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The Digest of Justinian

§4.8.18.pr

Validity of Majority Decisions and Participation of All Judges

Pomponius adduces the example where a judgment rendered by two of three judges in the absence of the third is invalid, illustrating the principle that a majority decision is ratified only when all have participated.

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[POMPONIUS libro septimo decimo epistularum et uariarum lectionum.]

[POMPONIUS in his seventeenth book of Letters and Miscellany.]

§4.8.18.pr

​sicuti tribus iudicibus datis quod1 duo ex consensu absente tertio iudicauerunt, nihil ualet, quia id demum, quod maior pars omnium iudicauit, ratum est, cum2 et omnes iudicasse palam est.3

​Just as, when three judges have been appointed, what two have decided by agreement in the absence of the third is of no validity, because only that is ratified which the majority of all has decided, when it is also clear that all have judged.

Syntax notes3 items
  1. 4.8.18.prquod

    A relative pronoun incorporating its antecedent, with the entire clause quod ... iudicauerunt acting as the subject clause of the main verb ualet.

  2. 4.8.18.prid demum... cum

    The demonstrative pronoun id accompanied by the restrictive adverb demum ("only then," "only that") serves as the subject of the main clause, establishing a correlative relationship with the cum-clause indicating the condition or time ("only when ... is it ratified").

  3. 4.8.18.pret omnes iudicasse palam est

    The accusative with infinitive (AcI) construction omnes iudicasse ("that all have judged") serves as the subject of the impersonal expression palam est ("it is clear"). et functions as an intensive adverb meaning "also" or "even."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.18.pr