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Justinian I · The Digest of Justinian §26.10.8.pr

Definition of Suspect Tutor and Poverty Not Grounds for Removal

Passage 3935 of 9271 · Latin

Summary

Ulpian explains that a suspect tutor is one whose character warrants suspicion, and that a tutor who is merely poor but faithful and diligent should not be removed as suspect.

[IDEM libro sexagesimo primo ad edictum. ] §26.10.8.prSuspectum tutorem eum putamus, qui moribus talis est, ut suspectus sit: enim uero tutor quamuis pauper est, fidelis tamen et diligens, remouendus non est quasi suspectus.
[THE SAME, On the Edict, Book 61.] We consider that tutor to be suspect who is of such a character in his morals that he is suspect: for indeed a tutor, although he is poor, if he is nevertheless faithful and diligent, must not be removed as if he were suspect.

Notes

  1. §26.10.8.prmoribus talis est, ut suspectus sit — "moribus" is the ablative plural of "mos" (character, morals), here used as an ablative of respect ("in respect of his morals"). "talis ... ut suspectus sit" forms a consecutive clause ("of such a character that he is suspect").
  2. §26.10.8.prquamuis pauper est — The conjunction "quamuis" (although) typically governs the subjunctive in classical Latin, but in juristic and post-classical Latin, it frequently takes the indicative (here "est") to express concession.

Cite this passage

Justinian I, The Digest of Justinian §26.10.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.10.8.pr

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