Humanitext Reader

Justinian I · The Digest of Justinian §28.1.27.pr

Competence of the Drafter of a Will to Act as a Witness

Passage 4117 of 9271 · Latin

Summary

Domitius Labeo asks Celsus whether a person who wrote a will can also serve as a witness, to which Celsus sharply replies that the question is extremely foolish, as there is no doubt that such a person can legally be a witness.

[CELSUS libro quinto decimo digestorum. ] §28.1.27.prDomitius Labeo Celso suo salutem.
[CELSUS in the fifteenth book of the Digests.] Domitius Labeo to his dear Celsus, greeting.
Quaero, an testium numero habendus sit is, qui, cum rogatus est ad testamentum scribendum, idem quoque cum tabulas scripsisset, signauerit.
I ask whether he should be counted in the number of witnesses who, having been asked to write a will, also sealed it, although he himself had written the tablet.
Iuuentius Celsus Labeoni suo salutem.
Iuventius Celsus to his dear Labeo, greeting.
Non intellego quid sit, de quo me consulueris, aut ualide stulta est consultatio tua: plus enim quam ridiculum est dubitare, an aliquis iure testis adhibitus sit, quoniam idem et tabulas testamenti scripserit.
I do not understand what it is about which you consult me, or else your consultation is exceedingly foolish; for it is more than ridiculous to doubt whether anyone has been lawfully employed as a witness because he also wrote the tablets of the will.

Notes

  1. §28.1.27.prtestium numero habendus sit is — habendus sit is a passive periphrastic subjunctive in an indirect question expressing obligation or propriety. testium numero is an ablative of place or category, meaning 'should be held in the number of witnesses' (i.e., counted as one of the witnesses).
  2. §28.1.27.prplus enim quam ridiculum est — The comparative phrase plus quam modifies the neuter singular adjective ridiculum, with est. It functions as an intensive expression: 'it is more than ridiculous.' The subject of est is the subsequent infinitive phrase dubitare...

Cite this passage

Justinian I, The Digest of Justinian §28.1.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.1.27.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.