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Justinian I · The Digest of Justinian §5.1.46.pr

Replacement of a Judge due to Insanity and Serious Illness

Passage 927 of 9271 · Latin

Summary

This section explains that a judge does not lose his office even if he becomes insane after appointment, but because a serious illness excuses him from the duty of judging, he must eventually be replaced.

[PAULUS libro secundo quaestionum. ] §5.1.46.prIudex datus in eodem officio permanet, licet furere coeperit, quia recte ab initio iudex addictus est: sed iudicandi necessitatem morbus sonticus remittit.
[PAULUS, Questions, Book II.] A judge who has been appointed remains in the same office, even though he should begin to be insane, because he was legally designated as judge from the beginning; but a serious illness excuses him from the necessity of judging.
ergo mutari debet.
Therefore, he must be replaced.

Notes

  1. §5.1.46.prlicet furere coeperit — The concessive conjunction `licet` is used here with the perfect subjunctive `coeperit` to mean "even though he should begin to be insane."
  2. §5.1.46.prmorbus sonticus — An archaic legal term denoting a "serious illness" that serves as a valid excuse for failing to perform a legal duty. Here it acts as the subject of `remittit` ("excuses" or "releases").

Cite this passage

Justinian I, The Digest of Justinian §5.1.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.46.pr

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