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Justinian I · The Digest of Justinian §50.16.57.pr-50.16.57.1

Definition of Magister and the Meaning of Prosecuting

Passage 8871 of 9271 · Latin

Summary

Paulus discusses the definition and derivation of the term 'magistri' (masters) in relation to responsibility, public magistrates, and teachers, and clarifies that 'to prosecute' includes receiving sufficient security.

[PAULUS libro quinquagensimo nono ad edictum. ] §50.16.57.prCui praecipua cura rerum incumbit et qui magis quam ceteri diligentiam et sollicitudinem rebus quibus praesunt debent, hi 'magistri' appellantur.
[PAULUS on the Edict, book 59.] Those upon whom the chief care of things is incumbent, and who owe greater diligence and attentiveness to the things over which they are in charge than others do, are called 'magistri'.
quin etiam ipsi magistratus per deriuationem a magistris cognominantur.
Nay, even the magistrates themselves are so named by derivation from 'magistri'.
unde etiam cuiuslibet disciplinae praeceptores magistros appellari a monendo uel monstrando. '
Whence also the teachers of any discipline are said to be called 'magistri' from warning or showing.
§50.16.57.1Persequi' uidetur et qui satis accepit.
A person is also deemed to 'prosecute' who has received sufficient security.

Notes

  1. §50.16.57.prCui ... hi — The relative clause beginning with the singular 'cui' and the clause beginning with the plural 'qui' are coordinated and referred to by the plural demonstrative 'hi' in the main clause. This is an instance of synesis (construction according to sense).
  2. §50.16.57.prappellari — An accusative and infinitive construction with 'praeceptores' as the subject. Introduced by 'unde' (whence), it implies the omission of a governing verb of saying or reporting (such as 'dicitur' or 'traditur'), or is understood as part of an ongoing indirect discourse.
  3. §50.16.57.1satis accepit — A technical legal expression where 'satis accipere' means 'to receive sufficient security or guarantee (satisdatio)'. It refers to the legal situation where a creditor, by securing an adequate personal or real guarantee, is deemed to have successfully pursued or prosecuted (persequi) their claim.

Cite this passage

Justinian I, The Digest of Justinian §50.16.57.pr-50.16.57.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.57.pr-50.16.57.1

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