Criteria of Absence from Fear and Judicial Assessment — Justinian I, The Digest of Justinian Book 4 (4.6.3.pr), Latin & English

[ULPIANUS libro duodecimo ad edictum.]

§4.6.3.pr

Metus autem causa abesse uidetur, qui iusto timore mortis uel cruciatus corporis conterritus abest:¹ et hoc ex affectu eius intellegitur. sed non sufficit quolibet terrore abductum timuisse,² sed huius rei disquisitio iudicis est.³

Now, a person is deemed to be absent because of fear who is absent through being terrified by a justified fear of death or bodily torture; and this is understood from his state of mind. But it is not sufficient for someone who has been led away by just any terror to have been afraid, but the investigation of this matter belongs to the judge.

Syntax notes3 items

4.6.3.prabesse uidetur, qui... abest
The verb uidetur (passive of uidere) is used personally ("is deemed/seen to") rather than impersonally. The demonstrative pronoun is, which serves as the antecedent of the relative pronoun qui, is omitted and acts as the grammatical subject of uidetur. Thus, the structure is "[the person] who... is deemed to be absent."
4.6.3.prabductum timuisse
An accusative-with-infinitive construction serving as the subject of the impersonal verb sufficit. An accusative pronoun (such as eum) is omitted as the subject of the infinitive timuisse ("to have been afraid"), and the perfect passive participle abductum ("led away/distracted") modifies this omitted pronoun. quolibet terrore is an ablative of cause or instrument ("by just any terror").
4.6.3.priudicis est
The genitive iudicis (from iudex, "judge") combined with est. This is a genitive of duty, office, or property, meaning "is the duty of the judge" or "belongs to the judge."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.3.pr