- 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-lat1:5.1.12.pr-5.1.12.3
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
This chunk explains who has the authority to appoint a judge based on law, constitution, decree, or custom, and lists those disqualified by nature, law, or custom, noting that family status does not affect eligibility.
[PAULUS libro septimo decimo ad edictum.]
[PAULUS in the seventeenth book on the Edict.]
Cum praetor unum ex pluribus iudicare uetat, ceteris id committere uidetur.
When the praetor forbids one of several persons to act as judge, he is deemed to entrust it to the others.
Iudicem dare possunt, quibus hoc lege uel constitutione uel senatus consulto conceditur. lege, sicut proconsuli. is quoque cui mandata est iurisdictio iudicem dare potest: ut sunt legati proconsulum. item hi quibus id more concessum est propter uim imperii, sicut praefectus urbi ceterique Romae magistratus.
Those to whom this is granted by law, constitution, or decree of the senate can appoint a judge. By law, as for example, a proconsul. He also to whom jurisdiction has been delegated can appoint a judge: as are the legates of proconsuls. Likewise, those to whom this has been granted by custom on account of the power of their imperium, as for example, the prefect of the city and the other magistrates of Rome.
Non autem omnes iudices dari possunt ab his qui iudicis dandi ius habent: quidam enim lege impediuntur ne iudices sint, quidam natura, quidam moribus. natura, ut surdus mutus: et perpetuo furiosus et impubes, quia iudicio1 carent. lege impeditur, qui senatu motus est. moribus feminae et serui, non quia non habent iudicium, sed quia receptum est, ut ciuilibus officiis non fungantur.2
However, not all persons can be appointed as judges by those who have the right to appoint a judge; for some are prevented by law, some by nature, and some by custom, from being judges. By nature, such as a deaf person, a mute; and a person who is perpetually insane, and a minor, because they lack judgment. A person who has been expelled from the senate is prevented by law. By custom, women and slaves, not because they lack judgment, but because it has been accepted that they should not perform civil offices.
Qui possunt esse iudices, nihil interest in potestate an sui iuris sint.3
With respect to those who can be judges, it makes no difference whether they are under power or are independent.
- 5.1.12.2iudicio
Here, iudicium refers to 'judgment' or 'power of discernment' rather than 'a trial' or 'a court'. This is evident from the context where minors and the insane cannot be judges because they lack rational capacity. It is also consistent with the subsequent phrase non quia non habent iudicium regarding women and slaves.
- 5.1.12.2receptum est, ut ciuilibus officiis non fungantur
The ut-clause functions as the subject of the impersonal passive receptum est ('it has been accepted/established that...'). The verb fungor (to perform/discharge) takes the ablative case (ciuilibus officiis).
- 5.1.12.3Qui possunt esse iudices, nihil interest in potestate an sui iuris sint
The opening clause Qui possunt esse iudices grammatically functions as a relative clause with an omitted genitive demonstrative (e.g., eorum), acting as the topic of the sentence. The indirect question in potestate an sui iuris sint ('whether they are under power or independent') serves as the subject of nihil interest ('it makes no difference').