[IDEM libro octauo disputationum. ] §49.14.29.prEius, qui delatorem corrupit, ea condicio est, ut pro uicto habeatur: nam in fiscalibus causis id constitutum est.
[THE SAME, On Disputations, Book VIII.] The condition of him who corrupted an informer is such that he is regarded as defeated; for this has been established in fiscal cases.
sed enim haec poena magis est ut aduersus ipsum locum habeat, qui delatorem redemit: ceteroquin aduersus heredem eius transire non debet.
But indeed, this penalty is rather of such a nature that it applies against the very person who bought off the informer; otherwise, it ought not to pass against his heir.
nec enim exinde perit causa, ex quo redempta est, uel actio peremitur uel condemnatio facta uidetur, uerum oportet constare prius et de crimine pronuntiare.
For the case does not perish immediately from the fact that it was bought off, nor is the action extinguished, nor is a condemnation deemed to have been made; but it is necessary first to establish the facts and to pronounce on the crime.
plane si forte de retractanda causa agatur, quae semel iudicata est, per delatoris corruptelam, mortuus corruptor non efficiet, quo minus agi possit atque retractari causa: hic enim non poenae, sed causae restitutio est.
Clearly, if indeed it is a question of reopening a case which was once decided through the corruption of an informer, the death of the corruptor will not prevent the case from being pursued and reopened; for here there is a restoration not of a penalty, but of the case.
§49.14.29.1Eum, qui falsum testamentum dixit, posse adire hereditatem constat: sed denegatis ei actionibus fisco locus erit.
It is well established that he who has alleged a will to be forged can enter upon the inheritance; but, since actions are denied to him, there will be room for the treasury.
§49.14.29.2Et obligationes, quas adeundo confudit, non restituuntur: nam et in eo, qui post aditam hereditatem defuncti mortem non defendit, imperator noster cum patre rescripsit obligationes confusas non resuscitari.
And the obligations which he extinguished by confusion upon entering the inheritance are not restored; for also in the case of him who, after entering upon the inheritance, does not defend the death of the deceased, our Emperor with his father wrote back that confused obligations are not revived.