- 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-lat1:4.6.39.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-09
It states that a person absent on public business is not entitled to the extraordinary remedy of restoration to his original position if he left an agent who could have defended him.
[PAULUS libro primo sententiarum.]
[PAULUS, Sentences, Book I]
Is qui rei publicae causa afuturus erat, si procuratorem reliquerit, per quem defendi potuit,1 in integrum uolens restitui2 non auditur.3
A person who was about to be absent on public business, if he left an agent through whom he could have been defended, is not heard when he wishes to be restored to his original position.
- 4.6.39.prdefendi potuit
The passive infinitive 'defendi' refers to being defended as a defendant in a lawsuit. The indicative perfect 'potuit' (could have been / was able to be) indicates the objective fact that defense was possible because an agent (procurator) had been appointed.
- 4.6.39.prin integrum ... restitui
The verbal expression of the legal phrase 'in integrum restitutio' (restoration to the original condition), an extraordinary remedy granted by the magistrate to someone who suffered a legal disadvantage due to absence. Here, the passive infinitive 'restitui' serves as the complement to 'uolens' (wishing).
- 4.6.39.prnon auditur
Literally 'is not heard.' A legal idiom meaning that one's petition or claim (in this case, for restoration) is not admitted or is dismissed by the magistrate or judge.