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Justinian I · The Digest of Justinian §47.22.1.pr-47.22.1.2

Prohibition of Guilds and Exceptions for the Poor and Religion

Passage 8102 of 9271 · Latin

Summary

The text rules that while social and military associations are generally prohibited, exceptions are made for poorer individuals to hold monthly mutual-aid meetings and for religious gatherings, and it bans membership in multiple lawful associations, detailing the settlement upon withdrawal.

[MARCIANUS libro tertio institutionum. ] §47.22.1.prMandatis principalibus praecipitur praesidibus prouinciarum, ne patiantur esse collegia sodalicia neue milites collegia in castris habeant.
[MARCIANUS in the third book of Institutes.] In the imperial mandates, governors of provinces are instructed not to permit association clubs to exist, and that soldiers should not have associations in camps.
sed permittitur tenuioribus stipem menstruam conferre, dum tamen semel in mense coeant, ne sub praetextu huiusmodi illicitum collegium coeat.
However, poorer people are permitted to contribute a monthly subscription, provided, however, that they meet only once a month, lest an illicit association assemble under a pretext of this kind.
quod non tantum in urbe, sed et in Italia et in prouinciis locum habere diuus quoque Seuerus rescripsit.
The deified Severus also wrote in a rescript that this rule applies not only in the city, but also in Italy and in the provinces.
§47.22.1.1Sed religionis causa coire non prohibentur, dum tamen per hoc non fiat contra senatus consultum, quo illicita collegia arcentur.
But people are not prohibited from assembling for the sake of religion, provided, however, that nothing is done thereby contrary to the decree of the senate by which illicit associations are barred.
§47.22.1.2Non licet autem amplius quam unum collegium licitum habere, ut est constitutum et a diuis fratribus: et si quis in duobus fuerit, rescriptum est eligere eum oportere, in quo magis esse uelit, accepturum ex eo collegio, a quo recedit, id quod ei competit ex ratione, quae communis fuit.
It is not lawful, however, to belong to more than one lawful association, as has also been established by the deified brothers; and if anyone is in two, it has been stated in a rescript that he must choose the one in which he prefers to remain, being about to receive from the association which he leaves that which is due to him from the account that was held in common.

Notes

  1. 47.22.1.prquod — The relative pronoun 'quod' is neuter singular, referring back to the entire preceding rule concerning the exceptions allowed for poorer people. It functions as the subject accusative of the infinitive 'locum habere' inside the indirect statement governed by 'rescripsit'.
  2. 47.22.1.2accepturum — A future active participle in the accusative masculine singular, agreeing with 'eum', the logical subject of the indirect command/statement 'eligere eum oportere' governed by 'rescriptum est'. It expresses a conditional consequence or future expectation of what the person will receive upon withdrawing.
  3. 47.22.1.2ex ratione, quae communis fuit — The noun 'ratio' here refers to an 'account', 'register', or the 'common fund' managed through such bookkeeping. The relative clause 'quae communis fuit' (which was common) indicates that the asset or account was jointly held during the period of dual membership.

Cite this passage

Justinian I, The Digest of Justinian §47.22.1.pr-47.22.1.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.22.1.pr-47.22.1.2

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