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Justinian I · The Digest of Justinian §50.5.4.pr

Exemption Period and Travel Time for Absence on State Business

Passage 8719 of 9271 · Latin

Summary

Neratius discusses the calculation of the exemption period for those absent on public business, stating that it should include travel time, but rules are restricted if there is an unreasonable delay.

[NERATIUS libro primo membranarum. ] §50.5.4.prTempus uacationis, quod datur eis qui rei publicae causa afuerunt, non ex eo die numerandum est, quo quis abesse desiit, sed cum quodam laxamento itineris: neque enim minus abesse rei publicae causa intellegendus est, qui ad id negotium uel ab eo reuertitur.
[By NERATIUS, in the first book of Parchments.]\n\nThe period of exemption which is granted to those who have been absent on public business must not be calculated from the day on which a person ceased to be absent, but with a certain allowance for the journey; for a person who is traveling to that business or returning from it is no less to be understood as being absent on public business.
si quis tamen plus iusto temporis aut itinere aut in alio loco commoratus consumpserit, ita ea interpretanda erit, ut ex eo tempore uacationis dies incipiat ei cedere, quo iter ex commodo peragere potuisset.
If, however, anyone, by lingering either on the journey or in another place, has spent more time than is reasonable, the matter must be so interpreted that the days of exemption begin to run for him from the time when he could have completed the journey at his convenience.

Notes

  1. §50.5.4.prneque enim minus abesse rei publicae causa intellegendus est — A double negation meaning "for [such a person] is no less to be understood as being absent on public business." The subject is the following relative clause (qui ad id negotium uel ab eo reuertitur), which functions as the subject of the passive periphrastic conjugation (intellegendus est).
  2. §50.5.4.prea — Feminine singular nominative demonstrative pronoun. In this context, it refers to the aforementioned "uacatio" (exemption) or its rule, functioning as the subject of "interpretanda erit".
  3. §50.5.4.prcedere — A legal term meaning "to begin to run," "to accrue," or "to take effect," used here in reference to the "days (dies)" of exemption.
  4. §50.5.4.prex commodo — A prepositional phrase meaning "at one's convenience," "at a reasonable pace," or "without undue haste."

Cite this passage

Justinian I, The Digest of Justinian §50.5.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.5.4.pr

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