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Justinian I · The Digest of Justinian §50.2.13.pr-50.2.13.3

Decurionate Eligibility of Relegated Persons and Offspring

Passage 8694 of 9271 · Latin

Summary

Based on the rescripts of the Emperors Antoninus and Verus, rules are established regarding the restrictions and exceptions for admitting formerly relegated persons to the decurionate, the eligibility of those born during relegation, and the time limit for objecting to an election.

[PAPIRIUS IUSTUS libro secundo de constitutionibus. ] §50.2.13.prImperatores Antoninus et Uerus Augusti rescripserunt in tempus relegatos et reuersos in ordinem allegi sine permissu principis non posse.
[PAPIRIUS JUSTUS, In the Second Book on Constitutions.] The Emperors Antoninus and Verus Augusti rescribed that those who have been relegated for a time and have returned cannot be admitted into the order without the permission of the Emperor.
§50.2.13.1Item rescripserunt relegatos non posse tempore finito in ordinem decurionum allegi, nisi eius aetatis fuerint, ut nondum decuriones creari possent, et dignitas certa spem eius honoris id faceret, ut princeps indulgere possit.
They also rescribed that relegated persons, even after their term has ended, cannot be admitted into the order of decurions, unless they are of such an age that they could not yet be appointed decurions, and a certain dignity should so create a hope of that honor that the Emperor can grant an indulgence.
§50.2.13.2Item rescripserunt eum, qui in relegatione natus est, non prohiberi honore decurionatus fungi.
They also rescribed that a person who was born during relegation is not prohibited from performing the office of the decurionate.
§50.2.13.3Item rescripserunt non admitti contradicere uolentem, quod non recte quis sit creatus decurio, cum initio contradicere debuerit.
They also rescribed that a person who wishes to object that someone was not rightly appointed a decurion is not to be admitted, since he ought to have objected at the beginning.

Notes

  1. 50.2.13.prin tempus relegatos — The prepositional phrase in tempus means "for a time" (temporary), as opposed to lifetime banishment. It qualifies both relegatos (those who have been relegated) and reuersos (those who have returned).
  2. 50.2.13.1nisi eius aetatis fuerint ... et dignitas certa ... id faceret — The perfect subjunctive fuerint and the imperfect subjunctive faceret are coordinated. The former indicates a factual prerequisite regarding age relative to the main clause's time, while the latter describes a continuous situation where "a certain dignity makes a hope." This explains the shift in tense.
  3. 50.2.13.3non admitti contradicere uolentem — The accusative participle phrase contradicere uolentem (one who wishes to object) is the subject accusative of the passive infinitive admitti. It expresses legal inadmissibility or rejection in court.

Cite this passage

Justinian I, The Digest of Justinian §50.2.13.pr-50.2.13.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.2.13.pr-50.2.13.3

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