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Justinian I · The Digest of Justinian §50.1.27.pr-50.1.27.3

Citizenship of Freedmen and Criteria for Domicile

Passage 8670 of 9271 · Latin

Summary

Discusses the municipal citizenship of manumitted persons, the criteria for establishing a domicile, the possibility of dual domiciles, the state of being without a domicile, and the domicile of relegated persons.

[ULPIANUS libro secundo ad edictum. ] §50.1.27.prEius, qui manumisit, municeps est manumissus, non domicilium eius, sed patriam secutus.
[ULPIANUS, On the Edict of the Praetor, Book II] A manumitted person becomes a municipal citizen of the person who manumitted him, following not his domicile, but his origin.
et si patronum habeat duarum ciuitatium municipem, per manumissionem earundem ciuitatium erit municeps.
And if he has a patron who is a municipal citizen of two cities, he will become a municipal citizen of those same cities through manumission.
§50.1.27.1Si quis negotia sua non in colonia, sed in municipio semper agit, in illo uendit emit contrahit, in eo foro balineo spectaculis utitur, ibi festos dies celebrat, omnibus denique municipii commodis, nullis coloniarum fruitur, ibi magis habere domicilium, quam ubi colendi causa deuersatur.
If anyone always conducts his business not in a colony, but in a municipality, sells, buys, contracts in the latter, uses its forum, bath, and spectacles, celebrates holidays there, and in short enjoys all the advantages of the municipality and none of those of the colonies, he is deemed to have his domicile there, rather than where he stays for the purpose of cultivation.
§50.1.27.2Celsus libro primo digestorum tractat, si quis instructus sit duobus locis aequaliter neque hic quam illic minus frequenter commoretur: ubi domicilium habeat, ex destinatione animi esse accipiendum.
Celsus discusses in the first book of his Digests that if anyone is equally established in two places and resides no less frequently in one than in the other, where he has his domicile must be understood from the intention of his mind.
ego dubito, si utrubique destinato sit animo, an possit quis duobus locis domicilium habere.
I doubt, if there is such intention in both places, whether anyone can have a domicile in two places.
et uerum est habere, licet difficile est: quemadmodum difficile est sine domicilio esse quemquam.
And yet it is true that one can have them, although it is difficult; just as it is difficult for anyone to be without a domicile.
puto autem et hoc procedere posse, si quis domicilio relicto nauiget uel iter faciat, quaerens quo se conferat atque ubi constituat: nam hunc puto sine domicilio esse.
However, I think that this also can happen, if anyone, having abandoned his domicile, travels by ship or journey, seeking where he may betake himself and where he may establish himself; for I think that this person is without a domicile.
§50.1.27.3Domicilium autem habere potest et relegatus eo loci, unde arcetur, ut Marcellus scribit.
Furthermore, even a relegated person can have a domicile in that place from which he is excluded, as Marcellus writes.

Notes

  1. §50.1.27.prnon domicilium eius, sed patriam secutus — The word secutus is the perfect participle of the deponent verb sequor, agreeing with the subject manumissus. Semantically, it expresses the reason or means: 'by following not his patron's domicile, but his origin.'
  2. §50.1.27.1ibi magis habere domicilium, quam ubi colendi causa deuersatur — The main verb of the principal clause (such as videtur 'seems' or existimandum est 'must be considered') is omitted. In the clause introduced by quam (than) which pairs with the adverb magis, the word colendi (genitive of the gerund of colo, meaning farming or cultivation) modifies causa to express purpose.
  3. §50.1.27.2ego dubito, si utrubique destinato sit animo, an possit — The expression dubito an can be interpreted as either 'I doubt whether' (expressing doubt) or 'I am inclined to think that' (expressing a mild positive inclination). In light of the following concessive sentence 'and yet it is true that one can have them' (et uerum est habere), it is more coherent to interpret it here as expressing doubt or hesitation: 'I doubt whether anyone can have...'
  4. §50.1.27.3eo loci, unde arcetur — The word eo is an adverb of place, and loci is a partitive genitive, combined to mean 'in that place.' The clause unde arcetur is a relative clause meaning 'from which he is barred.' This indicates Marcellus's view that a relegated person can still legally maintain a domicile in the place from which they have been excluded.

Cite this passage

Justinian I, The Digest of Justinian §50.1.27.pr-50.1.27.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.27.pr-50.1.27.3

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