- 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-lat1:5.1.46.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
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.
[PAULUS libro secundo quaestionum.]
[PAULUS, Questions, Book II.]
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.
- 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."
- 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").
