- 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-lat1:5.1.39.pr-5.1.39.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
It explains that a trial remains valid even if a madman is appointed as a judge, provided his judgment is rendered when he is sane, and that an ambassador in Rome can act as a surety but cannot claim his privilege for contracts made in Italy.
[PAPINIANUS libro tertio quaestionum.]
[PAPINIANUS, Questions, Book III.]
Cum furiosus iudex addicitur, non ideo minus1 iudicium erit, quod hodie non potest iudicare: ut scilicet suae mentis effectus2 quod sententiae dixerit, ratum sit: neque enim in addicendo praesentia uel scientia iudicis necessaria est.
When a madman is appointed as judge, the trial will not for that reason be any less valid, because he cannot judge today; so that, of course, when he has become of sound mind, whatever judgment he may render shall be valid. For in the appointment, neither the presence nor the knowledge of the judge is necessary.
Qui legationis causa Romam uenit, ex qualibet causa fideiubere potest, cum priuilegio suo, cum sit in Italia contractum,3 uti non potest.
He who has come to Rome for the purpose of an embassy can become a surety for any cause whatsoever, but he cannot make use of his privilege, since the contract was made in Italy.
- 5.1.39.prnon ideo minus
A double negation ("not for that reason less") expressing a strong affirmation. It indicates that even if a madman is appointed as a judge, the validity of the trial (iudicium) established by that appointment remains fully intact.
- 5.1.39.prsuae mentis effectus
The word effectus found in the manuscripts is commonly interpreted as a scribal error for, or synonymous with, factus, and is treated as equivalent to the idiom suae mentis factus (having become of sound mind), with the genitive mentis. Here it functions temporally or conditionally, meaning "when he has recovered his senses".
- 5.1.39.1cum sit in Italia contractum
The conjunction cum is causal ("since", "inasmuch as") and takes the subjunctive sit. contractum is a perfect passive participle in the neuter singular, impersonally referring to the fact that the contract (or the obligation) was entered into within Italy.