- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.35.pr-4.6.35.9
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-09
This text discusses specific instances of individuals deemed absent on public business, such as military recruiters, envoys, procurators, the prefect of Egypt, and urban soldiers, along with the criteria for determining the exact timing of their absence.
[PAULUS libro tertio ad legem Iuliam et Papiam.]
[PAULUS, On the Julian and Papian Law, Book III]
Qui mittuntur, ut milites ducerent aut reducerent aut legendi curarent,1 rei publicae causa absunt.
Those who are sent to lead or bring back soldiers, or to take care of recruiting them, are absent on public business.
Hi quoque, qui missi sunt ad gratulandum principi.
This also applies to those who have been sent to congratulate the Emperor.
Item procurator Caesaris, non solum cui rerum prouinciae cuiusque procuratio mandata erit, sed et is, cui rerum quamuis non omnium. itaque plures ibi procuratores diuersarum rerum rei publicae causa abesse intelleguntur.
Likewise, the procurator of Caesar, not only the one to whom the administration of the affairs of any province has been entrusted, but also one to whom the administration of certain affairs, though not of all, has been entrusted. Therefore, several procurators of different affairs in that place are understood to be absent on public business.
Praefectus quoque Aegypti rei publicae causa abest, quiue aliam ob causam rei publicae gratia extra urbem aberit.
The Prefect of Egypt is also absent on public business, as is anyone else who, for any other reason, is absent from the city for the sake of the state.
Sed et in urbanicianis militibus idem diuus Pius constituit.
Furthermore, the divine Pius decreed the same in the case of the urban soldiers.
Quaesitum est de eo, qui ad compescendos malos homines missus est, an rei publicae causa abesset: et placuit rei publicae causa eum abesse.
The question was raised regarding one who was sent to suppress evil-doers, whether he was absent on public business; and it was held that he was absent on public business.
Item paganum,2 qui in expeditione consularis iussu transierat ibique in acie ceciderat: heredi enim eius succurrendum est.
Likewise, a civilian who, by order of a consular governor, had joined an expedition and had fallen there in battle; for his heir ought to be relieved.
Qui rei publicae causa Romam profectus est, abesse rei publicae causa uidetur. sed et si extra patriam suam rei publicae causa profectus sit, etiam, si per urbem ei iter competit, rei publicae causa abest.
Anyone who has set out for Rome on public business is deemed to be absent on public business. But even if he has set out on public business outside his own native place, he is absent on public business even if his route takes him through the City.
Similiter qui in prouincia est, ut primum aut domo sua profectus est aut, cum in eadem prouincia degit rei publicae administrandae causa, simul agere rem publicam coepit, ad similitudinem absentis habetur.
Likewise, one who is in a province is treated as an absent person as soon as he has set out from his home, or, when he resides in the same province for the purpose of administering public affairs, as soon as he begins to conduct public business.
Et dum eat in castra et redeat, rei publicae causa abest, quod et eundum sit in castra militaturo3 et redeundum. Uiuianus scribit Proculum respondisse militem, qui commeatu absit, dum domum uadit aut redit, rei publicae causa abesse, dum domi sit, non abesse.
And while he is going to the camp and returning, he is absent on public business, because one who is to serve as a soldier must both go to the camp and return from it. Vivianus writes that Proculus answered that a soldier who is absent on furlough is absent on public business while he is going home or returning, but while he is at home he is not absent.
- 4.6.35.prlegendi curarent
legendi is the genitive of the gerund, functioning as the object of curarent ("to take care of"), meaning "to take care of recruiting [soldiers]". Alternatively, it is a gerundive agreeing with the implied object.
- 4.6.35.6paganum
The accusative paganum depends on an ellipsis of the construction from the preceding section (§4.6.35.5), implying item [placuit] paganum [rei publicae causa abesse] ("likewise [it was held that] a civilian [is absent on public business]"). paganus here denotes a civilian as opposed to a regular soldier.
- 4.6.35.9militaturo
Dative singular masculine of the future active participle of milito ("to serve as a soldier"), functioning as the dative of agent or reference with the impersonal passive periphrastic eundum... sit ("one must go").