Corpus iurisprudentiae Romanae

Repertorium zu den Quellen des römischen Rechts

Digesta Iustiniani Augusti

Recognovit Mommsen (1870) et retractavit Krüger (1928)
Convertit in Anglica lingua Scott (1932)
Dig. L10,
De operibus publicis
Liber quinquagesimus
X.

De operibus publicis

(Concerning Public Works.)

1Ulpianus libro secundo opinionum. Curator operum creatus praescriptione motus ab excusatione perferenda sicuti cessationis nomine, in qua quoad vivit moratus est, heredes suos obligatos reliquit, ita temporis, quod post mortem eius cessit, nullo onere eos obstrinxit. 1Curam operis aquae ductus in alio iam munere constitutus postea susceperat. praepostere visus est petere exonerari priore utrisque iam implicitus, quando, si alterum tantum sustinere eum oportuisset, ante probabilius impetrasset propter prius munus a sequenti excusationem.

1Ulpianus, Opinions, Book II. A certain man, having been appointed supervisor of public works, and desiring to be excused, did not succeed, but remained in office until he died. He left his heirs liable, but imposed no responsibility upon them from the time when his death occurred. 1A person who was already exercising the functions of a public office afterwards undertook the construction of an aqueduct. It seemed to be absurd for him to ask to be released from his former employment, when he was already charged with both; because if he had only intended to assume responsibility for one, it is more probable that he would have obtained exemption from the other, on account of that in which he was already engaged.

2Idem libro tertio opinionum. Qui liberalitate, non necessitate debiti, reditus suos interim ad opera finienda concessit, munificentiae suae fructum de inscriptione nominis sui operibus, si qua fecerit, capere per invidiam non prohibetur. 1Curatores operum cum redemptoribus negotium habent, res publica autem cum his, quos efficiendo operi praestituit. quatenus ergo et quis et cui obstrictus est, aestimatio praesidis provinciae est. 2Ne eius nomine, cuius liberalitate opus exstructum est, eraso aliorum nomina inscribantur et propterea revocentur similes civium in patrias liberalitates, praeses provinciae auctoritatem suam interponat.

2The Same, Opinions, Book III. Anyone who, through liberality and not because of indebtedness, has devoted his income for a time to the purpose of completing public works, is not forbidden to obtain the reward of his generosity by having his name inscribed upon them. 1The supervisors of public works transact business with the contractors, but the State is only concerned with those appointed for that purpose. Therefore, the Governor of the province will repose confidence in the person who has charge of the work, as well as in the contractor who is liable to him. 2The Governor of a province should interpose his authority to prevent the name of him through whose generosity a public work has been constructed from being erased, and the names of others inscribed in its place; and also see that the evidence of similar liberalities bestowed by citizens upon their country shall not be removed.

3Macer libro secundo de officio praesidis. Opus novum privato etiam sine principis auctoritate facere licet, praeterquam si ad aemulationem alterius civitatis pertineat vel materiam seditionis praebeat vel circum theatrum vel amphitheatrum sit. 1Publico vero sumptu opus novum sine principis auctoritate fieri non licere constitutionibus declaratur. 2Inscribi autem nomen operi publico alterius quam principis aut eius, cuius pecunia id opus factum sit, non licet.

3Macer, On the Duties of Governor, Book II. A private individual can construct a new work even without the authority of the Emperor, unless this is done through rivalry with another city, or may furnish material for sedition, or is a circus, a theatre, or an amphitheatre. 1It is stated by the Imperial Constitutions that it is not lawful for a new work to be constructed at the public expense without the authority of the Emperor. 2It is not lawful for any other name than that of the Emperor, or of him by whose money it was constructed, to be inscribed upon any public work.

4Modestinus libro undecimo pandectarum. Nec praesidis quidem nomen licebit superscribere.

4Modestinus, Pandects, Book XI. It is not lawful to inscribe even the name of the Governor upon a public work.

