← Justinian I

The Digest of Justinian

§3.1.6.pr

Applications by Mandatory Duty and Scope of Advocacy Bans

Ulpian discusses that those who perform a mandatory duty can make applications without violating the edict, and that a person prohibited from acting as an advocate by a magistrate during his term can still do so before his successor.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[IDEM libro sexto ad edictum.]

[The same, in the sixth book on the Edict.]

§3.1.6.pr

​Puto autem omnes, qui non sponte, sed necessario officio1 funguntur, posse sine offensa edicti postulare, etiamsi hi sint, qui non nisi pro se postulare possunt. si quis aduocationem praestare fuerit prohibitus, si quidem apud se,2 ut solent facere, tempore magistratus sui, puto eum postea apud successorem eius adesse posse.

​However, I think that all who discharge not a voluntary but a necessary duty can make applications without violating the edict, even if they are those who can only make applications on behalf of themselves. If anyone has been prohibited from acting as an advocate, provided that this was before the magistrate himself during the term of his office, as they are accustomed to do, I think that he can afterwards appear as an advocate before his successor.

Syntax notes2 items
  1. 3.1.6.prnecessario officio

    An ablative case, functioning as the object (complement) of the deponent verb funguntur (fungor).

  2. 3.1.6.prapud se

    The reflexive pronoun se here refers not to the subject of the main clause ("I" in puto), but to the contextual agent, i.e., the "magistrate" who issued the prohibition (indirect reflexive). The same applies to sui in the subsequent magistratus sui.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.1.6.pr