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Justinian I · The Digest of Justinian §50.15.4.pr-50.15.4.10

Rules on Declaring Land and Slaves in the Census

Passage 8810 of 9271 · Latin

Summary

This chunk details the regulations for declaring assets such as land, slaves, and salt works in the census, including the equity of relief by census-takers, the jurisdiction of cities, and exemption from prejudice due to mistaken requests for amendment.

[IDEM libro tertio de censibus. ] §50.15.4.prForma censuali cauetur, ut agri sic in censum referantur. nomen fundi cuiusque: et in qua ciuitate et in quo pago sit: et quos duos uicinos proximos habeat. et aruum, quod in decem annos proximos satum erit, quot iugerum sit: uinea quot uites habeat: oliuae quot iugerum et quot arbores habeant: pratum, quod intra decem annos proximos sectum erit, quot iugerum: pascua quot iugerum esse uideantur: item siluae caeduae.
[THE SAME, in the third book on the Census.] By the census regulations, it is provided that lands are to be reported in the census as follows: the name of each estate; and in which city and in which village it is situated; and which two nearest neighbors it has; and an arable field, which has been sown within the last ten years, how many jugera it is; a vineyard, how many vines it has; olive groves, how many jugera and how many trees they have; a meadow, which has been mown within the last ten years, how many jugera; pastures, how many jugera they are considered to be; likewise, coppices.
omnia ipse qui defert aestimet.
The person who makes the declaration shall himself estimate all these things.
§50.15.4.1Illam aequitatem debet admittere censitor, ut officio eius congruat releuari eum, qui in publicis tabulis delato modo frui certis ex causis non possit.
The census-taker ought to admit that equity, so that it is consistent with his duty that a person be relieved who, for certain reasons, cannot enjoy the property in the manner declared in the public registers.
quare et si agri portio chasmate perierit, debebit per censitorem releuari.
Therefore, even if a portion of land has perished by a chasm, he must be relieved by the census-taker.
si uites mortuae sint uel arbores aruerint, iniquum eum numerum inseri censui: quod si exciderit arbores uel uites, nihilo minus eum numerum profiteri iubetur, qui fuit census tempore, nisi causam excidendi censitori probauerit.
If vines have died or trees have withered, it is unjust for that number to be entered in the census; but if he has cut down trees or vines, he is nonetheless ordered to declare that number which existed at the time of the census, unless he has proved the cause of the cutting down to the census-taker.
§50.15.4.2Is uero, qui agrum in alia ciuitate habet, in ea ciuitate profiteri debet, in qua ager est: agri enim tributum in eam ciuitatem debet leuare, in cuius territorio possidetur.
However, he who has land in another city ought to make his declaration in that city in which the land is situated; for the tax on land ought to be paid to that city in whose territory it is possessed.
§50.15.4.3Quamquam in quibusdam beneficia personis data immunitatis cum persona extinguantur, tamen cum generaliter locis aut cum ciuitatibus immunitas sic data uidetur, ut ad posteros transmittatur.
Although in some cases privileges of immunity granted to persons are extinguished with the person, nevertheless when immunity is granted generally to places or to cities, it is regarded as having been given in such a manner as to be transmitted to descendants.
§50.15.4.4Si, cum ego fundum possiderem, professus sim, petitor autem eius non fuerit professus, actionem illi manere placet.
If, while I was possessing an estate, I made a declaration, but the claimant of it did not make a declaration, it is held that his action remains to him.
§50.15.4.5In seruis deferendis obseruandum est, ut et nationes eorum et aetates et officia et artificia specialiter deferantur.
In declaring slaves, care must be taken that their nationalities, ages, duties, and crafts are specifically declared.
§50.15.4.6Lacus quoque piscatorios et portus in censum dominus debet deferre.
The owner must also declare fishing lakes and ports in the census.
Salinae si §50.15.4.7quae sunt in praediis, et ipsae in censum deferendae sunt.
If salt works, such as exist on the estates, they also must be declared in the census.
§50.15.4.8Si quis inquilinum uel colonum non fuerit professus, uinculis censualibus tenetur.
If anyone has not declared a tenant or a cultivator, he is bound by the penalties of the census.
§50.15.4.9Quae post censum editum nata aut postea quaesita sint, intra finem operis consummati professionibus edi possunt.
Things that are born after the census has been published, or are acquired afterwards, may be set forth in declarations within the end of the completed work.
§50.15.4.10Si quis ueniam petierit, ut censum sibi emendare permittatur, deinde post hoc impetratum cognouerit se non debuisse hoc petere, quia res emendationem non desiderabat: nullum ei praeiudicium ex eo quod petiit, ut censum emendaret, fore saepissime rescriptum est.
If anyone has petitioned for permission to amend his census, and then, after having obtained this, has realized that he ought not to have petitioned for it because the matter did not require amendment, it has very frequently been stated in rescripts that no prejudice shall arise to him from the fact that he petitioned to amend his census.

Notes

  1. 50.15.4.prForma censuali — The term 'forma' refers to an official template, rule, or guideline. Here, it signifies the standard census form or schedule containing the statutory criteria for declarations.
  2. 50.15.4.1eum numerum inseri — An accusative with infinitive clause functioning as the subject of 'iniquum [esse]'. 'eum numerum' is the subject accusative and 'inseri' is the present passive infinitive, forming an impersonal construction indicating that 'it is unjust for that number to be entered'.
  3. 50.15.4.2debet leuare — The verb 'leuare' (literally to lift, relieve, or collect) is used here in the sense of raising or paying the tax. It indicates that the land tax must be directed to or levied by the city in whose territory the land is held.
  4. 50.15.4.10nullum ei praeiudicium ex eo... fore — An accusative and infinitive construction depending on the main verb 'rescriptum est', with 'fore' (futurum esse) as the infinitive. The prepositional phrase 'ex eo' is modified by the clause 'quod petiit', meaning 'that no prejudice will arise to him from the fact that he petitioned'.

Cite this passage

Justinian I, The Digest of Justinian §50.15.4.pr-50.15.4.10. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.15.4.pr-50.15.4.10

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