- 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-lat1:3.1.11.pr-3.1.11.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-01
Based on the Emperor's rescript, it shows the criteria under which a tutor is permitted to assist a pupil or conduct a case against the fiscus, even if they had previously acted as an advocate against the pupil's father. It also notes that the category of infamous persons will be explained in the next title.
[TRYPHONINUS libro quinto disputationum.]
[TRYPHONINUS, in his Fifth Book of Disputations.]
A principe nostro rescriptum est non prohiberi1 tutorem adesse pupillo in negotio, in quo aduocatus contra patrem eius fuisset. sed et illud2 permissum ab eo est agere tutorem pupilli causam aduersus fiscum, in qua aduersus patrem pupilli antea aduocatus fisci fuisset.
It was replied by rescript by our Emperor that a tutor is not prohibited from assisting his pupil in a transaction in which he had been an advocate against the pupil’s father. But it was also permitted by him that a tutor conduct the case of his pupil against the fiscus, in which case he had previously been the advocate of the fiscus against the pupil’s father.
Qui3 autem inter infames sunt, sequenti titulo explanabitur.
Who, however, are numbered among the infamous will be explained in the following title.
- 3.1.11.prnon prohiberi
The infinitive phrase non prohiberi tutorem adesse functions as the subject of the impersonal passive rescriptum est ('it was replied by rescript'). Within this phrase, tutorem is the subject accusative of the passive infinitive prohiberi, and adesse is the complementary infinitive depending on prohiberi.
- 3.1.11.prillud
The demonstrative pronoun illud acts as a proleptic pronoun pointing forward to the appositive accusative-with-infinitive phrase agere tutorem pupilli causam aduersus fiscum.
- 3.1.11.1Qui
The relative clause Qui autem inter infames sunt (with plural subject) does not agree in number with the main verb explanabitur (third person singular future passive). This is because the entire clause functions as a topic ('concerning those who are among the infamous'), while the main verb is used impersonally ('it will be explained').