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Justinian I · The Digest of Justinian §50.4.7.pr-50.4.7.1

Restrictions on Seeking Honors by Accused and Appellants

Passage 8704 of 9271 · Latin

Summary

On the restriction of accused persons from seeking honors, and the prohibition of usurping an honor while an appeal regarding the candidacy is pending.

[MARCIANUS libro secundo publicorum. ] §50.4.7.prReus delatus etiam ante sententiam honores petere principalibus constitutionibus prohibetur: nec interest, plebeius an decurio fuerit.
[MARCIANUS, In the Second Book on Public Matters.] An accused person who has been reported is forbidden by imperial constitutions to seek honors even before sentence; nor does it matter whether he was a plebeian or a decurion.
sed post annum, quam reus delatus est, petere non prohibetur, nisi per ipsum stetit, quo minus causa intra annum expediretur.
But after a year from when he was reported as accused, he is not forbidden to seek them, unless it was due to himself that the case was not settled within the year.
§50.4.7.1Eum, contra quem propter honores appellatum est, si pendente appellatione honorem usurpauerit, coercendum diuus Seuerus rescripsit.
The deified Severus replied that he against whom an appeal has been made on account of honors, if he should usurp the honor while the appeal is pending, must be coerced.
ergo et si is, qui honoribus per sententiam uti prohibitus est, appellauerit, abstinere interim petitione honoris debebit.
Therefore, even if he who has been forbidden by sentence to enjoy honors should appeal, he must meanwhile abstain from seeking honor.

Notes

  1. 50.4.7.prnisi per ipsum stetit, quo minus — An idiomatic construction of *stare per aliquem quominus* (it is due to someone that ... not) using the impersonal verb *stare*. Combined with *nisi*, it means "unless it was due to his own fault that [the case was not settled]."
  2. 50.4.7.1Eum ... coercendum — An accusative with infinitive clause (with *esse* omitted) serving as the object of the main verb *rescripsit*. The accusative *eum* is the subject of the infinitive, and *coercendum [esse]* is the predicate. The antecedent *eum* is modified by the relative clause *contra quem...* and has the conditional clause *si ... usurpauerit* embedded.
  3. 50.4.7.1contra quem propter honores appellatum est — An impersonal passive construction within the relative clause. Literally "against whom it has been appealed on account of honors," referring to the person whose election or candidacy to an honor is being appealed by someone else.

Cite this passage

Justinian I, The Digest of Justinian §50.4.7.pr-50.4.7.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.4.7.pr-50.4.7.1

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