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Justinian I · The Digest of Justinian §49.3.3.pr

Appeals Where Judges Are Appointed on Imperial Authority

Passage 8497 of 9271 · Latin

Summary

It rules that when a magistrate of the Roman people appoints a judge, even if doing so under the authority of an emperor who nominated the judge by name, any appeal must still be directed against that magistrate.

[MODESTINUS libro octauo regularum. ] §49.3.3.prDato iudice a magistratibus populi Romani cuiuscumque ordinis, etiamsi ex auctoritate principis licet nominatim iudicem declarantis dederint, ipsi tamen magistratus appellabuntur.
[MODESTINUS, Rules, Book 8.] When a judge has been appointed by the magistrates of the Roman people of whatever rank, even if they appointed him by authority of the emperor, albeit [the emperor] designating the judge by name, yet the magistrates themselves will be appealed from.

Notes

  1. 49.3.3.prlicet nominatim iudicem declarantis — The concessive particle `licet` ("although", "even though") here functions as a conjunction modifying the genitive present participle `declarantis`, which agrees with `principis`. It indicates that even under the specific circumstance where the emperor himself designated the judge by name, the formal appointing authority remains the magistrate.
  2. 49.3.3.pripsi tamen magistratus appellabuntur — The future passive verb `appellabuntur` indicates that the appeal (appellatio) against the decision must be directed against the "magistrates themselves" as the formal nominators of the judge.

Cite this passage

Justinian I, The Digest of Justinian §49.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.3.3.pr

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