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Justinian I · The Digest of Justinian §50.2.6.pr-50.2.6.5

Qualifications of Decurions and Restrictions on Minors and Tax Collection

Passage 8687 of 9271 · Latin

Summary

Papinian's rulings on the eligibility of decurions, including the status of illegitimate and incestuous children, restriction of rights for minors, prohibition on tax farming, infamy for abandoning public prosecution, and precedence of privileges based on family relations and the number of children.

[IDEM libro primo responsorum. ] §50.2.6.prSpurii decuriones fiunt: et ideo fieri poterit ex incesto quoque natus: non enim impedienda est dignitas eius qui nihil admisit.
[THE SAME, In the First Book of Opinions.] Spurious children become decurions; and therefore one born of incest too will be able to become one; for the dignity of him who has committed nothing wrong must not be hindered.
§50.2.6.1Minores uiginti quinque annorum decuriones facti sportulas decurionum accipiunt: sed interim suffragium inter ceteros ferre non possunt.
Those under twenty-five years of age who have been made decurions receive the sportulae of decurions; but in the meantime they cannot cast a vote among the others.
§50.2.6.2Decurio etiam suae ciuitatis uectigalia exercere prohibetur.
A decurion is also forbidden to farm the taxes of his own city.
§50.2.6.3Qui iudicii publici quaestionem citra ueniam abolitionis deseruerunt, decurionum honore decorari non possunt, cum ex Turpilliano senatus consulto notentur ignominia ueluti calumniae causa iudicio publico damnati.
Those who have abandoned the prosecution of a public trial without the permission of abolition cannot be honored with the dignity of decurions, since according to the Turpillian senatus consultum they are marked with infamy, just like those condemned in a public trial on account of calumny.
§50.2.6.4Pater, qui filio decurione creato prouocauit, etsi praescriptione temporis exclusus fuerit, si quod gestum est non habuit ratum, muneribus ciuilibus pro filio non tenebitur.
A father who appealed against his son being made a decurion, even if he has been barred by the prescription of time, shall not be held liable for civil duties on behalf of his son, if he did not ratify what was done.
§50.2.6.5Priuilegiis cessantibus ceteris eorum causa potior habetur in sententiis ferendis, qui pluribus eodem tempore suffragiis iure decurionis decorati sunt.
In the absence of other privileges, the position of those who at the same time were honored with more votes by the right of a decurion is held to be preferable in expressing opinions.
sed et qui plures liberos habet, in suo collegio primus sententiam rogatur ceterosque honoris ordine praecellit.
But he also who has more children is asked his opinion first in his assembly and excels the others in the order of honor.

Notes

  1. 50.2.6.prex incesto quoque natus — Following the preceding spurii decuriones fiunt, the complement decurio is understood with fieri poterit, which has ex incesto quoque natus ('one born of incest too') as its subject. The preposition ex governs the ablative of origin.
  2. 50.2.6.1minores uiginti quinque annorum — uiginti quinque annorum following minores is a genitive of quality expressing age, meaning 'those younger than twenty-five years.' While a comparative ablative or a clause with quam is more common, the genitive is used here.
  3. 50.2.6.3citra ueniam abolitionis — The preposition citra governs the accusative and is used here in the legal sense of 'without' (sine). Abandoning a prosecution without the uenia (permission) of abolitio (abolition of public prosecution) is treated as an unlawful desertion.
  4. 50.2.6.4filio decurione creato — An ablative absolute construction consisting of filio, creato, and the predicate decurione. It indicates the circumstance or the cause of the appeal (prouocauit): 'on his son having been made a decurion.'
  5. 50.2.6.5sententiam rogatur — A retained accusative construction where the verb rogare (which takes a double accusative: 'to ask someone [acc.] for their opinion [acc.]') is made passive, and the accusative of the thing (sententiam) is retained. The subject is qui plures liberos habet, meaning 'is asked his opinion.'

Cite this passage

Justinian I, The Digest of Justinian §50.2.6.pr-50.2.6.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.2.6.pr-50.2.6.5

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