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Justinian I · The Digest of Justinian §50.16.16.pr

Definition of Publican and the Meaning of Public

Passage 8830 of 9271 · Latin

Summary

Gaius' definition of a 'publican' and the explanation of the legal status of cities as equivalent to private individuals, noting that the term 'public' properly refers to the Roman people.

[GAIUS libro tertio ad edictum prouinciale. ] §50.16.16.prEum qui uectigal populi Romani conductum habet, 'publicanum' appellamus. nam 'publica' appellatio in compluribus causis ad populum Romanum respicit: ciuitates enim priuatorum loco habentur.
[GAIUS, in the third book on the Provincial Edict.] We call him who has leased a tax of the Roman people a 'publican'; for the term 'public' in most cases refers to the Roman people, since cities are held in the position of private individuals.

Notes

  1. §50.16.16.prconductum habet — A periphrastic construction using the perfect passive participle with habere, emphasizing not merely a past completed action of leasing but the ongoing state of holding the lease.
  2. §50.16.16.prpublicanum — A noun derived from the adjective publicus (pertaining to the Roman state/people). Gaius highlights the logical connection: since only things belonging to the Roman people are strictly 'public', and cities are treated on the footing of private parties, only those who lease state revenues are properly called publicani.
  3. §50.16.16.prpriuatorum loco — The ablative loco (place/position) without a preposition, accompanied by the genitive priuatorum, functions adverbially to mean 'in the position of private individuals' or 'on the footing of private persons'.

Cite this passage

Justinian I, The Digest of Justinian §50.16.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.16.pr

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