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Justinian I · The Digest of Justinian §50.9.1.pr

Appointment of Physicians by Municipal Councils

Passage 8768 of 9271 · Latin

Summary

The authority to appoint a set number of physicians is entrusted to the local council and landowners of each city rather than the provincial governor, allowing them to choose qualified and moral doctors for their families.

[ULPIANUS libro tertio opinionum. ] §50.9.1.prMedicorum intra numerum praefinitum constituendorum arbitrium non praesidi prouinciae commissum est, sed ordini et possessoribus cuiusque ciuitatis, ut certi de probitate morum et peritia artis eligant ipsi, quibus se liberosque suos in aegritudine corporum committant.
[ULPIANUS in the third book of Opinions.] The decision to appoint physicians within the predefined number is not committed to the governor of the province, but to the council and the landowners of each city, so that, being assured of their moral rectitude and skill in the art, they themselves may choose those to whom they may commit themselves and their children in bodily sickness.

Notes

  1. 50.9.1.prMedicorum intra numerum praefinitum constituendorum — The noun medicorum and the gerundive constituendorum agree in gender, number, and case, forming a gerundive construction in the genitive that modifies the noun arbitrium. It is translated as 'the decision to appoint physicians'.
  2. 50.9.1.prcerti — Nominative masculine plural of the adjective certus. It functions as a predicative modifier of the subject of the purpose clause ut... eligant, referring back to the datives ordini (treated as collective or referring to the decuriones) and possessoribus in the main clause. It takes the preposition de with the ablative to mean 'assured of'.
  3. 50.9.1.prquibus... committant — A relative clause introduced by the relative pronoun quibus (dative) with the present subjunctive committant. The antecedent (such as eos) is omitted, making the entire clause the direct object of eligant. The subjunctive indicates suitability or purpose ('those to whom they may/should commit').

Cite this passage

Justinian I, The Digest of Justinian §50.9.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.9.1.pr

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