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Justinian I · The Digest of Justinian §27.1.29.pr-27.1.29.1

Exemption by Permanent Exile and Co-Tutors

Passage 3970 of 9271 · Latin

Summary

This section rules on the excuse of a tutor sentenced to permanent exile, and the easier excuse for an exile's ignorance when they were unable to accuse a co-tutor of misconduct.

[MARCIANUS libro secundo institutionum. ] §27.1.29.prPlane si in exilium datus sit tutor, potest se excusare, si in perpetuum datus est.
[MARCIANUS, from the second book of Institutes.] Clearly, if a tutor has been sentenced to exile, he can be excused, if he has been sentenced permanently.
§27.1.29.1Facilius autem exulis ignorantia, qui contutorem suspectum facere non potuerit, ueniam habebit.
However, the ignorance of an exile, who was unable to report his co-tutor as suspect, will more easily receive excuse.

Notes

  1. ¦27.1.29.pr¦datus est — The omitted subject is the masculine singular 'tutor'. In contrast to the preceding section (28.2) which mentions temporary exile (ad tempus exulare), this specifies that excuse (excusatio) is allowed only when the sentence of exile is permanent (in perpetuum).
  2. ¦27.1.29.1¦qui — The antecedent of the relative pronoun 'qui' is the preceding genitive noun 'exulis'. It refers to the exile who, due to physical separation, was unable to know of the co-tutor's misconduct or take steps to report him.
  3. ¦27.1.29.1¦suspectum facere — A technical legal expression meaning to bring an accusation of suspected misconduct against a tutor (accusatio suspecti tutoris) under Roman law.

Cite this passage

Justinian I, The Digest of Justinian §27.1.29.pr-27.1.29.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.29.pr-27.1.29.1

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