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Justinian I · The Digest of Justinian §48.22.17.pr-48.22.17.2

Rights Retained by Relegated Persons and Duration Compared to Deportation

Passage 8456 of 9271 · Latin

Summary

Pomponius explains that a relegated person (relegatus) retains their legal status, property, paternal power, and the right to public honors, whether the banishment is temporary or permanent, whereas deportation (deportatio) is never temporary.

[POMPONIUS libro. ] §48.22.17.prRelegatus statuis et imaginibus honorari non prohibetur.
[POMPONIUS, from his Book [without title].] A relegated person is not prohibited from being honored with statues and portraits.
§48.22.17.1Relegatus statum suum integrum retinet et bona quae habet et potestatem in liberos, siue ad tempus siue in perpetuum relegatus est.
A relegated person retains his status unimpaired, and the property which he has, and power over his children, whether he has been relegated for a time or in perpetuity.
§48.22.17.2Deportatio autem non fit ad tempus.
Deportation, however, is not made for a time.

Notes

  1. §48.22.17.prstatuis et imaginibus — Ablative of means, modifying the passive infinitive 'honorari'. These refer to public honors dedicated to an individual.
  2. §48.22.17.1siue ad tempus siue in perpetuum — Correlative conjunctions of concession, meaning 'whether for a time or in perpetuity'. This indicates that although relegation (relegatio) can be either temporary or life-long, in both cases the legal status of the person remains unimpaired.
  3. §48.22.17.2non fit ad tempus — 'fit' is the third-person singular present of 'fio' (to become, be made). The phrase means 'is not made for a time' or 'is not temporary'. In contrast to 'relegatio' in the preceding section, 'deportatio' (deportation) always results in a permanent loss of citizenship and property.

Cite this passage

Justinian I, The Digest of Justinian §48.22.17.pr-48.22.17.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.22.17.pr-48.22.17.2

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