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Justinian I · The Digest of Justinian §11.3.16.pr

Actions for a Manumitted Steward Slave Spent on a Woman

Passage 1786 of 9271 · Latin

Summary

A master found out after manumitting his steward slave that the slave had spent money on a woman; the question of whether an action for corrupting a slave and an action for theft could be brought against her was answered in the affirmative.

[ALFENUS UARUS libro secundo digestorum. ] §11.3.16.prDominus seruum dispensatorem manumisit, postea rationes ab eo accepit et cum eis non constaret, conperit apud quandam mulierculam pecuniam eum consumpsisse: quaerebatur, possetne agere serui corrupti cum ea muliere, cum is seruus iam liber esset.
[ALFENUS VARUS, from the second book of the Digests.] A master manumitted his slave who was a steward; afterwards he received the accounts from him, and since they did not balance, he discovered that the slave had spent the money on a certain woman of low estate. The question was raised whether he could bring an action for corrupting a slave against that woman, seeing that the slave was already free.
respondi posse, sed etiam furti de pecuniis, quas seruus ad eam detulisset.
I answered that he could, and also an action for theft regarding the money which the slave had brought to her.

Notes

  1. §11.3.16.prconstaret — The verb `constare` in financial contexts means "to balance" or "to agree." Here, `eis` refers to the preceding feminine plural noun `rationes` (accounts), expressing the situation "since the accounts did not balance."
  2. §11.3.16.pragere serui corrupti — After `agere` (to bring an action), the genitive `serui corrupti` (of a corrupted slave) is used directly, omitting the noun `actio` (as in `actio servi corrupti`). This is a common elliptical expression in legal texts.

Cite this passage

Justinian I, The Digest of Justinian §11.3.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.3.16.pr

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