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The Digest of Justinian

§5.1.60.pr

Succession of Trial by a Substitute upon Death of a Judge

Specifies that if a judge dies, the substituted judge must follow and decide the same matters that the deceased judge was required to decide.

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[PAULUS libro quarto decimo ad Sabinum.]

[PAULUS, on Sabinus, Book XIV.]

§5.1.60.pr

​Mortuo iudice1 quod eum iudicare oportuerat2 idem eum qui subditus est3 sequi oportet.

​When a judge has died, the person who has been substituted for him must follow the same course that the former judge had been required to decide.

Syntax notes3 items
  1. 5.1.60.prMortuo iudice

    Mortuo iudice is an ablative absolute phrase consisting of the noun iudice and the perfect passive participle mortuo (from mori), expressing condition or time ("when a judge has died / in the event of a judge's death").

  2. 5.1.60.prquod eum iudicare oportuerat

    A relative clause modifying idem. The pronoun eum refers to the deceased judge and functions as the subject accusative of the infinitive iudicare. oportuerat is the pluperfect tense of the impersonal verb oportet.

  3. 5.1.60.preum qui subditus est

    Acts as the subject accusative of the infinitive sequi, which together forms the clausal subject of the main impersonal verb oportet. subditus est (from subdere, "to substitute") refers to the newly appointed successor judge.

Translated by Gemini 3.5 Flash (published 2026-07-13)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.60.pr