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Justinian I · The Digest of Justinian §49.5.7.pr-49.5.7.2

Prohibition of Appeals in Urgent Matters and Edicts

Passage 8508 of 9271 · Latin

Summary

This chunk states the prohibition of appeals in urgent matters that do not admit of delay, as well as against decisions based on the perpetual edict and the permission to sell a pledge.

[PAULUS libro singulari de appellationibus. ] §49.5.7.prSi res dilationem non recipiat, non permittitur appellare, uelut ne testamentum aperiatur (ut diuus Hadrianus constituit), ne frumentum in usum militum, in annonae subsidia contrahatur, neue scriptus heres in possessionem inducatur.
[PAULUS, On Appeals, in One Book] If a matter does not admit of delay, it is not permitted to appeal, for example, lest a will be opened (as the deified Hadrian enacted), lest grain be collected for the use of the soldiers or as an aid to the food supply, or lest an appointed heir be put into possession.
§49.5.7.1Item si ex perpetuo edicto aliquid decernatur, id quo minus fiat, non permittitur appellare.
Likewise, if anything is decreed on the basis of the perpetual edict, it is not permitted to appeal to prevent it from being done.
§49.5.7.2Item quo minus pignus uendere liceat, appellari non potest.
Likewise, it is not possible to appeal to prevent the sale of a pledge from being permitted.

Notes

  1. §49.5.7.prne testamentum aperiatur — The clauses introduced by the conjunction ne (and the subsequent neue) express the purpose of prevention (lest / in order that... not) intended by the appeal, depending on the main clause non permittitur appellare. It means that an appeal made for the purpose of preventing these actions is not permitted.
  2. §49.5.7.1id quo minus fiat — quo minus is a conjunction expressing hindrance or prevention (lest / from being done), indicating that the appeal would prevent the execution of the decree (aliquid decernatur). The preceding pronoun id functions as the subject of fiat, meaning "to prevent that [decreed thing] from being carried out."
  3. §49.5.7.2quo minus pignus uendere liceat — Similarly to the previous section, the conjunction quo minus expresses the purpose of prevention (to prevent ... from being allowed). It depends on the main verb appellari non potest, meaning "an appeal cannot be made to prevent the sale of the pledge from being permitted."

Cite this passage

Justinian I, The Digest of Justinian §49.5.7.pr-49.5.7.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.5.7.pr-49.5.7.2

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