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Justinian I · The Digest of Justinian §50.7.9.pr-50.7.9.2

Exemption Period for Former Envoys and Activity Limits

Passage 8745 of 9271 · Latin

Summary

This chunk contains Paulus' response and an imperial rescript regarding the exemption period for former envoys, as well as Paulus' opinion on the exceptions to the activity restrictions during an embassy.

[PAULUS libro primo responsorum. ] §50.7.9.prRespondit eum, qui legatione functus est, intra tempora uacationis praefinita non oportere compelli rursum ad defendendum publicum negotium, etiamsi de eadem causa litigetur.
[PAULUS from the first book of Responses.] He replied that a person who has performed an embassy ought not to be compelled, within the predefined period of exemption, to defend a public matter again, even if litigation is carried on concerning the same case.
' §50.7.9.1Imperatores Antoninus et Seuerus Augusti Germano Siluano.
The Emperors Antoninus and Severus Augusti to Germanus Silvanus.
Legatione functis biennii uacatio conceditur: nec interest, utrum legatio in urbe an in prouincia agentibus nobis mandata sit'.
An exemption of two years is granted to those who have performed an embassy; and it makes no difference whether the embassy was mandated when we were acting in the City or in a province.
§50.7.9.2Paulus respondit eum, qui legatione fungitur, neque alienis neque propriis negotiis se interponere debere.
Paulus replied that he who is performing an embassy ought not to interpose himself in either others' affairs or his own.
in qua causa non uideri eum quoque contineri, qui cum amico suo praetore gratis consilium participat.
In which case, it is not deemed that a person is also included who shares counsel gratuitously with his friend the praetor.

Notes

  1. §50.7.9.prnon oportere compelli — The passive infinitive compelli functions as the subject of the impersonal verb oportere, while eum (the antecedent of the relative clause) serves as the accusative subject of this passive construction.
  2. §50.7.9.1agentibus nobis — An ablative absolute construction formed by the present participle agentibus and the pronoun nobis (plural referring to the emperors), expressing time ('while we are staying/acting').
  3. §50.7.9.2consilium participat — The noun consilium functions as the object of the transitive verb participare ('to share counsel/advice'). Here it refers to sharing or offering advice gratuitously as a friend or an informal advisor (consilium) to the praetor, which is interpreted as not falling under the prohibited interposition in business affairs.

Cite this passage

Justinian I, The Digest of Justinian §50.7.9.pr-50.7.9.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.7.9.pr-50.7.9.2

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