- 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-lat1:2.2.4.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-27
Gaius explains the praetor's elegant exception, which excludes from the edict's penalty cases where an action is taken against someone who had himself committed a similar violation, and points out its reasonableness.
[GAIUS libro primo ad edictum prouinciale.]
[GAIUS, on the Provincial Edict, Book I.]
Illud eleganter1 praetor excipit: 'praeterquam si quis eorum contra eum fecerit, qui ipse eorum quid2 fecisset': et recte, ne scilicet uel magistratus, dum studet hoc edictum defendere, uel litigator, dum uult beneficio huius edicti uti, ipse in poenam ipsius edicti committat.3
The praetor elegantly makes the following exception: ‘except where any of them has acted against a person who himself had done any of those things’; and rightly so, namely, lest either the magistrate, while he is eager to uphold this edict, or the litigant, while he wishes to enjoy the benefit of this edict, should himself incur the penalty of the same edict.
- 2.2.4.preleganter
Meaning 'elegantly' or 'suitably.' An evaluative adverb common in the Digest, used to praise a legal rule or interpretation for being highly rational and consistent.
- 2.2.4.preorum quid
eorum is a partitive genitive modifying quid ('any of those things'). It functions here as a neuter plural genitive referring to the unjust judicial acts prohibited by the edict.
- 2.2.4.prin poenam ipsius edicti committat
The phrase committere in poenam is a legal idiom meaning 'to incur a penalty' or 'to become subject to a punishment' through some violation. Here it is used in the subjunctive mood within the purpose clause introduced by ne.