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The Digest of Justinian

§4.6.33.pr-4.6.33.2

Absence on Public Business for Advocates, Doctors, and Scribes

It is explained that while advocates of the treasury and military physicians are eligible for relief under the general clause or restitution, those who record the governors' acts in shorthand are not considered absent on public business.

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[IDEM libro singulari de enucleatis casibus.]

[THE SAME, in the single book on Solved Cases.]

§4.6.33.pr

​Inter eos, qui ex generali clausula adiuuantur, et fisci patronus connumeratur.

​Among those who are assisted by the general clause, the advocate of the treasury is also included.

§4.6.33.1

​Eos, qui notis scribunt acta praesidum, rei publicae causa non abesse certum est.1

​It is certain that those who write down the acts of governors in shorthand are not absent on public business.

§4.6.33.2

​Militum medici, quoniam officium quod gerunt et publice prodest et fraudem2 eis adferre non debet, restitutionis auxilium3 implorare possunt.

​Military physicians, since the duty which they perform is both of public utility and ought not to bring prejudice to them, can implore the aid of restitution.

Syntax notes3 items
  1. 4.6.33.1Eos, qui notis scribunt acta praesidum, rei publicae causa non abesse certum est

    The accusative and infinitive (AcI) clause Eos... non abesse serves as the subject of the impersonal expression certum est ("it is certain"). The antecedent Eos is modified by the relative clause qui notis.... Here, notis (ablative plural of nota) represents the means ("by shorthand/notations").

  2. 4.6.33.2fraudem

    Here, fraus (accusative fraudem) does not have its general meaning of "fraud" or "deceit," but is used in the sense of "(legal or financial) disadvantage, loss, or prejudice," which is common in classical legal texts.

  3. 4.6.33.2restitutionis auxilium

    restitutionis is a genitive of definition (or appositional genitive) modifying auxilium ("aid"), referring to the legal remedy of "restitution to the original state" (restitutio in integrum) under Roman law.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.33.pr-4.6.33.2