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Justinian I · The Digest of Justinian §50.1.24.pr

Exemption from Interest on Public Deficit Payments

Passage 8667 of 9271 · Latin

Summary

Scaevola records that imperial constitutions, including a rescript of Antoninus and Verus, rule that interest on money paid to cover a public deficit should not be exacted from the debtor, their guarantor, or the magistrates.

[SCAEUOLA libro secundo digestorum. ] §50.1.24.prConstitutionibus principum continetur, ut pecuniae, quae ex detrimento soluitur, usurae non praestentur: et ita imperatores Antoninus et Uerus Augusti rescripserunt his uerbis: Humanum est reliquorum usuras neque ab ipso, qui ex administratione honoris reliquatus est, neque a fideiussore eius, et multo minus a magistratibus, qui cautionem acceperint, exigi.
[SCAEVOLA, Digests, Book II] It is provided in the constitutions of the emperors that interest is not to be paid on money which is paid on account of a deficit; and the Emperors Antoninus and Verus Augusti replied in these words: "It is humane that interest on arrears should not be exacted either from the person himself who has fallen into arrears from the administration of an office, or from his guarantor, and much less from the magistrates who received the security.
cui consequens est, ut ne in futurum a forma obseruata discedatur.
Consequently, there must be no departure in the future from the observed rule."

Notes

  1. §50.1.24.prex detrimentum soluitur — The term "detrimentum" here refers to a financial deficit or loss of public funds incurred during the administration of a municipal office. Thus, "ex detrimento" explains the origin of the money paid to cover this deficit.
  2. §50.1.24.prHumanum est reliquorum usuras ... exigi — The clause features an accusative with infinitive (A.C.I.) construction where "usuras ... exigi" serves as the subject of "Humanum est". The negative correlatives "neque ... neque ... et multo minus" qualify the agents from whom the interest is not to be exacted, expressing a positive standard of leniency.
  3. §50.1.24.prreliquatus est — Perfect passive of the verb "reliquari" (to be in arrears). It describes a municipal officer who, upon the completion of their administration, is found to have outstanding accounts or deficits (reliqua) and thus becomes a debtor to the municipality.
  4. §50.1.24.prcui consequens est — The relative pronoun "cui" is used as a connecting relative in the dative case, referring back to the preceding sentence. Combined with the adjective "consequens", it means "it is a logical consequence of this that...", introducing the following "ut" clause.

Cite this passage

Justinian I, The Digest of Justinian §50.1.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.24.pr

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