- 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-lat1:5.1.48.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
A section of a letter from the Emperor Hadrian, cited by Paulus, which regulates that magistrates are prohibited from engaging in private lawsuits or judging matters in which they act as tutors or curators during their term, but permits such lawsuits after their term expires.
[PAULUS libro secundo responsorum.]
[PAULUS, Responses, Book II.]
Pars litterarum diui Hadriani: τοὺς ἄρχοντας1 ἐν ᾧ ἄρχουσιν ἐνιαυτῷ μήτε εἰσιέναι δίκην ἰδίαν μήτε διωκόντων μήτε φευγόντων,2 μήτε περὶ ὧν3 ἐπίτροποι ἢ κουράτορες εἶεν κρινέτωσαν. ἐπειδὰν δὲ ἐξήκῃ ἡ ἀρχή, καὶ αὐτοῖς πρὸς τοὺς φεύγοντας καὶ τοῖς φεύγουσι πρὸς αὐτοὺς εἰσαγωγίμους εἶναι τὰς δίκας.4
A part of a letter of the deified Hadrian: “Magistrates shall not, during the year in which they hold office, enter into any private lawsuit, whether as plaintiffs or as defendants; nor shall they render judgment concerning matters in which they are tutors or curators. But when their term of office has expired, lawsuits shall be admissible both for them against the defendants and for the defendants against them.”
- 5.1.48.prτοὺς ἄρχοντας
Accusative noun. In context, it functions as the subject of the infinitive εἰσιέναι, but also semantically serves as the subject of the third-person plural imperative κρινέτωσαν at the end of the sentence. This mixture of an accusative-and-infinitive construction with imperative verbs is frequently found in official Greek rescripts influenced by Latin administrative style.
- 5.1.48.prδιωκόντων μήτε φευγόντων
Present participles in the genitive plural ("prosecuting" and "fleeing", i.e., plaintiffs and defendants). They can be interpreted either as genitives modifying the preceding δίκην ἰδίαν ("private lawsuit as a plaintiff or a defendant") or as a genitive absolute ("whether they are prosecuting or defending"). In either case, the phrase aims to prohibit magistrates from participating in private lawsuits as parties during their term of office.
- 5.1.48.prὧν
Relative pronoun in the genitive plural. The antecedent is omitted and can be understood either as neuter plural ("matters" or "interests" subject to guardianship) or masculine plural ("persons", i.e., wards). It prohibits the magistrate from judging matters where they themselves hold the office of tutor (ἐπίτροποι) or curator (κουράτορες).
- 5.1.48.prεἰσαγωγίμους εἶναι τὰς δίκας
Accusative-and-infinitive construction (subject τὰς δίκας, predicate adjective εἰσαγωγίμους, infinitive εἶναι). Following the Emperor's regulations from the beginning of the text, this clause expresses the admissibility of lawsuits after the expiration of the term of office (ἐπειδὰν δὲ ἐξήκῃ ἡ ἀρχή). The adjective εἰσαγώγιμος means "admissible" or "capable of being brought" before a court.