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Justinian I · The Digest of Justinian §50.5.14.pr-50.5.14.1

Exemptions via Sons and Ban on Holding Two Public Works

Passage 8729 of 9271 · Latin

Summary

It states that a deceased son, unless lost in war, does not qualify someone for exemption from public duties, and that one person cannot simultaneously manage two public works.

[MODESTINUS libro septimo regularum. ] §50.5.14.prAd excusationem munerum defunctus filius non prosit, praeterquam in bello amissus.
[MODESTINUS, in the seventh book of Rules.] For exemption from public duties, a deceased son is of no benefit, except for one lost in war.
§50.5.14.1Eodem tempore idem duas curas operis non administrabit.
At the same time, the same person shall not administer two supervisions of public works.

Notes

  1. 50.5.14.prnon prosit — The third-person singular present subjunctive of prosum (to be of benefit). It has a prescriptive or directive force common in stating legal rules. It indicates that, while having children can grant exemption (excusatio) from public duties (munera), a deceased child generally does not count toward this benefit.
  2. 50.5.14.prpraeterquam in bello amissus — An elliptical construction in which amissus (perfect participle of amitto, meaning 'lost' or 'deceased') agrees with defunctus filius in the preceding clause. It is understood as praeterquam [eum filium] qui in bello amissus [est] or praeterquam [si] in bello amissus [prosit], establishing an exception where a son lost in battle for the state continues to benefit his father for exemptions.
  3. 50.5.14.1duas curas operis — The plural form of cura (supervision, care) combined with the genitive of opus (work, public work). It refers to the public office or duty (munus) of overseeing public construction or maintenance. The rule prohibits one person from simultaneously holding two such demanding supervisory roles.

Cite this passage

Justinian I, The Digest of Justinian §50.5.14.pr-50.5.14.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.5.14.pr-50.5.14.1

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