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Justinian I · The Digest of Justinian §48.24.2.pr

Imperial Permission for Moving and Burying Exiles

Passage 8463 of 9271 · Latin

Summary

Since the penalty for those deported or relegated to an island persists even after death, their bodies cannot be transferred elsewhere for burial without the emperor's permission.

[MARCIANUS libro secundo publicorum. ] §48.24.2.prSi quis in insulam deportatus uel relegatus fuerit, poena etiam post mortem manet, nec licet eum inde transferre aliubi et sepelire inconsulto principe: ut saepissime Seuerus et Antoninus rescripserunt et multis petentibus hoc ipsum indulserunt.
[MARCIANUS, from his Second Book on Public Prosecutions.] If anyone has been deported or relegated to an island, the penalty remains even after death, nor is it permitted to transfer him from there to another place and bury him without consulting the emperor; as Severus and Antoninus very frequently stated in rescripts, and granted this very thing to many who petitioned for it.

Notes

  1. §48.24.2.princonsulto principe — An ablative absolute construction consisting of the noun `principe` (ablative singular of `princeps`, 'emperor') and the adjective `inconsulto` ('unconsulted'). It functions as a negative condition or circumstance, meaning 'without consulting the emperor' or 'without the emperor's consent'.
  2. §48.24.2.prdeportatus uel relegatus fuerit — A passive verb form consisting of the past participles `deportatus` and `relegatus` sharing the auxiliary `fuerit` (third-person singular future perfect or perfect subjunctive of `esse`, here functioning as future perfect). These terms refer to two distinct forms of exile in Roman law: `deportatio` (deportation involving loss of citizenship and property) and `relegatio` (relegation preserving citizenship).

Cite this passage

Justinian I, The Digest of Justinian §48.24.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.24.2.pr

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