[IDEM libro decimo de officio proconsulis. ] §48.22.7.prRelegatorum duo genera sunt: quidam, qui in insulam relegantur, sunt, qui simpliciter, ut prouinciis eis interdicatur, non etiam insula adsignetur.
[THE SAME, On the Office of Proconsul, Book X.] There are two kinds of relegated persons: some are those who are relegated to an island, and some are those who are relegated simply, so that they are interdicted from provinces, without an island also being assigned to them.
§48.22.7.1In insulam relegare praesides prouinciae possunt, sic tamen, ut, si quidem insulam sub se habeant (id est ad eius prouinciae formam pertinentem, quam administrant), et eam specialiter insulam adsignare possint inque eam relegare, sin uero non habeant, pronuntient quidem in insulam se relegare, scribant autem imperatori, ut ipse insulam adsignet.
Governors of provinces can relegate to an island, provided, however, that if they have an island under their authority (that is, one belonging to the territory of the province which they govern), they can assign that specific island and relegate them to it; but if they do not have one, they should indeed pronounce that they relegate them to an island, but should write to the emperor so that he himself may assign an island.
ceterum non possunt damnare in eam insulam, quam in ea prouincia cui praesunt non habeant.
For the rest, they cannot sentence someone to an island which they do not have in the province over which they preside.
interim quoad imperator insulam adsignet, militi tradendus est relegatus.
In the meantime, until the emperor assigns an island, the relegated person must be handed over to a soldier.
H §48.22.7.2aec est differentia inter deportatos et relegatos, quod in insulam relegari et ad tempus et in perpetuum quis potest.
This is the difference between deported and relegated persons: that anyone can be relegated to an island either for a time or in perpetuity.
§48.22.7.3Siue ad tempus siue in perpetuum quis fuerit relegatus, et ciuitatem Romanam retinet et testamenti factionem non amittit.
Whether anyone has been relegated for a time or in perpetuity, he both retains Roman citizenship and does not lose the capacity to make a will.
§48.22.7.4Ad tempus relegatis neque tota bona neque partem adimi debere rescriptis quibusdam manifestatur, reprehensaeque sunt sententiae eorum, qui ad tempus relegatis ademerunt partem bonorum uel bona, sic tamen, ut non infirmarentur sententiae quae ita sunt prolatae.
It is made clear by certain rescripts that neither all goods nor a part of them ought to be taken away from those relegated for a time, and the judgments of those who took away a part of the goods or all goods from those relegated for a time have been censured, provided, however, that the judgments thus delivered should not be invalidated.
§48.22.7.5Est quoddam genus quasi in insulam relegationis in prouincia Aegypto in Oasin relegare.
To relegate to an Oasis in the province of Egypt is a certain kind of quasi-relegation to an island.
§48.22.7.6Sicut autem relegare in insulam quisquam, quae non est sub se, non potest, ita ne in prouinciam quidem relegandi ius habet, quae non est sub se: forte praeses Syriae in Macedoniam non relegabit.
Just as no one can relegate to an island which is not under his authority, so he does not even have the right of relegating to a province which is not under his authority; for example, the governor of Syria will not relegate to Macedonia.
§48.22.7.7Sed extra prouinciam suam potest relegare.
But he can relegate outside his own province.
§48.22.7.8Item in parte certa prouinciae moraturum relegare potest, ut forte non excedat ciuitatem aliquam uel regionem aliquam non egrediatur.
Likewise, he can relegate someone to reside in a certain part of the province, so that, for example, he does not go beyond a certain city or does not leave a certain region.
§48.22.7.9Sed et in eas partes prouinciae, quae sunt desertiores, scio praesides solitos relegare.
But I also know that governors have been accustomed to relegate to those parts of the province which are more deserted.
§48.22.7.10Interdicere autem quis ea prouincia potest quam regit, alia non potest: et ita diui fratres rescripserunt.
However, a governor can interdict someone from the province which he governs, but cannot from another; and so the deified brothers replied by rescript.
unde eueniebat, ut, qui relegatus esset ab ea prouincia, in qua domilium habuit, morari apud originem suam posset.
Whence it happened that he who had been relegated from the province in which he had his domicile could reside at his place of origin.
sed imperator noster cum diuo patre suo huic rei prouiderunt.
But our emperor with his deified father provided for this matter.
Maecio enim Probo praesidi prouinciae Hispaniae rescripserunt etiam ea prouincia interdici, unde quis oriundus est, ab eo qui regit eam prouinciam, ubi quis domicilium habet.
For they replied by rescript to Maecius Probus, governor of the province of Hispania, that the province from which someone originates is also interdicted by the one who governs the province where he has his domicile.
sed et eos, qui, cum incolae non essent, in ea prouincia quid admiserint, aequum est ad rescripti auctoritatem pertinere.
But it is also equitable that those who, although they were not inhabitants, committed some offense in that province, should come under the authority of the rescript.
§48.22.7.11Dubitatum est, an interdicere quis alicui possit prouincia, in qua oriundus est, cum ipse ei prouinciae praesit, quam incolit, dum sua non iuterdicit, ut solent Italia interdicere, qui patria non interdicunt: uel an per consequentias uideatur etiam prouinciae interdixisse, cui praeest.
It was doubted whether anyone could interdict someone from the province in which he originates, when he himself presides over the province which the person inhabits, while not interdicting him from his own province, just as those who do not interdict someone from their native city are accustomed to interdict him from Italy; or whether by consequence he should also be deemed to have interdicted him from the province over which he presides.
quod magis erit probandum.
The latter opinion is the one to be approved.