Justinian I · The Digest of Justinian §50.2.5.pr

Temporary and Permanent Exclusion of Decurions by Crime

Passage 8686 of 9271 · Latin

Summary

It explains the legal rule that those temporarily removed from the order for an infamous crime are permanently removed, whereas those temporarily exiled for a minor crime are not considered infamous after their term.

[PAPINIANUS libro secundo quaestionum. ] §50.2.5.prAd tempus ordine motos ex crimine, quod ignominiam importat, in perpetuum moueri placuit.

[PAPINIANUS, In the Second Book of Questions.] It is settled that those who have been temporarily removed from the order because of a crime that brings infamy are to be removed permanently.

ad tempus autem exulare iussos ex crimine leuiore uelut transacto negotio non esse inter infames habendos.

On the other hand, those who have been ordered to be temporarily exiled because of a lighter crime are, as if the matter were completed, not to be held among the infamous.

Notes

50.2.5.prordine — ordine means "order" or "rank", referring here in context to the "municipal senate" (ordo decurionum). It functions as an ablative of separation modifying motos.
50.2.5.prplacuit — An impersonal verb meaning "it is approved/settled/established". It serves as the main verb governing both the accusative and infinitive clause in the first sentence (motos ... moueri) and that in the second sentence (iussos ... non esse habendos).
50.2.5.pruelut transacto negotio — An ablative absolute construction (transacto negotio) accompanied by the particle uelut ("as if"). It analogizes the completion of a temporary exile to a business matter (negotium) being settled or concluded (transigo).

Cite this passage

Justinian I, The Digest of Justinian §50.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.2.5.pr

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