← Justinian I

The Digest of Justinian

§5.1.46.pr

Replacement of a Judge due to Insanity and Serious Illness

This section explains that a judge does not lose his office even if he becomes insane after appointment, but because a serious illness excuses him from the duty of judging, he must eventually be replaced.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[PAULUS libro secundo quaestionum.]

[PAULUS, Questions, Book II.]

§5.1.46.pr

​Iudex datus in eodem officio permanet, licet furere coeperit,1 quia recte ab initio iudex addictus est: sed iudicandi necessitatem morbus sonticus2 remittit. ergo mutari debet.

​A judge who has been appointed remains in the same office, even though he should begin to be insane, because he was legally designated as judge from the beginning; but a serious illness excuses him from the necessity of judging. Therefore, he must be replaced.

Syntax notes2 items
  1. 5.1.46.prlicet furere coeperit

    The concessive conjunction licet is used here with the perfect subjunctive coeperit to mean "even though he should begin to be insane."

  2. 5.1.46.prmorbus sonticus

    An archaic legal term denoting a "serious illness" that serves as a valid excuse for failing to perform a legal duty. Here it acts as the subject of remittit ("excuses" or "releases").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.46.pr