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Justinian I · The Digest of Justinian §50.10.7.pr-50.10.7.1

Diverting Legacies to Maintenance and Rules on Inscriptions

Passage 8780 of 9271 · Latin

Summary

A rescript of the deified Pius allowing the diversion of funds bequeathed for new works to the maintenance of existing ones, and rules from a senatorial decree and instructions regarding the use of inscriptions when decorating or contributing to public works.

[CALLISTRATUS libro secundo de cognitionibus. ] §50.10.7.prPecuniam, quae in opera noua legata est, potius in tutelam eorum operum quae sunt conuertendam, quam ad inchoandum opus erogandam diuus Pius rescripsit: scilicet si satis operum ciuitas habeat et non facile ad reficienda ea pecunia inueniatur.
[CALLISTRATUS in the second book on Extraordinary Proceedings.] The deified Pius answered by rescript that money which has been bequeathed for new works should be converted to the maintenance of those works which already exist, rather than expended on starting a new work; provided, of course, that the city has enough works and money is not easily found for repairing them.
§50.10.7.1Si quis opus ab alio factum adornare marmoribus uel alio quo modo ex uoluntate populi facturum se pollicitus sit, nominis proprii titulo scribendo: manentibus priorum titulis, qui ea opera fecissent, id fieri debere senatus censuit.
If anyone has promised, in accordance with the will of the people, to adorn with marble or in some other way a work constructed by another, on the condition of inscribing a title in his own name, the senate decided that this should be allowed to be done only while the titles of the former builders who had constructed those works remain.
quod si priuati in opera, quae publica pecunia fiant, aliquam de suo adiecerint summam, ita titulo inscriptionis uti eos debere isdem mandatis cauetur, ut quantam summam contulerint in id opus, inscribant.
But if private individuals add some sum from their own means to works which are being constructed with public money, it is provided in the same instructions that they must use the title of the inscription in such a way that they inscribe how much money they contributed to that work.

Notes

  1. 50.10.7.prconuertendam — A gerundive in the accusative feminine singular agreeing with the subject accusative `Pecuniam` in the accusative-and-infinitive construction introduced by `rescripsit`. The auxiliary verb `esse` is omitted (`conuertendam esse`), expressing necessity or obligation ('should be converted'). The same omission of `esse` applies to `erogandam` later in the sentence.
  2. 50.10.7.1nominis proprii titulo scribendo — A phrase centered on the ablative of the gerund `scribendo`, expressing the means or the condition ('on the condition of inscribing...') under which the promise of decoration was made.
  3. 50.10.7.1qui ea opera fecissent — The verb in the relative clause, `fecissent`, is in the pluperfect subjunctive because the clause is subordinate to the indirect speech (the senate's decree introduced by the historical perfect `censuit`), which requires the subjunctive (oblique subjunctive).

Cite this passage

Justinian I, The Digest of Justinian §50.10.7.pr-50.10.7.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.10.7.pr-50.10.7.1

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