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Justinian I · The Digest of Justinian §1.12.3.pr

Limits and Exceptions of the Urban Prefect Outside Rome

Passage 176 of 9271 · Latin

Summary

This section states that when the prefect of the city goes beyond the city boundaries, he loses his regular power, but he is still permitted to order a trial from outside the city.

[ULPIANUS libro secundo ad edictum. ] §1.12.3.prPraefectus urbi cum terminos urbis exierit, potestatem non habet: extra urbem potest iubere iudicare.
[ULPIANUS, in the second book On the Edict.] The prefect of the city, when he has gone beyond the boundaries of the city, does not have power; however, outside the city he can order a trial to be held.

Notes

  1. 1.12.3.priubere iudicare — A combination of the verb 'iubere' (to order) and the active infinitive 'iudicare' (to judge / render judgment). In Roman formulary procedure, this refers to the exercise of jurisdictional power by a magistrate (here, the prefect) who directs the appointed private judge (iudex) to render a decision. This specific act is valid even if the prefect is physically outside the boundaries of the city.

Cite this passage

Justinian I, The Digest of Justinian §1.12.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.12.3.pr

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