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Justinian I · The Digest of Justinian §34.1.11.pr

Maintenance Legacies and Restoration by Imperial Pardon

Passage 5147 of 9271 · Latin

Summary

This section discusses the right of a legacy recipient of annual maintenance to claim support for the years before his condemnation to the mines and after his restoration by imperial pardon.

[PAULUS libro decimo quaestionum. ] §34.1.11.prIs, cui annua alimenta relicta fuerant, in metallum damnatus indulgentia principis restitutus est.
[PAULUS in the tenth book of Questions.] A man, to whom annual maintenance had been left, was condemned to the mines and then restored by the indulgence of the emperor.
respondi eum et praecedentium annorum recte cepisse alimenta et sequentium deberi ei.
I replied that he had rightly received the maintenance of the preceding years, and that the maintenance of the following years was owed to him.

Notes

  1. §34.1.11.prin metallum damnatus — Meaning 'condemned to the mines.' In Roman law, condemnation to forced labor in the mines (damnatio in metallum) resulted in the loss of citizenship and reduction to the status of a 'slave of punishment' (servus poenae), which creates the legal issue regarding the interruption of the right to claim maintenance.
  2. §34.1.11.prpraecedentium... sequentium — Genitives modifying or implying 'annorum'. 'Praecedentium annorum' refers to the years before the condemnation to the mines, while 'sequentium [annorum]' refers to the years after his restoration by imperial indulgence (restitutus). It is assumed that during the period of punishment, when he was a slave of punishment, no maintenance was due.
  3. §34.1.11.prdeberi — Part of the indirect discourse (accusative and infinitive) introduced by 'respondi'. The subject is 'alimenta', understood from the previous clause. The structure is coordinated by 'et... et...', pairing 'et [eum] cepisse alimenta' and 'et [alimenta] deberi ei'.

Cite this passage

Justinian I, The Digest of Justinian §34.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.1.11.pr

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