Humanitext Reader

Justinian I · The Digest of Justinian §50.4.12.pr

Holding of Magistracies and Exemption from Extraordinary Burdens

Passage 8709 of 9271 · Latin

Summary

Javolenus states that a person exempted from public duties is not excused from holding a magistracy, as it belongs to honor rather than burden, while extraordinary temporary duties like road repairs must not be demanded of them.

[IAUOLENUS libro sexto ex Cassio. ] §50.4.12.prCui muneris publici uacatio datur, non remittitur ei, ne magistratus fiat, quia id ad honorem magis quam ad munera pertinet.
[JAVOLENUS, In the Sixth Book of Cassius.] To whomsoever an exemption from public duty is given, it is not remitted to him that he should not become a magistrate, because this pertains to honor rather than to duties.
cetera omnia, quae ad tempus extra ordinem exiguntur, ueluti munitio uiarum, ab huiusmodi persona exigenda non sunt.
All other things which are required temporarily and extraordinarily, such as the repair of roads, are not to be required from a person of this kind.

Notes

  1. 50.4.12.prnon remittitur ei, ne magistratus fiat — The noun clause introduced by the conjunction ne functions as the subject of the impersonal passive remittitur, meaning 'it is not remitted (or allowed) to him that he should not become a magistrate' (i.e., he is not excused from taking office).
  2. 50.4.12.prexigenda non sunt — A passive periphrastic construction formed by the gerundive exigenda and the verb sunt, expressing necessity or obligation ('must not be required'), with the neuter plural cetera omnia as its subject.

Cite this passage

Justinian I, The Digest of Justinian §50.4.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.4.12.pr

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