5Ulpianus libro singulari de officio curatoris rei publicae. Si legatum vel fideicommissum fuerit ad opus relictum, usurae quae et quando incipiant deberi, rescripto divi Pii ita continetur. ‘Si quidem dies non sit ab his, qui statuas vel imagines ponendas legaverunt, praefinitus, a praeside provinciae tempus statuendum est: et nisi posuerint heredes, usuras leviores intra sex menses, si minus, semisses usuras rei publicae pendant. si vero dies datus est, pecuniam deponant intra diem, si aut non invenire se statuas dixerint aut loco controversiam fecerint: semisses protinus pendant’. 1Fines publicos a privatis detineri non oportet. curabit igitur praeses provinciae, si qui publici sunt, a privatis separare et publicos potius reditus augere: si qua loca publica vel aedificia in usus privatorum invenerit, aestimare, utrumne vindicanda in publicum sint an vectigal eis satius sit imponi, et id, quod utilius rei publicae intellexerit, sequi.

5Ulpianus, On the Duties of the Principal Magistrate of a City. When anyone bequeaths a legacy or property in trust for the construction of a public work, the interest on the same and the time when it begins to run are established by a Rescript of the Divine Pius in the following terms: “If the person leaving the legacy does not state the time when the statues or images shall be placed in position, it should be fixed by the Governor of the province; and if the heirs of the deceased do not do this within the prescribed time, they will, in six months, be liable to the payment of moderate interest, but if the said statues and images are not placed in position by that date they must pay interest at the rate of six per cent to the State. “When, however, a time was appointed, they must pay the money within that time; or, if they should allege that they have not found the statues, or cause any dispute to arise with reference to the place, they must immediately begin to pay interest at the rate of six per cent.” 1The boundaries of public lands must not be retained by private individuals. Therefore, the Governor of the province shall see that public lands are separated from those belonging to private persons, and endeavor to increase the public revenues. If he finds that any public places or buildings are occupied by private persons, he must estimate whether they should be demanded for the benefit of the public, or whether it would be better to lease them for a sufficient rent; and he must always pursue the course which he thinks will be of the greatest advantage to the State.

6Modestinus libro undecimo pandectarum. De operibus, quae in muris vel portis vel rebus publicis fiunt, aut si muri exstruantur, divus Marcus rescripsit praesidem aditum consulere principem debere.

6Modestinus, Pandects, Book XI. The Divine Marcus stated in a Rescript that the Governor of a province should consult the Emperor with reference to works which have been constructed on the walls or gates of cities, or other public property, and also where walls have been built.

7Callistratus libro secundo de cognitionibus. Pecuniam, quae in opera nova legata est, potius in tutelam eorum operum quae sunt convertendam, quam ad inchoandum opus erogandam divus Pius rescripsit: scilicet si satis operum civitas habeat et non facile ad reficienda ea pecunia inveniatur. 1Si quis opus ab alio factum adornare marmoribus vel alio quo modo ex voluntate populi facturum se pollicitus sit, nominis proprii titulo scribendo: manentibus priorum titulis, qui ea opera fecissent, id fieri debere senatus censuit. quod si privati in opera, quae publica pecunia fiant, aliquam de suo adiecerint summam, ita titulo inscriptionis uti eos debere isdem mandatis cavetur, ut quantam summam contulerint in id opus, inscribant.

7Callistratus, On Judicial Inquiries, Book II. The Divine Pius stated in a Rescript that where money had been bequeathed for the construction of a new work, it was better for it to be employed for the preservation of works already existing than to be expended in the construction of new ones; that is to say, if the city had enough public works, and money was not easily obtained for their repair. 1When anyone wishes to adorn with marble, or in any other manner a work constructed by another, and he promises to do so according to the will of the people, the Senate decreed that this could be done if he inscribed his own name upon the work, but that he should allow the name of the person who built it in the first place to remain. Where, however, private individuals expend a sum of money of their own to the embellishment of a work already constructed with the public funds, it is provided by the same Imperial Mandates that they can have their names inscribed upon the work and state the amount of money which they had contributed to it.