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Justinian I · The Digest of Justinian §1.19.1.pr-1.19.1.2

Authority and Limits of Caesar's Procurator

Passage 224 of 9271 · Latin

Summary

This text explains the authority of Caesar's procurator, stating that their acts are approved as if done by Caesar himself, while limiting their power of alienation and highlighting their special privilege regarding the acceptance of inheritances.

[ULPIANUS libro sexto decimo ad edictum. ] §1.19.1.prQuae acta gestaque sunt a procuratore Caesaris, sic ab eo comprobantur, atque si a Caesare gesta sunt.
[ULPIAN, on the Edict, book 16.] Whatever has been done and transacted by a procurator of Caesar is approved by him just as if it had been done by Caesar himself.
§1.19.1.1Si rem Caesaris procurator eius quasi rem propriam tradat, non puto eum dominium transferre: tunc enim transfert, cum negotium Caesaris gerens consensu ipsius tradit.
If a procurator of Caesar delivers a property of Caesar as if it were his own, I do not think that he transfers ownership; for he transfers it only when, conducting the business of Caesar, he delivers it with Caesar's own consent.
denique si uenditionis uel donationis uel transactionis causa quid agat, nihil agit: non enim alienare ei rem Caesaris, sed diligenter gerere commissum est.
Consequently, if he does anything for the purpose of sale, donation, or compromise, his act is void; for he has been commissioned not to alienate Caesar's property, but to manage it with diligence.
§1.19.1.2Est hoc praecipuum in procuratore Caesaris, quod et eius iussu seruus Caesaris adire hereditatem potest et, si Caesar heres instituatur, miscendo se opulentae hereditati procurator heredem Caesarem facit.
This is a special privilege in the case of a procurator of Caesar: that even by his order a slave of Caesar can enter upon an inheritance, and, if Caesar is instituted as heir, the procurator, by intermeddling with the inheritance, makes Caesar the heir.

Notes

  1. §1.19.1.prab eo — The pronoun "eo" refers to "Caesar" in this context, signifying retroactive approval (comprobatio) by the emperor himself.
  2. §1.19.1.pratque si — Equivalent to "ac si" (just as if), introducing a comparison with a hypothetical scenario, here followed by the indicative "gesta sunt".
  3. §1.19.1.1non enim alienare ei rem Caesaris, sed diligenter gerere commissum est. — The subject consists of the infinitive phrases "alienare..." and "gerere", with "ei" (to the procurator) as a dative of reference. "commissum est" governs these infinitives as its subject.
  4. §1.19.1.2eius iussu — The pronoun "eius" refers back to "procuratore Caesaris", indicating the privilege that a slave of Caesar can enter upon an inheritance by the order of the procurator rather than the emperor himself.
  5. §1.19.1.2miscendo se opulentae hereditati — The ablative gerund "miscendo" (with the reflexive pronoun "se") expresses means or manner. "opulentae hereditati" is the dative object of "miscere", meaning "by intermeddling with (taking administrative action regarding) the wealthy estate."

Cite this passage

Justinian I, The Digest of Justinian §1.19.1.pr-1.19.1.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.19.1.pr-1.19.1.2

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