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Justinian I · The Digest of Justinian §5.1.60.pr

Succession of Trial by a Substitute upon Death of a Judge

Passage 941 of 9271 · Latin

Summary

Specifies that if a judge dies, the substituted judge must follow and decide the same matters that the deceased judge was required to decide.

[PAULUS libro quarto decimo ad Sabinum. ] §5.1.60.prMortuo iudice quod eum iudicare oportuerat idem eum qui subditus est sequi oportet.
[PAULUS, on Sabinus, Book XIV.] When a judge has died, the person who has been substituted for him must follow the same course that the former judge had been required to decide.

Notes

  1. §5.1.60.prMortuo iudice — `Mortuo iudice` is an ablative absolute phrase consisting of the noun `iudice` and the perfect passive participle `mortuo` (from `mori`), expressing condition or time ("when a judge has died / in the event of a judge's death").
  2. §5.1.60.prquod eum iudicare oportuerat — A relative clause modifying `idem`. The pronoun `eum` refers to the deceased judge and functions as the subject accusative of the infinitive `iudicare`. `oportuerat` is the pluperfect tense of the impersonal verb `oportet`.
  3. §5.1.60.preum qui subditus est — Acts as the subject accusative of the infinitive `sequi`, which together forms the clausal subject of the main impersonal verb `oportet`. `subditus est` (from `subdere`, "to substitute") refers to the newly appointed successor judge.

Cite this passage

Justinian I, The Digest of Justinian §5.1.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.60.pr

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