Responsorum libri
Ex libro XVII
Dig. 48,2,18Idem libro septimo decimo responsorum. Cum Titia testamentum Gaii fratris sui falsum arguere minaretur et sollemnia accusationis non implevit intra tempus a praeside praefinitum, praeses provinciae iterum pronuntiavit non posse illam amplius de falso testamento dicere: adversus quas sententias Titia non provocavit, sed dixit se post finitum tempus de irrito testamento dicere. quaero, an Titia, quae non appellavit adversus sententiam praesidis, possit ad falsi accusationem postea reverti. respondit nihil aperte proponi, propter quod adversus sententiae auctoritatem de falso agens audienda sit.
The Same, Opinions, Book XVII. Titia threatened to prove the will of her brother Gaius to be forged, but did not comply with the formalities required by the accusation within the time prescribed by the Governor of the province. The latter decided a second time that she could not proceed further with the accusation of a forged will. Titia did not appeal from these decisions, but alleged that, after the time had expired, she could maintain that the will was void. As Titia did not appeal from the decision of the Governor, I ask whether she could afterwards renew the accusation that the will was forged. The answer was that it was not clearly stated for what reason she should be heard, if she instituted proceedings disputing the authority of the decision.
Dig. 48,15,5Modestinus libro septimo decimo responsorum. Respondit eum, qui fugitivum alienum suscepisse et celasse doceatur, ex eo, quod proprietatis quaestionem referret, crimen, si probetur, evitare minime posse.
Modestinus, Opinions, Book XVII. Gave it as his opinion that he who is alleged to have received a fugitive slave belonging to another, and to have concealed him, even if he asserts that he is his property, can, by no means, escape the penalty, if he is proved to be guilty.
Dig. 48,16,17Modestinus libro septimo decimo responsorum. Lucius Titius Seium reum falsi fecit et priusquam persequeretur, indulgentia reorum crimina abolita sunt. quaero, si postea eum iterato reum non fecerit, an in Turpillianum senatus consultum inciderit. Herennius Modestinus respondit abolitionem reorum, quae publice indulgetur, ad hoc genus criminis non pertinere.
Modestinus, Opinions, Book XVII. Lucius Titius accused Seius of forgery, and before he prosecuted him, the accusations of all defendants were dismissed by the indulgence of the Emperor. I ask, if the prosecution should not afterwards be resumed whether the accuser would be subject to the penalty of the Turpillian Decree of the Senate. Herennius Modestinus answered that the discharge of defendants, granted by public favor, does not apply to this kind of crime.
Dig. 49,1,18Idem libro septimo decimo responsorum. Lucius Titius pro servo suo, qui ad bestias datus est, provocationem interposuit: quaero, an huiusmodi appellationis causas per procuratorem reddere possit. Modestinus respondit posse.
Dig. 49,14,9Idem libro septimo decimo responsorum. Lucius Titius fecit heredes sororem suam ex dodrante, uxorem Maeviam et socerum ex reliquis portionibus: eius testamentum postumo nato ruptum est, qui postumus brevi et ipse decessit, atque ita omnis hereditas ad matrem postumi devoluta est. soror testatoris Maeviam veneficii in Lucium Titium accusavit: cum non optinuisset, provocavit: interea decessit rea: nihilo minus tamen apostoli redditi sunt. quaero, an putes extincta rea cognitionem appellationis inducendam propter hereditatem quaesitam. Modestinus respondit morte reae crimine extincto persecutionem eorum, quae scelere adquisita probari possunt, fisco competere posse.
The Same, Opinions, Book XVII. Lucius Titius appointed his sister his heir to three-fourths of his estate, and his wife, Mævia, and his father-in-law, his heirs to the remainder. His will was invalidated by the death of a posthumous child, who himself died soon afterwards; and hence the entire estate was acquired by the mother of the said posthumous child. The sister of the testator accused Mævia of having poisoned Lucius Titius. Having failed to prove this, she appealed, and in the meantime, the defendant died, but nevertheless, notices were issued. I ask whether you think that the defendant having died, the appeal could be heard on account of the estate which was acquired. Modestinus answered that, although the accusation was annulled by the death of the defendant, still the Treasury had a right to recover the property, if it could be proved that it had been acquired by crime.