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The Digest of Justinian

§4.6.32.pr

Scope and Applicable Persons of Absence on Public Duty

Modestinus defines at what stages from departure to return a person is considered "absent on public business" and lists the administrative and military offices to which this rule applies.

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[MODESTINUS libro nono regularum.]

[MODESTINUS, in the ninth book of Rules.]

§4.6.32.pr

​Abesse rei publicae causa intellegitur et is,1 qui ab urbe profectus est, licet nondum prouinciam excesserit:2 sed et is qui excessit, donec in urbem reuertatur. et hoc ad proconsules legatosque eorum et ad eos, qui prouinciis praesunt, procuratoresue principum, qui in prouinciis tenentur, pertinet, et ad tribunos militum et praefectos et comites legatorum, qui ad aerarium delati aut in commentarium principis delati sunt.3

​A person who has set out from the City is understood to be absent on public business, even if he has not yet departed into a province; and also he who has departed, until he returns to the City. And this applies to proconsuls and their legates, and to those who govern provinces, or the procurators of the emperors who are stationed in the provinces, and to military tribunes, praefects, and companions of legates, who have been reported to the treasury or registered in the journal of the emperor.

Syntax notes3 items
  1. 4.6.32.prAbesse... intellegitur et is

    The verb intellegitur forms a personal construction with the demonstrative pronoun is as its subject, with the infinitive abesse acting as its complement, meaning "he is understood to be absent."

  2. 4.6.32.prprouinciam excesserit

    Although excedere means "to depart from" or "to go beyond," here it refers to passing beyond the borders of Italy (or outside the jurisdiction of Rome) into the provinces. Therefore, it is interpreted as "departing into a province."

  3. 4.6.32.prqui ad aerarium delati aut in commentarium principis delati sunt

    The verb deferre here means to "register" or "report" names to an official record. It refers to those whose names have been officially registered in the treasury (aerarium) or the emperor's journals (commentarium principis) upon appointment to public or military office.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.32.pr