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The Digest of Justinian

§1.13.1.pr-1.13.1.4

Origins, Etymology, Duties, and Election of Quaestors

The text discusses the ancient origins and etymology of the office of quaestor, the debates surrounding its monarchical creation, the special duties of the emperor's candidates, and its democratization for both patricians and plebeians.

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[ULPIANUS libro singulari de officio quaestoris.]

[ULPIANUS, in his single book On the Office of Quaestor.]

§1.13.1.pr

​Origo quaestoribus creandis1 antiquissima est et paene ante omnes magistratus. Gracchanus denique Iunius libro septimo de potestatibus etiam ipsum Romulum et Numam Pompilium binos quaestores habuisse, quos ipsi non sua uoce, sed populi suffragio crearent,2 refert. sed sicuti dubium est, an Romulo et Numa regnantibus quaestor fuerit, ita Tullo Hostilio rege quaestores fuisse certum est: et sane crebrior apud ueteres opinio est Tullum Hostilium primum in rem publicam induxisse quaestores.

​The origin of appointing quaestors is extremely ancient and is prior to almost all other magistracies. Finally, Junius Gracchanus, in the seventh book On Powers, reports that even Romulus himself and Numa Pompilius had two quaestors each, whom they appointed not by their own voice, but by the vote of the people. But just as it is doubtful whether there was a quaestor during the reigns of Romulus and Numa, so it is certain that there were quaestors during the reign of King Tullus Hostilius; and indeed, the more common opinion among the ancients is that Tullus Hostilius first introduced quaestors into the state.

§1.13.1.1

​Et a genere quaerendi quaestores initio dictos et Iunius et Trebatius et Faenestella scribunt.

​And Junius, Trebatius, and Fenestella all write that the quaestors were originally so called from their method of searching.

§1.13.1.2

​Ex quaestoribus quidam solebant prouincias sortiri ex senatus consulto, quod factum est Decimo Druso et Porcina consulibus. sane non omnes quaestores prouincias sortiebantur, uerum excepti erant candidati principis: hi etenim solis libris principalibus in senatu legendis uacant.3

​Certain of the quaestors used to draw lots for provinces in accordance with a decree of the senate, which practice was introduced during the consulship of Decimus Drusus and Porcina. Indeed, not all quaestors drew lots for provinces, but the candidates of the emperor were exempted; for these latter are occupied solely with reading the emperor’s books in the senate.

§1.13.1.3

​Hodieque optinuit indifferenter quaestores creari tam patricios quam plebeios: ingressus4 est enim et quasi primordium gerendorum honorum sententiaeque in senatu dicendae.

​And today also it has prevailed that quaestors are appointed without distinction from among both patricians and plebeians; for it is the entrance and, as it were, the first step to holding offices and to delivering an opinion in the senate.

§1.13.1.4

​Ex his, sicut dicimus, quidam sunt qui candidati principis dicebantur quique epistulas eius in senatu legunt.

​Of these, as we say, there are some who were called the candidates of the emperor and who read his letters in the senate.

Syntax notes4 items
  1. 1.13.1.prquaestoribus creandis

    Dative of purpose or gerundive construction modifying origo, indicating the purpose or the action of "appointing quaestors" with which the origin is concerned.

  2. 1.13.1.prcrearent

    Subjunctive (imperfect) because it is a subordinate clause within indirect speech (introduced by refert). It may also carry a nuance of purpose or characteristic (the kind of officers they were to appoint).

  3. 1.13.1.2solis libris principalibus in senatu legendis uacant

    The verb uacant (vacare) here means "to be occupied with, devote oneself to" and governs the dative case. The dative object is the gerundive construction in the plural, libris ... legendis ("with reading the books").

  4. 1.13.1.3ingressus

    Nominative singular of the fourth-declension noun ingressus ("entrance"). The subject of est is either the infinitive clause quaestores creari from the preceding sentence or the implied office of the quaestorship (quaestura).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.13.1.pr-1.13.1.4