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Justinian I · The Digest of Justinian §3.1.6.pr

Applications by Mandatory Duty and Scope of Advocacy Bans

Passage 453 of 9271 · Latin

Summary

Ulpian discusses that those who perform a mandatory duty can make applications without violating the edict, and that a person prohibited from acting as an advocate by a magistrate during his term can still do so before his successor.

[IDEM libro sexto ad edictum. ] §3.1.6.prPuto autem omnes, qui non sponte, sed necessario officio funguntur, posse sine offensa edicti postulare, etiamsi hi sint, qui non nisi pro se postulare possunt.
[The same, in the sixth book on the Edict.] However, I think that all who discharge not a voluntary but a necessary duty can make applications without violating the edict, even if they are those who can only make applications on behalf of themselves.
si quis aduocationem praestare fuerit prohibitus, si quidem apud se, ut solent facere, tempore magistratus sui, puto eum postea apud successorem eius adesse posse.
If anyone has been prohibited from acting as an advocate, provided that this was before the magistrate himself during the term of his office, as they are accustomed to do, I think that he can afterwards appear as an advocate before his successor.

Notes

  1. §3.1.6.prnecessario officio — An ablative case, functioning as the object (complement) of the deponent verb funguntur (fungor).
  2. §3.1.6.prapud se — The reflexive pronoun se here refers not to the subject of the main clause ("I" in puto), but to the contextual agent, i.e., the "magistrate" who issued the prohibition (indirect reflexive). The same applies to sui in the subsequent magistratus sui.

Cite this passage

Justinian I, The Digest of Justinian §3.1.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.1.6.pr

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