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Justinian I · The Digest of Justinian §27.1.23.pr-27.1.23.1

Exemption Regarding Future Magistracy and Soldiers

Passage 3964 of 9271 · Latin

Summary

Ulpian states that a future municipal magistracy does not ground an excuse from tutelage, and that soldiers appointed as tutors by a non-military authority are entitled to an excuse.

[ULPIANUS libro secundo responsorum. ] §27.1.23.prPropter magistratum, quem in municipio quis erat administraturus, tutelae excusationem non habere respondi.
[ULPIANUS, from the second book of Responses.] I answered that a person does not have an excuse from tutelage on account of a magistracy which he was going to administer in a municipality.
§27.1.23.1Si in castris merentes non ab eo tutores dentur, qui in castris merebat, excusationem habere respondi.
I answered that those serving in the camp, if they are appointed as tutors not by one who was serving in the camp, have an excuse.

Notes

  1. §27.1.23.prerat administraturus — An active periphrastic conjugation consisting of the future participle administraturus and the imperfect erat, expressing intention or imminent action ('was going to administer' or 'was to administer').
  2. §27.1.23.1merentes — Used substantively ('those serving in the camp'), functioning as the subject of the verb dentur in the conditional clause, and also as the implied subject (in the accusative) of the infinitive phrase excusationem habere in the apodosis.
  3. §27.1.23.1tutores — A predicative nominative accompanying the passive verb dentur ('are given/appointed'), expressing the capacity or role ('as tutors').

Cite this passage

Justinian I, The Digest of Justinian §27.1.23.pr-27.1.23.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.23.pr-27.1.23.1

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