Humanitext Reader

Justinian I · The Digest of Justinian §27.1.30.pr-27.1.30.3

Privileges of Imperial Counselors and Counting Curatorships

Passage 3971 of 9271 · Latin

Summary

This section details the exemption from guardianship for legal experts admitted to the imperial council, the counting of curatorships for a single person's estate in different locations, and other exemptions concerning family and freedmen.

[PAPINIANUS libro quinto responsorum. ] §27.1.30.prIuris peritos, qui tutelam gerere coeperunt, in consilium principum adsumptos optimi maximique principes nostri constituerunt excusandos, quoniam circa latus eorum agerent et honor delatus finem certi temporis ac loci non haberet.
[PAPINIANUS, from the fifth book of Responses.] Our best and greatest emperors have decided that legal experts who have already begun to administer a guardianship, if they have been admitted into the imperial council, must be excused, since they perform their duties at the emperors' side, and the honor bestowed upon them has no limit of fixed time and place.
§27.1.30.1Cum oriundus ex prouincia Romae domicilium haberet, eiusdem curator decreto praesidis ac praetoris constitutus rerum administrationem utrubique suscepit.
When a person originating from a province had his domicile in Rome, a curator for the same person, appointed by the decree of both the governor and the praetor, undertook the administration of his property in both places.
placuit eum duas curationes administrare non uideri, quod uidelicet unius duo patrimonia non uiderentur.
It was held that he was not deemed to administer two curatorships, because, obviously, two estates of one person were not deemed (to be two curatorships).
§27.1.30.2Qui priuilegio subnixus est, fratris curationem suscipere non cogitur.
He who is supported by a privilege is not compelled to undertake the curatorship of a brother.
§27.1.30.3Patronus impuberi liberto quosdam ex libertis tutores aut curatores testamento dedit.
A patron, by his will, appointed certain of his freedmen as tutors or curators to his underage freedman.
quamuis eos idoneos esse constet, nihilo minus iure publico poterunt excusari, ne decreto confirmentur.
Although it is clear that they are suitable, they can nevertheless be excused under public law, so that they may not be confirmed by decree.

Notes

  1. 27.1.30.prconstituerunt excusandos — The gerundive `excusandos` functions as the predicate in an accusative-and-infinitive construction with `esse` omitted, dependent on the main verb `constituerunt`. Its subject is `Iuris peritos`, which is modified by the relative clause and the perfect passive participle `adsumptos`. This states an exception where legal experts, even if they have already begun administering a guardianship, can be excused upon being admitted to the imperial council.
  2. 27.1.30.1eiusdem — The genitive `eiusdem` refers back to the subject of the preceding `cum`-clause, `oriundus ex prouincia` (the ward of provincial origin). It means "the curator of the same person." This curator was appointed by the decree of the provincial governor (`praeses`) for the provincial property and by the praetor (`praetor`) for the property in Rome.
  3. 27.1.30.3ne decreto confirmentur — The `ne` clause with the present subjunctive passive `confirmentur` functions as a clause of purpose or design depending on `poterunt excusari`, meaning "lest they be confirmed by decree" or "to prevent their confirmation by decree." Although a patron's testamentary appointment of tutors requires confirmation (`confirmatio`) by a magistrate's decree (`decretum`), the designated persons can assert an excuse under public law to prevent this confirmation.

Cite this passage

Justinian I, The Digest of Justinian §27.1.30.pr-27.1.30.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.30.pr-27.1.30.3

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.