Justinian I · The Digest of Justinian §4.8.41.pr

Age Qualifications for Arbitrators and Relief for Young Persons

Passage 863 of 9271 · Latin

Summary

This section explains that because the Julian law exempts those under twenty from serving as judges, they cannot be chosen as arbitrators, and any penalty based on their decision is void, while also noting that relief may be granted to those between twenty and twenty-five who rashly undertake a hearing.

[CALLISTRATUS libro primo edicti monitorii. ] §4.8.41.prCum lege Iulia cautum sit, ne minor uiginti annis iudicare cogatur, nemini licere minorem uiginti annis compromissarium iudicem eligere: ideoque poena ex sententia eius nullo modo committitur.

[CALLISTRATUS in his first book on the Monitory Edict.] Since it is provided by the Julian law that no one under twenty years of age shall be compelled to act as a judge, no one is allowed to select an arbitrator who is under twenty years of age; and therefore, the penalty under his decision is in no way incurred.

maiori tamen uiginti annis, si minor uiginti quinque annis sit, ex hac causa succurrendum, si temere auditorium receperit, multi dixerunt.

Many, however, have said that if a person over twenty but under twenty-five years of age has rashly undertook the hearing, relief should be granted to him on this ground.

Notes

4.8.41.prcautum sit, ne — The verb "cavere" (to provide, decree) in the passive impersonal form "cautum sit" is followed by a "ne" clause specifying the prohibition or exemption ("that no one... shall be compelled").
4.8.41.prnemini licere — The infinitive "licere" is used as the main verb in indirect speech, forming the conclusion of the preceding "cum" clause. It is an impersonal construction taking "eligere" as its subject and the dative "nemini".
4.8.41.prmaiori... succurrendum — Since the intransitive verb "succurrere" (to relieve, help) governs the dative, its gerundive passive periphrastic construction is impersonal ("succurrendum [esse]"), with the recipient of the relief expressed by the dative "maiori" (one over twenty years of age).

Cite this passage

Justinian I, The Digest of Justinian §4.8.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.41.pr

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