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Justinian I · The Digest of Justinian §49.2.1.pr-49.2.1.4

Cases Where Appeals Are Not Permitted

Passage 8493 of 9271 · Latin

Summary

This section explains the specific situations where appeals are not allowed, including the absurdity of appealing from the Emperor himself, the prohibition of appeals from the Senate, the prior waiver of the right to appeal by a party, and the appointment of non-appealable judges by the Emperor.

[ULPIANUS libro primo de appellationibus. ] §49.2.1.prTractandum est, a quibus appellare non liceat.
[ULPIAN, On Appeals, Book I.] We must discuss from whom it is not permitted to appeal.
§49.2.1.1Et quidem stultum est illud admonere a principe appellare fas non esse, cum ipse sit qui prouocatur.
And indeed, it is foolish to point out that it is not lawful to appeal from the Emperor, since he himself is the one to whom the appeal is made.
§49.2.1.2Sciendum est appellari a senatu non posse principem, idque oratione diui Hadriani effectum.
It must be known that the Emperor cannot be appealed to from the Senate, and that this was established by an address of the Divine Hadrian.
§49.2.1.3Si quis ante sententiam professus fuerit se a iudice non prouocaturum, indubitate prouocandi auxilium perdidit.
If anyone, before the judgment, has declared that he will not appeal from the judge, he has undoubtedly lost the aid of appealing.
§49.2.1.4Interdum imperator ita solet iudicem dare, ne liceret ab eo prouocare, ut scio saepissime a diuo Marco iudices datos.
Sometimes the Emperor is accustomed to appoint a judge in such a way that it is not permitted to appeal from him, as I know that judges were very frequently appointed by the Divine Marcus.
an et alius possit ita iudicem dare, uidebimus: et puto non posse.
We shall see whether another person also can appoint a judge in this manner; and I think they cannot.

Notes

  1. §49.2.1.pra quibus — A phrase consisting of the preposition 'a' and the ablative plural of the relative pronoun 'qui', referring to the judges or magistrates from whose decisions the appeal is made ('from whom'). In Latin, the verb 'appellare' takes 'a' with the ablative to denote the lower judge.
  2. §49.2.1.2appellari a senatu non posse principem — A passive construction of 'appellare aliquem' (to appeal to someone, with the accusative). 'principem' (the Emperor) is the subject accusative of the passive infinitive 'appellari', and 'a senatu' (from the Senate) denotes the point of origin of the appeal. Thus, the entire clause means 'that the Emperor cannot be appealed to from the Senate.'
  3. §49.2.1.4ita ... ne liceret — A clause of result or restriction introduced by the adverb 'ita' (in such a manner), expressing a negative result or a conditional limitation ('on the condition that it should not be allowed'). 'ne' is used instead of the standard 'ut non' for result clauses, emphasizing the restrictive condition (non-appealability) attached to the appointment of the judge by the Emperor.

Cite this passage

Justinian I, The Digest of Justinian §49.2.1.pr-49.2.1.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.2.1.pr-49.2.1.4

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