with causae (genitive or dative of reference) and, in contrast to the preceding fragment mentioning mandatorem subtractum (that the mandator has withdrawn), it is best understood as meaning that the mandator has withdrawn or departed from the case.

Cite this passage

Justinian I, The Digest of Justinian §49.14.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.23.pr

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