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Justinian I · The Digest of Justinian §48.19.4.pr

Obligations of the Banished and Escalation of Penalties

Passage 8385 of 9271 · Latin

Summary

Marcianus discusses the obligations of those relegated or deported to an island, the escalation of penalties for non-compliance, and the rule that only the Emperor can grant them furlough or return.

[MARCIANUS libro tertio decimo institutionum. ] §48.19.4.prRelegati siue in insulam deportati debent locis interdictis abstinere.
[MARCIANUS, from the thirteenth book of Institutes] Those who are relegated or deported to an island must keep away from forbidden places.
et hoc iure utimur, ut relegatus interdictis locis non excedat: alioquin in tempus quidem relegato perpetuum exilium, in perpetuum relegato insulae relegationis, in insulam relegato deportationis, in insulam deportato poena capitis adrogatur.
And we follow this rule of law, that a person who is relegated must not depart from the places forbidden to him; otherwise, to one relegated for a time, perpetual exile is added; to one relegated in perpetuity, relegation to an island; to one relegated to an island, deportation; and to one deported to an island, the capital penalty is added.
et haec ita, siue quis non excesserit in exilium intra tempus intra quod debuit, siue etiam alias exilio non obtemperauerit: nam contumacia eius cumulat poenam.
And this is so, whether a person has not departed into exile within the time within which he ought to have done so, or has also in some other way not complied with the exile; for his contumacy increases the punishment.
et nemo potest commeatum remeatumue dare exuli, nisi imperator, ex aliqua causa.
And no one can grant a furlough or return to an exile, except the Emperor, for some cause.

Notes

  1. 48.19.4.prlocis interdictis — Ablative of separation governed by the verb `abstinere` (to keep away from).
  2. 48.19.4.prut... non excedat — An appositive `ut` clause explaining the content of the demonstrative `hoc` (in `hoc iure`). `interdictis locis` is an ablative governed by `excedere`, meaning that the relegated person must not go beyond the forbidden places (or limits) assigned to him.
  3. 48.19.4.prrelegato — Dative of reference/indirect object depending on the verb `adrogatur` at the end of the sentence. It indicates the recipient of the increased penalty (e.g., the person relegated for a term).
  4. 48.19.4.prnon excesserit in exilium — Here `excedere` is used in the sense of "departing" or "setting out" for the place of exile, which differs from its use in the previous sentence ("exceeding" or "departing from" forbidden limits).

Cite this passage

Justinian I, The Digest of Justinian §48.19.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.19.4.pr

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