Commentaries on the Last Two Titles of the Digest

...for a testament, Law 18, paragraph 1, Digest, Who may make a testament.

2. ULPIANUS.

Women are removed from all civil or public offices. And therefore they cannot be judges, nor hold a magistracy, nor postulate, nor intervene for another, nor exist as procurators.
Paragraph 1. Likewise, an impubes underage person ought to abstain from all civil offices.

Women are prevented from all political and public offices. And because of this, they do not judge, they do not rule, they do not intercede for others, they do not become curators.

1. Civil and Public Offices are taken here synonymously having the same meaning, Law, final, paragraph "these all," 28, Digest, On municipal and honorary offices; Law 1, paragraph 1, Digest, To the SC. Velleianum; Law "indeed," 78, Digest, On judgments, joined with Law 12, paragraph 2, Digest, in the same place; and here note P. Fab. in number 9, P. Matth. in number 5, after Ferrar. in this place.

2. Women are hindered by customs from being judges, the said Law 12, paragraph 2. By the customs, namely, of the Roman People. For by Feudal or Lombardic customs, women can be judges, arguing from chapter 1, paragraph 1, verse "woman," by whom the investment is made, joined with chapter 1, paragraph 2, at the end, On forbidden feudal alienation by Frederick, chapter 1, among whom or among which the feudal controversy is defined. The Lord of the Fief is a competent judge among the peers of the Court, or convasallos fellow-vassals, the said title, On forbidden feudal alienation. Women, however, also rightly constitute fiefs, the said title, by whom the investment is made. Confer chapter "beloved" 4, outside of, On arbitrators.

3. Women cannot hold a magistracy, in this law, Law 3, paragraph 3, Digest, On municipal and honorary offices. Plato, Book 5, On the Republic. Now, a magistracy is a public person, who presides over Jurisdition; or, one to whom publicly judgment and the declaration of law has been given.