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Justinian I · The Digest of Justinian §49.4.3.pr

Bar to Appeal After Receiving Copy of Report to Emperor

Passage 8501 of 9271 · Latin

Summary

This section discusses whether a litigant who received a copy of a report to the emperor but failed to appeal can later appeal against it after an unfavorable rescript is issued, concluding that such an appeal is impermissible.

[IDEM libro secundo de appellationibus. ] §49.4.3.prIllud uideamus, si, cum imperatori scriberetur, exemplum litterarum litigatori editum sit neque is appellauerit et postea contra eum rescriptum sit, an appellare a litteris pridem sibi editis possit? quia qui tunc non appellauit, uera esse quae scripta sunt consensisse uidetur: nec audiendus est, si dicat euentum rescripti sacri se sustinuisse.
[THE SAME, Book 2 On Appeals.] Let us consider this: if, when a report was being written to the emperor, a copy of the letter was delivered to the litigant, and he did not appeal, and later a rescript was issued against him, can he appeal against the letter delivered to him long before? For he who did not appeal at that time seems to have agreed that what was written was true; nor should he be heard if he says that he was waiting for the outcome of the sacred rescript.

Notes

  1. §49.4.3.prIllud — A proleptic pronoun functioning as the direct object of the verb `uideamus` and anticipating the following indirect question clause `an... possit`.
  2. §49.4.3.prappellare a litteris — The verb `appellare` is used with the preposition `a` (governing the ablative) to mean "to appeal against (a letter or decision)".
  3. §49.4.3.prnec audiendus est — A passive periphrastic conjugation consisting of the gerundive `audiendus` and the verb `esse`, which, together with the negative `nec`, expresses prohibition or negative obligation ("he ought not to be heard").

Cite this passage

Justinian I, The Digest of Justinian §49.4.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.4.3.pr

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