Humanitext Reader

Justinian I · The Digest of Justinian §49.14.34.pr

Fines Payable to the Treasury for Bribery in Litigation

Passage 8555 of 9271 · Latin

Summary

The Emperors Severus and Antoninus rule that a defendant who chose to buy off a judgment instead of presenting a defense was justly ordered to pay a fine to the treasury, asserting the principle that litigants must defend their cases in good faith rather than attempt bribery.

[MACER libro secundo publicorum. ] §49.14.34.prImperatores Seuerus et Antoninus Asclepiadi ita rescripserunt: 'Tu, qui defensione omissa redimere sententiam maluisti, cum tibi crimen obiceretur, non immerito quingentos solidos inferre fisco iussus es: omissa enim ipsius causae inquisitione ipse te huic poenae subdidisti.
[MACER, Public Prosecutions, Book II.] The Emperors Severus and Antoninus replied by rescript to Asclepiades as follows: 'You, who, when an accusation was brought against you, preferred to buy off the judgment rather than make a defense, were not without reason ordered to pay five hundred solidi to the treasury; for by omitting the investigation of the case itself, you have subjected yourself to this penalty.
optinendum est enim, ut hi, quibus negotia fiscalia mouentur, ad defensiones causae bona fide ueniant, non aduersarios aut iudices redimere temptent'.
For it must be maintained that those against whom fiscal proceedings are brought should come to the defense of their case in good faith, and not attempt to buy off their adversaries or the judges.'

Notes

  1. §49.14.34.prredimere sententiam — To avoid the pronouncement of a guilty verdict or prosecution by paying money (such as a settlement or a bribe). Here, redimere carries the legal connotation of 'buying back (with ransom),' 'buying off,' or 'bribing.'
  2. §49.14.34.proptinendum est — An impersonal construction ('it must be maintained/held') taking the following ut clause (ut... ueniant... non... temptent) as its logical subject or content. It is typically used to assert or support a legal principle or rule.

Cite this passage

Justinian I, The Digest of Justinian §49.14.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.34.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.