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The Digest of Justinian

§1.16.5.pr

Delegation of Jurisdiction Before Arrival Due to Delay

An exceptional rule allowing a proconsul to delegate jurisdiction before his arrival in the province, if he experiences an unavoidable delay on his journey while his deputy is to arrive ahead of him.

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[PAPINIANUS libro primo quaestionum.]

[PAPINIANUS, from the first book of his Questions.]

§1.16.5.pr

​Aliquando mandare iurisdictionem proconsul potest, etsi nondum in prouinciam peruenerit. quid enim si1 necessariam moram in itinere patiatur, maturissime autem legatus in prouinciam peruenturus sit?2

​Sometimes a proconsul can delegate jurisdiction, even if he has not yet arrived in the province. For what if he should experience a necessary delay on his journey, while his deputy is to arrive in the province very promptly?

Syntax notes2 items
  1. 1.16.5.prquid enim si

    An idiomatic expression introducing a rhetorical question, short for "quid fiet, si..." (what would happen if...). It means "for what if..." and introduces a concrete exceptional case to support the preceding statement.

  2. 1.16.5.prperuenturus sit

    A future active periphrastic conjugational form, combining the future active participle of peruenio (peruenturus) with the present subjunctive of esse (sit). Used in the conditional si-clause, it coordinates with patiatur (present subjunctive) while expressing a future expectation or likelihood ("is to arrive").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.16.5.pr