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Justinian I · The Digest of Justinian §5.1.55.pr

Counting Edicts of Summons by Predecessors

Passage 936 of 9271 · Latin

Summary

Describes how edicts of summons issued by a predecessor are counted by their successor, and the custom where the successor issues one additional edict even if the required number was already completed by the predecessor.

[IDEM libro singulari de officio adsessorum. ] §5.1.55.prEdictum, quod ab antecessore datum est, in numero trium edictorum connumerari debet.
[THE SAME, in his single book On the Office of Assessors.] An edict which has been issued by a predecessor must be counted in the number of the three edicts.
plane licet omnis ab antecessore numerus finitus sit, solet successor unum edictum dare.
Clearly, even if the entire number has been completed by the predecessor, the successor is accustomed to issue one edict.

Notes

  1. §5.1.55.predictum — Here, `edictum` does not refer to the general "edict" (statutory proclamation) issued by a magistrate, but rather to an individual "summons" or "call to court" issued to a party in judicial proceedings.
  2. §5.1.55.prlicet omnis ab antecessore numerus finitus sit — The conjunction `licet` takes the subjunctive (here perfect subjunctive `finitus sit`) to introduce a concessive clause ("although," "even if"). `omnis numerus` ("the entire number") refers to the limit of three edicts mentioned in the previous sentence.

Cite this passage

Justinian I, The Digest of Justinian §5.1.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.55.pr

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