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Justinian I · The Digest of Justinian §1.4.1.pr-1.4.1.2

The Force of Prince's Decisions and Imperial Constitutions

Passage 61 of 9271 · Latin

Summary

This chunk explains that the decisions of the prince have the force of law because the people have transferred their power to him, defines the various forms of imperial constitutions, and distinguishes personal acts which do not establish precedent.

[ULPIANUS libro primo institutionum. ] §1.4.1.prQuod principi placuit, legis habet uigorem: utpote cum lege regia, quae de imperio eius lata est, populus ei et in eum omne suum imperium et potestatem conferat.
[ULPIANUS, Institutes, book 1] What has pleased the prince has the force of law: inasmuch as by the royal law, which was passed concerning his imperium, the people confers on him and into his person all its own imperium and potestas.
§1.4.1.1Quodcumque igitur imperator per epistulam et subscriptionem statuit uel cognoscens decreuit uel de plano interlocutus est uel edicto praecepit, legem esse constat.
Therefore, whatever the emperor has established by letter and subscription, or decreed in judging, or declared interlocutarily in a summary proceeding, or commanded by edict, is established to be law.
haec sunt quas uolgo constitutiones appellamus.
These are what we commonly call constitutions.
§1.4.1.2Plane ex his quaedam sunt personales nec ad exemplum trahuntur: nam quae princeps alicui ob merita indulsit uel si quam poenam irrogauit uel si cui sine exemplo subuenit, personam non egreditur.
Clearly, of these, some are personal and are not drawn into precedent: for what the prince has granted to someone on account of merits, or if he has imposed any penalty, or if he has succoured anyone contrary to precedent, does not go beyond the person.

Notes

  1. §1.4.1.prQuod principi placuit, legis habet uigorem — The relative clause `Quod principi placuit` (what has pleased the prince) functions as the subject of the main verb `habet`. `principi` is the dative case governed by the verb `placeo`.
  2. §1.4.1.prei et in eum — The juxtaposition of the dative `ei` (to him) and the prepositional phrase `in eum` (into him / onto his person) emphasizes that the transfer of power from the people to the emperor is not merely a personal grant but is fully vested in his legal person and office.
  3. §1.4.1.2quae princeps alicui ob merita indulsit uel si... — After the conjunction `nam`, the neuter plural relative clause `quae... indulsit` (what the prince has granted) is coordinated with two conditional clauses starting with `uel si...` (or if...). Together, they function as the logical subject (or conditions) of the main verb `egreditur`, forming an anacoluthon.

Cite this passage

Justinian I, The Digest of Justinian §1.4.1.pr-1.4.1.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.4.1.pr-1.4.1.2

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