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BOOK TWO THE ADMINISTRATION O F JUSTICE 1 ULPIAN, Rules, book 1: The powers of one who administers justice are of the widest. For he can grant bonorum possessio, order missio in possessionem, appoint tutors for a pupillus who lacks them and judges for litigants. 2 JAVOLENUS, From Cassius, book 6: One who administers justice is granted all those powers without which justice cannot be administered. 3 ULPIAN,Duties of Quaestor, book 2: Zmperium is simple or mixed. To have simple iwzperium is to have the power of the sword to punish the wicked and this is also called potestas. Zmperium is mixed where it also carries jurisdiction to grant bonomm possessio . Such jurisdiction includes also the power to appoint a judge. 4 ULPIAN,Edict, book 1: To order security to be given by means of a praetorian stipulation and missio in possessionern are matters pertaining more to irnperium than the administration of justice. 5 JULIAN, Digest, book 1: It has been provided by ancestral custom that a person may delegate the administration of justice to another only where he has it in his own right and not by the favor of another, 6 PAUL,Edict, book 2: because the administration of justice is not primarily entrusted to him and the statute itself does not grant but confirms a delegated administration of justice. Hence, if the person who has delegated the administration of justice dies before the person to whom it has been delegated has begun to exercise it, Labeo says the delegation is dissolved just as in other matters. 7 ULPIAN, Edict, book 3: If anyone should maliciously obliterate from a tablet, paper, or other material what has been stated with respect to jurisdiction to be exercised permanently, not that to be held only for a single occasion, an action, which anyone may bring, is given against him for five hundred aurei. 1. Slaves and sons-in-power are also included in the words of the edict. Moreover, the praetor includes both sexes. 2. But should anyone obliterate the notice while it is being put up or before it has been put up, the words of the edict will not strictly apply. However, Pomponius says that the principle of the edict should be extended to these cases. 3. Torture is to be applied to slaves not defended by their masters and to those who are destitute . 4. Mention of malice is made in the words of the edict, and so a person is not liable where he acted through ignorance or lack of education or on the orders of the praetor himself or by accident. 5. Indeed, one who removes the notice is liable under this edict even though he does not obliterate; also liable are both one who acts himself and one who delegates to another. But if one did the deed without malice while the other instigated him with malice, the latter will be liable. If both acted with malice, BOOK TWO/ADMINISTRATION OF JUSTICE 41 both will be liable. For if several have joined in the act either by obliterating themselves or by delegating to others, they will all be liable. 8 GAIUS,Provincial Edict, book 1: Indeed, to this extent that it is not sufficient for one of them to pay the penalty. 9 PAUL,Edict, book 3: If someone's household slaves should obliterate the tablet, the rule of the edict is different from that obtaining in the case of theft, where an action is not given in respect of the others provided that the master, when he was willing to defend, paid in the name of one of them as much as a free man would pay. Perhaps the reason for the difference is that in this case the affront to the praetor's dignity is avenged and that several distinct acts are understood to have been committed. The position is the same where several slaves have insulted someone or caused damage because several acts are understood to have been committed, not just one act as in the case of theft. Octavenus also says that the master is to be afforded relief in this case. This is true if the slaves maliciously contrived that someone else should obliterate the tablet, because then there is one plan, not several deeds. Pomponius notes the same in his tenth book. 10 ULPIAN.Edict, book 3: One who administers justice should not do so in cases involving himself or his wife or his children or his freedmen...

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