Humanitext Reader

Justinian I · The Digest of Justinian §50.2.12.pr

Eligibility of Small Retailers for the Decurionate

Passage 8693 of 9271 · Latin

Summary

It is stated that traders of daily necessities, even if beaten by aediles, are not legally barred from the decurionate or municipal honors, but admitting such persons to the order should be avoided in cities with an abundance of honorable men.

[IDEM libro sexto cognitionum. ] §50.2.12.prEos, qui utensilia negotiantur et uendunt, licet ab aedilibus caeduntur, non oportet quasi uiles personas neglegi.
[THE SAME, In the Sixth Book on Cognitions.] Those who trade in and sell daily necessities, even if they are beaten by the aediles, ought not to be neglected as if they were worthless persons.
denique non sunt prohibiti huiusmodi homines decurionatum uel aliquem honorem in sua patria petere: nec enim infames sunt.
In short, men of this kind are not forbidden to seek the decurionate or any honor in their own municipality; for they are not infamous.
sed ne quidem arcentur honoribus, qui ab aedilibus flagellis caesi sunt, quamquam iure suo ita aediles officio isto fungantur.
Indeed, not even those who have been beaten with whips by the aediles are excluded from honors, although the aediles may thus perform that duty by their own right.
inhonestum tamen puto esse huiusmodi personas flagellorum ictibus subiectas in ordinem recipi, et maxime in eis ciuitatibus, quae copiam uirorum honestorum habeant: nam paucitas eorum, qui muneribus publicis fungi debeant, necessaria etiam hos ad dignitatem municipalem, si facultates habeant, inuitat.
Nevertheless, I think it is dishonorable for persons of this kind, who have been subjected to the blows of whips, to be admitted into the order, and especially in those cities which have an abundance of honorable men; for the scarcity of those who ought to perform public duties inevitably invites even these, if they have the means, to municipal dignity.

Notes

  1. 50.2.12.prlicet ab aedilibus caeduntur — The conjunction `licet` (although, even if) introduces a concessive clause with the indicative present passive `caeduntur`, rather than the subjunctive which is standard in classical Latin. This usage is frequently found in later Latin and the language of jurists.
  2. 50.2.12.prinhonestum tamen puto esse huiusmodi personas flagellorum ictibus subiectas in ordinem recipi — This is an accusative with infinitive (A.c.I.) construction governed by the verb `puto` (I think). Within it, there is another infinitive clause with `recipi` (to be admitted) acting as the subject of the infinitive `esse`, with `personas` as its subject accusative. The overall structure is: "I think that [for persons of this kind... to be admitted to the order] is dishonest (`inhonestum esse`)."

Cite this passage

Justinian I, The Digest of Justinian §50.2.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.2.12.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.