- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.16.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-26
Ulpian explains that a praetor can delegate his jurisdiction either entirely or in part, and that the delegate acts in the capacity of the delegator, not in his own.
[IDEM libro tertio de omnibus tribunalibus.]
[THE SAME, on All Tribunals, Book III.]
Solet praetor iurisdictionem mandare: et aut omnem mandat aut speciem unam:1 et is cui mandata iurisdictio est fungetur uice2 eius qui mandauit, non sua.
A praetor is accustomed to delegate his jurisdiction; and he delegates either the whole of it, or one particular department; and he to whom jurisdiction has been delegated shall act in the place of him who delegated it, not in his own.
- 2.1.16.promnem ... speciem unam
omnem modifies the preceding iurisdictionem (jurisdiction), while speciem unam refers to "one specific class" or "one particular department" of jurisdiction. This contrasts a general delegation of all jurisdiction with a specific, limited delegation.
- 2.1.16.prfungetur uice
The deponent verb fungor (to perform, discharge) governs the ablative case, hence the ablative singular uice (from uicis, turn, stead, place). The phrase uice eius means "in the place of him," and the subsequent non sua is an ellipse for non sua uice (not in his own place/capacity).