Humanitext Reader

Justinian I · The Digest of Justinian §50.17.71.pr

Prohibition of Resolving Inquiries by Petition

Passage 9131 of 9271 · Latin

Summary

This section states the principle that matters requiring a formal judicial examination of the cause cannot be resolved merely through a written petition.

[IDEM libro secundo de officio proconsulis. ] §50.17.71.prOmnia, quaecumque causae cognitionem desiderant, per libellum expediri non possunt.
[THE SAME, on the Office of Proconsul, Book II.] All matters whatsoever that require a judicial examination of the cause cannot be settled by means of a petition.

Notes

  1. 50.17.71.prcausae cognitionem — Refers to 'the examination of the cause (causae cognitio)'. Rather than a mere investigation, it denotes the formal judicial procedure in Roman law where a magistrate or judge personally investigates the facts and legal grounds before rendering a decision.
  2. 50.17.71.prper libellum — Meaning 'by means of a petition'. In this context, libellus refers to a written application or petition submitted by a party to an authority. This phrase indicates that simplified written procedures cannot replace a formal judicial examination (cognitio) which requires adversarial hearings.
  3. 50.17.71.prOmnia ... non possunt — An 'all ... cannot' construction. In this context, it is interpreted as a total negation ('nothing that ... can be ...') rather than a partial negation.

Cite this passage

Justinian I, The Digest of Justinian §50.17.71.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.71.pr

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