- 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-lat1:4.8.44.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
In a boundary dispute between Castellianus and Seius, it is ruled that the penalty under the submission is incurred if a party fails to obey the arbitrator's decision made in the presence of both parties.
[IDEM libro secundo digestorum.]
[THE SAME AUTHOR in his second book of the Digests.]
Inter Castellianum et Seium controuersia de finibus orta est et arbiter electus est, ut arbitratu eius res terminetur: ipse sententiam dixit praesentibus partibus et terminos posuit: quaesitum est, an si ex parte Castelliani arbitro paritum non esset,1 poena ex compromisso commissa est. respondi, si arbitro paritum non esset in eo, quod utroque praesente arbitratus esset,2 poenam commissam.
A dispute concerning boundaries arose between Castellianus and Seius, and an arbitrator was chosen so that by his decision the matter might be ended. He himself pronounced his decision with the parties present and placed boundary markers. The question was raised whether, if the arbitrator’s decision had not been obeyed on the part of Castellianus, the penalty under the submission was incurred. I replied that if the arbitrator’s decision had not been obeyed in that which he had decided with both parties present, the penalty was incurred.
- 4.8.44.prarbitro paritum non esset
Impersonal passive pluperfect of the intransitive verb pareo (to obey), which governs the dative (arbitro). Literally, "if it had not been obeyed to the arbitrator," meaning "if the arbitrator's decision had not been complied with."
- 4.8.44.prin eo, quod utroque praesente arbitratus esset
The verb arbitratus esset is the subjunctive pluperfect of the deponent verb arbitror (to decide, ruling), which is used here because it is a subordinate clause within the indirect discourse (poenam commissam [esse]) depending on respondi. The phrase utroque praesente is an ablative absolute meaning "both being present."