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The Digest of Justinian

§4.8.41.pr

Age Qualifications for Arbitrators and Relief for Young Persons

This section explains that because the Julian law exempts those under twenty from serving as judges, they cannot be chosen as arbitrators, and any penalty based on their decision is void, while also noting that relief may be granted to those between twenty and twenty-five who rashly undertake a hearing.

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[CALLISTRATUS libro primo edicti monitorii.]

[CALLISTRATUS in his first book on the Monitory Edict.]

§4.8.41.pr

​Cum lege Iulia cautum sit, ne1 minor uiginti annis iudicare cogatur, nemini licere2 minorem uiginti annis compromissarium iudicem eligere: ideoque poena ex sententia eius nullo modo committitur. maiori tamen uiginti annis, si minor uiginti quinque annis sit, ex hac causa succurrendum,3 si temere auditorium receperit, multi dixerunt.

​Since it is provided by the Julian law that no one under twenty years of age shall be compelled to act as a judge, no one is allowed to select an arbitrator who is under twenty years of age; and therefore, the penalty under his decision is in no way incurred. Many, however, have said that if a person over twenty but under twenty-five years of age has rashly undertaken the hearing, relief should be granted to him on this ground.

Syntax notes3 items
  1. 4.8.41.prcautum sit, ne

    The verb "cavere" (to provide, decree) in the passive impersonal form "cautum sit" is followed by a "ne" clause specifying the prohibition or exemption ("that no one... shall be compelled").

  2. 4.8.41.prnemini licere

    The infinitive "licere" is used as the main verb in indirect speech, forming the conclusion of the preceding "cum" clause. It is an impersonal construction taking "eligere" as its subject and the dative "nemini".

  3. 4.8.41.prmaiori... succurrendum

    Since the intransitive verb "succurrere" (to relieve, help) governs the dative, its gerundive passive periphrastic construction is impersonal ("succurrendum [esse]"), with the recipient of the relief expressed by the dative "maiori" (one over twenty years of age).

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
  • 2026-09-21 AI review — translation 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.41.pr