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Justinian I · The Digest of Justinian §27.2.5.pr

Governor's Determination of the Ward's Residence

Passage 3992 of 9271 · Latin

Summary

This section outlines that the provincial governor must decide, after due investigation, where a ward should stay or be brought up, and that individuals who pose a threat to the minor's chastity must be excluded from the proceedings.

[ULPIANUS libro tertio de officio proconsulis. ] §27.2.5.prSi disceptetur, ubi morari uel ubi educari pupillum oporteat, causa cognita id praesidem statuere oportebit.
[ULPIANUS, from the third book on the Office of Proconsul.] If there is a dispute as to where the ward ought to stay or where he ought to be brought up, the governor, after investigating the case, must decide this.
in causae cognitione euitandi sunt, qui pudicitiae impuberi possunt insidiari.
In the investigation of the case, those who may lie in wait for the chastity of the minor must be avoided.

Notes

  1. §27.2.5.prcausa cognita — Ablative absolute. The combination of the perfect passive participle cognita of cognoscere (to investigate, examine) and the noun causa (cause, case) expresses the legal condition "after investigating the case."
  2. §27.2.5.prpudicitiae impuberi — Dative case governed by insidiari (to lie in wait for, plot against). impuberi is either the dative feminine singular of the adjective impubes (under age, minor) agreeing with pudicitiae (chastity), or it is a substantive meaning "the minor," with both words standing in the dative case.

Cite this passage

Justinian I, The Digest of Justinian §27.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.2.5.pr

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