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Justinian I · The Digest of Justinian §27.1.41.pr-27.1.41.3

Exemption of Imperial Agents, Official Staff, and Guilds

Passage 3982 of 9271 · Latin

Summary

This passage outlines the conditions and limitations under which managers of imperial property, specific public officials, companions of those absent on public business, and members of corporations or guilds are exempted from the duty of guardianship and curatorship.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §27.1.41.prAdministrantes rem principum ex indulgentia eorum, licet citra codicillos, a tutela itemque cura tempore administrationis delata excusantur.
[HERMOGENIANUS, from the second book of Epitomes of Law.] Those who administer the property of the emperors by their indulgence, even without letters of appointment, are excused from guardianship and curatorship assigned during the time of their administration.
§27.1.41.1Idemque custoditur in his, qui praefecturam annonae uel uigilum gerunt.
And the same is observed in those who hold the office of prefect of the grain supply or of the night watch.
§27.1.41.2Eorum, qui rei publicae causa absunt, comites, qui sunt intra statutum numerum, de tutela, quae absentibus uel profecturis delata est, excusantur: nam susceptam antea non deponunt.
The companions of those who are absent on public business, who are within the prescribed number, are excused from guardianship which is assigned to them while they themselves are absent or about to depart; for they do not lay down a guardianship already undertaken before then.
§27.1.41.3Qui corporis, item collegii iure excusantur, a collegarum filiorumque eorum tutela non excusantur, exceptis his, quibus hoc specialiter tributum est.
Those who are excused by right of a corporation or of a guild are not excused from the guardianship of their colleagues and of their colleagues' children, except those to whom this has been specially granted.

Notes

  1. 27.1.41.prdelata — The perfect participle `delata` (feminine singular) grammatically agrees with the nearest noun `cura`, but semantically modifies both `tutela` and `cura` (meaning "guardianship and curatorship assigned...").
  2. 27.1.41.2absentibus uel profecturis — The present participle `absentibus` and future participle `profecturis` are in the dative plural, referring to the subject of the clause, `comites` (companions). It specifies that the exemption applies to guardianship assigned to the companions themselves when they are absent or about to depart.
  3. 27.1.41.3collegarum filiorumque eorum — The genitive pronoun `eorum` refers back to `collegarum` (colleagues), meaning "the guardianship of their colleagues [themselves] and of their [the colleagues'] children."

Cite this passage

Justinian I, The Digest of Justinian §27.1.41.pr-27.1.41.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.41.pr-27.1.41.3

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