- 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-lat1:4.4.18.pr-4.4.18.5
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
This section discusses that a lower magistrate cannot grant restitution against a superior's judgment, that the authority to grant restitution in cases involving imperial decisions or imperial deputies belongs exclusively to the emperor, and that restitution is also applicable to the successors of minors.
[ULPIANUS libro undecimo ad edictum.]
[ULPIANUS in the eleventh book on the Edict.]
Minor autem magistratus contra sententiam maiorum non restituet.
However, a lower magistrate shall not grant restitution against a judgment of higher magistrates.
Si autem princeps sententiam dixit, perraro solet permittere restitutionem et induci in auditorium suum eum, qui per infirmitatem aetatis captum se dicat, dum ea, quae pro causa sunt, dicta non allegat uel ab aduocatis proditum queratur.1 denique Glabrionem Acilium diuus Seuerus et imperator Antoninus non audierunt incolorate restitui desiderantem aduersus fratrem post speciem in auditorio eorum finitam.
But if the emperor has rendered a judgment, it is very rare that he is accustomed to permit restitution and to allow him to be brought into his auditorium, who says that he was circumvented through the infirmity of his age, unless he alleges that things which were in favor of his case were not stated, or complains that he was betrayed by his advocates. Finally, the divine Severus and the Emperor Antoninus did not give a hearing to Acilius Glabrio when he desired to be restored without colorable ground against his brother after the case had been concluded in their auditorium.
Sed et Percennio Seuero contra res bis iudicatas in integrum restitui diuus Seuerus et imperator Antoninus permiserunt in auditorio suo examinari.2
But also, the divine Severus and the Emperor Antoninus permitted it to be examined in their auditorium whether Percennius Severus should be restored in integrum against twice-adjudicated matters.
Idem imperator Licinnio Frontoni rescripsit insolitum esse post sententiam uice sua ex appellatione dictam3 alium in integrum restitutionem tribuere nisi solum principem.
The same Emperor wrote in a rescript to Licinnius Fronto that it was unusual, after a judgment rendered on appeal in his stead, for anyone other than the Emperor alone to grant restitution in integrum.
Sed et si ab imperatore iudex datus cognoscat, restitutio ab alio nisi a principe, qui iudicem destinauit, non fiet.
But also, if a judge appointed by the emperor hears the case, restitution shall not be granted by anyone other than the emperor who designated the judge.
Non solum autem minoribus, uerum successoribus quoque minorum datur in integrum restitutio, etsi sint ipsi maiores.
Restitution in integrum, moreover, is granted not only to minors, but also to the successors of minors, even if they themselves are of full age.
- 4.4.18.1dum ea, quae pro causa sunt, dicta non allegat uel ab aduocatis proditum queratur
The conjunction dum with the subjunctive introduces a restrictive condition ('provided that... not' or 'unless'). It establishes an exception to the general rule of imperial non-intervention, meaning the emperor will not grant restitution unless the petitioner can show specific procedural defects, such as a failure to present crucial arguments or betrayal by their legal representatives.
- 4.4.18.2contra res bis iudicatas in integrum restitui diuus Seuerus et imperator Antoninus permiserunt in auditorio suo examinari
The main verb permiserunt governs the passive infinitive examinari (to be examined), which in turn takes the passive infinitive phrase in integrum restitui (to be restored) as the subject of the examination. The overall structure means 'they permitted it to be examined in their auditorium whether [he] should be restored in integrum against twice-adjudicated matters.'
- 4.4.18.3post sententiam uice sua ex appellatione dictam
The phrase uice sua means 'in his stead' or 'by his authority,' referring to a situation where a judgment was rendered on appeal by a deputy acting with the delegated authority of the emperor.