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Justinian I · The Digest of Justinian §42.1.57.pr

Validity of Judgments Rendered by Underage Judges

Passage 6909 of 9271 · Latin

Summary

This section discusses the validity of judgments rendered by judges or magistrates under twenty-five years of age, stating that they are valid under certain age limits (eighteen and above), especially with the consent of the parties or by imperial appointment.

[IDEM libro secundo disputationum. ] §42.1.57.prQuidam consulebat, an ualeret sententia a minore uiginti quinque annis iudice data.
[THE SAME, in the second book of Disputations.] A certain person asked whether a judgment rendered by a judge under twenty-five years of age was valid.
et aequissimum est tueri sententiam ab eo dictam, nisi minor decem et octo annis sit.
And it is most equitable to uphold a judgment pronounced by him, unless he is under eighteen years of age.
certe si magistratum minor gerit, dicendum est iurisdictionem eius non improbari.
Certainly, if a minor holds a magistracy, it must be said that his jurisdiction is not disallowed.
et si forte ex consensu iudex minor datus sit scientibus his, qui in eum consentiebant, rectissime dicitur ualere sententiam.
And if by chance a minor judge has been appointed by consent, those who consented to him being aware of this, it is most correctly said that the judgment is valid.
proinde si minor praetor, si consul ius dixerit sententiamue protulerit, ualebit: princeps enim, qui ei magistratum dedit, omnia gerere decreuit.
Therefore, if a minor as praetor or as consul has declared the law or pronounced a judgment, it will be valid; for the emperor, who gave him the magistracy, decided that he should perform all its functions.

Notes

  1. §42.1.57.prminore uiginti quinque annis — The ablative `annis` following the comparative `minore` is an ablative of comparison, meaning "younger than twenty-five years." The same construction appears in the subsequent phrase `minor decem et octo annis` (under eighteen years).
  2. §42.1.57.prscientibus his, qui in eum consentiebant — This is an ablative absolute construction consisting of the present participle `scientibus` and the pronoun `his`. The pronoun `eum` in the relative clause refers back to `iudex minor` (minor judge), meaning "while those who consented to him were aware of the fact (that he was a minor)."

Cite this passage

Justinian I, The Digest of Justinian §42.1.57.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.57.pr

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