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Justinian I · The Digest of Justinian §50.5.2.pr-50.5.2.8

Exemptions from Civil Duties by Age, Children, and Infirmity

Passage 8717 of 9271 · Latin

Summary

This fragment regulates how exemptions from civil duties and honors are applied in relation to age limits, the number of children (excluding adopted ones and those born post-nomination), physical infirmity, hearing impairment, and status as primary school teachers.

[IDEM libro tertio opinionum. ] §50.5.2.prSextum decimum aetatis annum agentem ad munus sitoniae uocari non oportet: sed si nihil proprie in patria seruatur de minoribus quoque annis uiginti quinque ad munera siue honores creandi, iusta aetas seruanda est.
[By the same author, in the third book of Opinions.] It is not proper for one who is in his sixteenth year of age to be called to the duty of grain provision; but if nothing is specially observed in one's native city concerning those also under twenty-five years of age being nominated to duties or honors, the lawful age must be observed.
§50.5.2.1Numerus liberorum aut septuaginta annorum ab honoribus aut muneribus his cohaerentibus excusationem non praestat, sed a muneribus tantum ciuilibus.
The number of children or seventy years of age does not afford an excuse from honors or duties connected with them, but only from civil duties.
§50.5.2.2Adoptiui filii in numerum non proficiunt eorum liberorum, qui excusare parentes solent.
Adopted children do not count toward the number of those children who are accustomed to excuse their parents.
§50.5.2.3Qui ad munera uocantur, uiuorum se liberorum numerum habere tempore, quo propter eos excusari desiderant, probare debent: numerus enim liberorum postea impletus susceptis antea muneribus non liberat.
Those who are called to duties must prove that they have the number of living children at the time when they desire to be excused on account of them; for the number of children completed afterwards does not release them from duties already undertaken.
§50.5.2.4Quae patrimoniorum onera sunt, numero liberorum non excusantur.
Burdens which belong to patrimonies are not excused by the number of children.
§50.5.2.5Incolumes liberi, etiamsi in potestate patri suo desierint esse, excusationem a muneribus ciuilibus praestant.
Surviving children, even if they have ceased to be under the power of their father, afford an excuse from civil duties.
§50.5.2.6Minus audiens immunitatem ciuilium munerum non habet.
A person who is hard of hearing does not have immunity from civil duties.
§50.5.2.7Quem ita senio et corporis inbecillitate uexari praeses animaduerterit, ut muneri perferendae pecuniae non sufficiat, dimittat et alium constituat.
If the governor observes that someone is so afflicted by old age and bodily weakness that he is not sufficient for the duty of paying money, he should discharge him and appoint another.
§50.5.2.7aCorporis debilitas eorum munerum excusationem praestat, quae tantum corpore implenda sunt. ceterum quae consilio prudentis uiri uel patrimonio sufficientis in homines obiri possunt, nisi certis et receptis probabilibus causis non remittuntur.
Bodily weakness affords an excuse from those duties which must be performed only with the body; but others which can be undertaken for men by the counsel of a prudent man or the patrimony of one who has sufficient means are not excused except for certain and accepted plausible causes.
§50.5.2.8Qui pueros primas litteras docent, immunitatem a ciuilibus muneribus non habent: sed ne cui eorum id quod supra uires sit indicatur, ad praesidis religionem pertinet, siue in ciuitatibus siue in uicis primas litteras magistri doceant.
Those who teach children their first letters do not have immunity from civil duties; but it pertains to the governor's conscientiousness to see that nothing beyond their strength is imposed on any of them, whether the masters teach the first letters in cities or in villages.

Notes

  1. §50.5.2.prcreandi — In the phrase 'de minoribus ... creandi', 'creandi' can be interpreted as the genitive of the gerund ('of nominating') functioning loosely as 'concerning those under twenty-five, [namely] of nominating [them]'. However, it is syntactically smoother to treat it as a copyist's error (confusion of 'i' and 'is') for the ablative plural gerundive 'creandis' agreeing with 'minoribus', which is governed by the preposition 'de'. This translation adopts the latter interpretation.
  2. §50.5.2.3numerus enim liberorum postea impletus — The subject of the clause is 'numerus ... impletus'. The perfect passive participle 'impletus' functions as a dominant participle (ab urbe condita construction) modifying 'numerus', expressing the action itself: 'the subsequent completion of the number of children does not release them from duties already undertaken'.
  3. §50.5.2.5patri suo — While the genitive ('patris sui') is standard after 'potestas' to indicate being under parental power, the dative 'patri suo' is used here. This can be understood as a dative of reference/possession, or as an instance of the dative replacing the genitive, a phenomenon found in later Latin.
  4. §50.5.2.7Quem ita senio et corporis inbecillitate uexari praeses animaduerterit — The relative pronoun 'quem' functions at the beginning of the clause as a connecting relative with conditional force, serving as the subject accusative of the infinitive 'uexari' in an accusative-and-infinitive (AcI) construction dependent on 'animaduerterit'. The governor ('praeses'), who is the subject of the conditional/relative clause, also functions as the implied subject of the main jussive verbs 'dimittat' and 'constituat'.

Cite this passage

Justinian I, The Digest of Justinian §50.5.2.pr-50.5.2.8. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.5.2.pr-50.5.2.8

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