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Justinian I · The Digest of Justinian §50.7.11.pr-50.7.11.1

Private Suits of Envoys and Travel Expenses at Death

Passage 8747 of 9271 · Latin

Summary

This passage states the restrictions on an ambassador conducting business in his own interest before completing his mission, and the rule that travel expenses are not refunded if he dies before returning.

[IDEM libro primo sententiarum. ] §50.7.11.prLegatus antequam officio legationis functus sit, in rem suam nihil agere potest, exceptis his quae ad iniuriam eius uel damnum parata sunt.
[THE SAME, from the first book of Opinions.] An ambassador, before he has discharged the office of his embassy, can conduct no business in his own interest, with the exception of those things which have been prepared in relation to an injury or damage to him.
§50.7.11.1Si quis in munere legationis, antequam ad patriam reuertetur, decessit, sumptus, qui proficiscenti sunt dati, non restituuntur.
If anyone during the performance of an embassy dies before he returns to his country, the expenses which were given to him upon his departure are not restored.

Notes

  1. §50.7.11.profficio — An ablative governed by the deponent verb fungor (to perform, discharge) in the perfect subjunctive third-person singular (functus sit).
  2. §50.7.11.prin rem suam nihil agere — The phrase in rem suam means "for his own affair or interest." While agere generally means "to do" or "to conduct," in this legal context it carries the nuance of "to bring a legal action" or "to conduct litigation."
  3. §50.7.11.prexceptis his quae ad iniuriam eius uel damnum parata sunt — Exceptis his is an ablative absolute ("with these things excepted"). The relative clause beginning with quae modifies his; the preposition ad with parata sunt (prepared, set up) indicates purpose or relation, referring to legal measures or preparations made to address an injury or damage done to the ambassador.
  4. §50.7.11.1proficiscenti — The dative singular of the present participle of the deponent verb proficiscor (to set out, depart). Used substantively, referring to "the one setting out" (i.e., the ambassador departing on his mission) to whom the travel expenses were granted.

Cite this passage

Justinian I, The Digest of Justinian §50.7.11.pr-50.7.11.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.7.11.pr-50.7.11.1

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