《学说汇纂》英文版第3卷.doc

VI. THE ENACTMENTS OF JUSTINIAN. THE DIGEST OR PANDECTS. (Continued) BOOK III. TITLE I. CONCERNING THE RIGHT OF APPLICATION TO THE COURT. 1. Ulpianus, On the Edict, Book VI. The pr?tor has proposed this Title for the purpose of preserving order, and maintaining his dignity; and to prevent applications from being made to him casually and indiscriminately. (1) With this end in view, he established three classes of persons, namely: those whom he forbade to apply to him and all others whom he permitted only to apply in their own behalf; and still others, whom he permitted to apply both for certain persons and for themselves. (2) To apply to the court is to state ones own wish, or that of ones friend before a magistrate who has jurisdiction, or to oppose the wish of another.1 (3) The pr?tor begins with those who are absolutely forbidden to make an application to him, and in this portion of the Edict he has reference to those whom he excused by reason of youth, or on account of some accident. He forbids the party to apply to him on the ground of youth, when he is under seventeen years of age, for the reason that he considered this age to be too young to appear in public; although it is stated that Nerva, the son, gave opinions publicly on questions of law at that age, or a little later. The pr?tor forbids a party to appear before him on account of accident, for instance where he is deaf and cannot hear at all; for no one ought to be allowed to make an application to court who is unable to hear the decree of the pr?tor, as this would be a source of danger to him, since if he did not hear the decree, he could be punished, as being contumacious, if he did not obey. (4) The pr?tor states: If the parties have no advocate I will give them one. Not only is the pr?tor accustomed to show this favor to such persons, but also he will do so where anyone is not able to obtain an advocate for certain reasons; as for instance, because of the intrigues of his adversaries, or through fea