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Justinian I · The Digest of Justinian §48.19.22.pr

Conditions for Release of Mine Laborers Due to Illness or Age

Passage 8403 of 9271 · Latin

Summary

Modestinus outlines the regulation allowing the governor, based on an imperial rescript, to release those condemned to the mines who are unable to work due to illness or old age, provided they have relatives and have served at least ten years.

[MODESTINUS libro primo differentiarum. ] §48.19.22.prIn metallum damnati si ualetudine aut aetatis infirmitate inutiles operi faciundo deprehendantur, ex rescripto diui Pii a praeside dimitti poterunt, qui aestimabit de his dimittendis, si modo uel cognatos uel adfines habeant et non minus decem annis poenae suae functi fuerint.
[MODESTINUS, from the first book of Differences.] Those condemned to the mines, if they are found to be useless for performing the work due to ill health or the infirmity of age, can be released by the governor in accordance with a rescript of the Divine Pius; the governor shall assess their release, provided that they have either blood relations or relatives by marriage and have served not less than ten years of their punishment.

Notes

  1. §48.19.22.properi faciundo — A dative phrase with a gerundive modifying the adjective `inutiles` (useless), meaning "unusable for performing the work."
  2. §48.19.22.prpoenae suae — The object of the verb `functi fuerint` (perfect subjunctive of `fungor`, "to perform, serve"). While `fungor` typically governs the ablative case in classical Latin, here it is used with the genitive (or dative) `poenae suae`.
  3. §48.19.22.prdecem annis — An ablative of comparison accompanying the comparative `minus`, meaning "not less than ten years." Alternatively, it can be understood as an ablative of duration of time.

Cite this passage

Justinian I, The Digest of Justinian §48.19.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.19.22.pr

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