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Justinian I · The Digest of Justinian §49.9.1.pr

Presentation of Grounds of Appeal Through an Agent

Passage 8514 of 9271 · Latin

Summary

This text discusses whether the grounds of appeal can be presented through an agent, stating that while it is permitted in pecuniary cases (even those involving ignominy), it is prohibited in capital cases or those entailing relegation, concluding with the general rule that if a case cannot be conducted through an agent, its appeal cannot either.

[ULPIANUS libro quarto appellationum. ] §49.9.1.prQuaeri solet, an per alium causae appellationis reddi possunt: quae res in rebus pecuniariis et in criminibus agitari consueuit.
[ULPIANUS, On Appeals, Book IV] It is usually asked whether the grounds of appeal can be presented through another; this matter has been accustomed to be debated in pecuniary matters and in crimes.
et in rebus pecuniariis sunt rescripta posse agi.
And in pecuniary matters, there are rescripts to the effect that it can be conducted.
uerba rescripti ita se habent: 'Diui fratres Longino.
The words of the rescript are as follows: "The Divine Brothers to Longinus.
Si tibi qui appellauit mandauit, ut eum de appellatione, quam Pollia ad eum fecit, defenderes, et res pecuniaria est: nihil prohibet nomine eius te respondere.
If he who appealed has mandated you to defend him regarding the appeal which Pollia made against him, and the matter is pecuniary, nothing prevents you from responding in his name.
sin autem non sit pecuniaria causa, sed capitalis, per procuratorem agi non licet.
But if the case is not pecuniary, but capital, it is not permitted to conduct it through a procurator.
sed et si ea causa sit, ex qua sequi solet poena usque ad relegationem, non oportet per alium causas agi, sed ipsum adesse auditorio debere sciendum est'. plane si pecuniaria causa est, ex qua ignominia sequitur, potest et per procuratorem hoc agi.
But even if it is a case from which a penalty up to relegation is accustomed to follow, it is not proper for the case to be conducted through another, but it must be known that he himself ought to be present in court." Clearly, if it is a pecuniary case from which ignominy follows, this can also be conducted through a procurator.
idque erit probandum et in ipso accusatore, si appellauerit uel si aduersus eum sit appellatum.
And this must also be approved in the case of the accuser himself, if he has appealed or if an appeal has been made against him.
et generaliter quae causa per alium agi non potest, eius nec appellationem per alium agi oportet.
And generally, a case which cannot be conducted through another, its appeal also ought not to be conducted through another.

Notes

  1. §49.9.1.prcausae appellationis — causae is in the nominative plural, acting as the subject of the passive verb possunt, meaning "the grounds/reasons of appeal".
  2. §49.9.1.prsunt rescripta posse agi — The infinitive phrase posse agi (that it can be conducted) depends on the main clause sunt rescripta (there are rescripts), expressing the substance of the imperial rescripts.
  3. §49.9.1.prDiui fratres — "The Divine Brothers" refers to the joint emperors Marcus Aurelius Antoninus and Lucius Verus, who ruled together from 161 to 169 AD.
  4. §49.9.1.prrelegationem — relegatio (relegation/exile) was a form of banishment in Roman law that did not entail loss of citizenship or total confiscation of property, distinguishing it from the harsher deportatio.
  5. §49.9.1.praduersus eum sit appellatum — This uses an impersonal passive construction appellatum sit with aduersus eum (against him), meaning literally "it has been appealed against him", i.e., "an appeal has been made against him".

Cite this passage

Justinian I, The Digest of Justinian §49.9.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.9.1.pr

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