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Justinian I · The Digest of Justinian §50.1.22.pr-50.1.22.7

Domicile of Special Classes and Tax on Moneylenders

Passage 8665 of 9271 · Latin

Summary

This chunk regulates the determination of domicile and origin for freedmen, widows, relegated persons, and senators, and defines the tax liabilities of money lenders.

[IDEM libro primo sententiarum. ] §50.1.22.prFilii libertorum, libertarumque liberti, paterni et patroni manumissoris domicilium aut originem sequuntur.
[BY THE SAME AUTHOR, Opinions, Book I] The sons of freedmen, and the freedmen of freedwomen, follow the domicile or origin of their father's patron and of the patron who manumitted them, respectively.
§50.1.22.1Vidua mulier amissi mariti domicilium retinet exemplo clarissimae personae per maritum factae: sed utrumque aliis interuenientibus nuptiis permutatur.
A widowed woman retains the domicile of her deceased husband, after the example of a person who has become of illustrious rank through her husband; but both are changed if another marriage intervenes.
§50.1.22.2Municipes sunt liberti et in eo loco, ubi ipsi domicilium sua uoluntate tulerunt, nec aliquod ex hoc origini patroni faciunt praeiudicium et utrubique muneribus adstringuntur.
Freedmen are also citizens in that place where they have established their domicile of their own free will, and they do not by this cause any prejudice to the origin of their patron, and they are bound to public duties in both places.
§50.1.22.3Relegatus in eo loco, in quem relegatus est, interim necessarium domicilium habet.
A person who has been relegated has in the meantime a necessary domicile in that place to which he was relegated.
§50.1.22.4Senator ordine motus ad originalem patriam, nisi hoc specialiter impetrauerit, non restituitur.
A senator removed from his order is not restored to his original country, unless he has specially obtained this.
§50.1.22.5Senatores et eorum filii filiaeque quoquo tempore nati nataeue, itemque nepotes, pronepotes et proneptes ex filio origini eximuntur, licet municipalem retineant dignitatem.
Senators and their sons and daughters, at whatever time they were born, and likewise grandsons, great-grandsons, and great-granddaughters through a son, are exempted from their origin, although they retain their municipal dignity.
§50.1.22.6Senatores, qui liberum commeatum, id est ubi uelint morandi arbitrium impetrauerunt, domicilium in urbe retinent.
Senators who have obtained free leave, that is, the right of staying wherever they wish, retain their domicile in the City.
§50.1.22.7Qui faenus exercent, omnibus patrimonii intributionibus fungi debent, etsi possessionem non habeant.
Those who practice money lending must pay all contributions on their patrimony, even if they do not hold any land.

Notes

  1. 50.1.22.prpaterni — The adjective paterni should be understood with the noun patroni supplied. It denotes the relationship corresponding to the preceding filii libertorum (their father's patron), whereas patroni manumissoris corresponds to libertarum liberti (the patron who actually manumitted them).
  2. 50.1.22.1utrumque — The neuter singular pronoun utrumque refers back to both the "domicile" (domicilium) and the "illustrious rank" (clarissimae personae [dignitas]) mentioned in the previous sentence, both of which are changed upon a new marriage.
  3. 50.1.22.2municipes — In the structure Municipes sunt liberti et in eo loco, the conjunction et functions adverbially (meaning "also" or "even"), indicating that freedmen are citizens not only in their patron's origin but also in the place where they voluntarily established their domicile.
  4. 50.1.22.5ex filio — The prepositional phrase ex filio (through a son) limits the lineage. Grandchildren through a daughter are excluded from this privilege, and only those descended through the male line (sons) are exempted from the burdens of their origin.
  5. 50.1.22.7possessionem — The term possessionem here refers to "real property" (specifically land or landed estates) rather than mere physical possession. Thus, even if money lenders do not own or possess real estate, they are still liable to pay taxes and contributions based on their entire patrimony.

Cite this passage

Justinian I, The Digest of Justinian §50.1.22.pr-50.1.22.7. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.22.pr-50.1.22.7

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