- 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-lat1:4.8.50.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
Explains a case where an arbitrator attempted to postpone the arbitration date on his own authority and a litigant disobeyed, concluding that the penalty could not be demanded because the arbitrator had no power to issue such an order.
[ALFENUS libro septimo digestorum.]
[ALFENUS in his seventh book of the Digests.]
Arbiter ex compromisso sumptus cum ante eum diem, qui constitutus compromisso erat, sententiam dicere non posset, diem compromissi proferri iusserat: alter ex litigatoribus dicto audiens1 non fuerat: consulebatur2 possetne ab eo pecunia ex compromisso peti. respondi non posse,3 ideo quod non esset arbitro permissum ut id iuberet.4
An arbitrator chosen under a submission to arbitration, since he was unable to pronounce his award before the day which had been established by the submission, had ordered the day of the submission to be postponed; one of the litigants did not obey the order. The question was asked whether the penalty under the submission could be demanded from him. I replied that it could not, for the reason that the arbitrator was not permitted to order this.
- 4.8.50.prdicto audiens
The phrase dicto audiens is an idiomatic expression combining the dative dicto (word, command) and the participle audiens (hearing, obeying) to mean "obedient to a command" or "obeying."
- 4.8.50.prconsulebatur
consulebatur is an impersonal passive of consulere in the imperfect tense, meaning "the question was asked" or "advice was sought." It introduces the indirect question starting with possetne.
- 4.8.50.prnon posse
This is an infinitive clause dependent on respondi (I replied). The accusative subject pecuniam (money) from the preceding sentence is omitted, meaning "it could not [be demanded]."
- 4.8.50.prnon esset arbitro permissum ut id iuberet
A subordinate clause introduced by ideo quod (for the reason that), using the subjunctive esset permissum to express the subjective or explanatory reason. The clause ut id iuberet (that he should order this) acts as the substantive subject of the impersonal passive verb permissum esset.