Humanitext Reader

Justinian I · The Digest of Justinian §4.6.32.pr

Scope and Applicable Persons of Absence on Public Duty

Passage 795 of 9271 · Latin

Summary

Modestinus defines at what stages from departure to return a person is considered "absent on public business" and lists the administrative and military offices to which this rule applies.

[MODESTINUS libro nono regularum. ] §4.6.32.prAbesse rei publicae causa intellegitur et is, qui ab urbe profectus est, licet nondum prouinciam excesserit: sed et is qui excessit, donec in urbem reuertatur.
[MODESTINUS, in the ninth book of Rules.] A person who has set out from the City is understood to be absent on public business, even if he has not yet departed into a province; and also he who has departed, until he returns to the City.
et hoc ad proconsules legatosque eorum et ad eos, qui prouinciis praesunt, procuratoresue principum, qui in prouinciis tenentur, pertinet, et ad tribunos militum et praefectos et comites legatorum, qui ad aerarium delati aut in commentarium principis delati sunt.
And this applies to proconsuls and their legates, and to those who govern provinces, or the procurators of the emperors who are stationed in the provinces, and to military tribunes, praefects, and companions of legates, who have been reported to the treasury or registered in the journal of the emperor.

Notes

  1. §4.6.32.prAbesse... intellegitur et is — The verb intellegitur forms a personal construction with the demonstrative pronoun is as its subject, with the infinitive abesse acting as its complement, meaning "he is understood to be absent."
  2. §4.6.32.prprouinciam excesserit — Although excedere means "to depart from" or "to go beyond," here it refers to passing beyond the borders of Italy (or outside the jurisdiction of Rome) into the provinces. Therefore, it is interpreted as "departing into a province."
  3. §4.6.32.prqui ad aerarium delati aut in commentarium principis delati sunt — The verb deferre here means to "register" or "report" names to an official record. It refers to those whose names have been officially registered in the treasury (aerarium) or the emperor's journals (commentarium principis) upon appointment to public or military office.

Cite this passage

Justinian I, The Digest of Justinian §4.6.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.32.pr

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