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Justinian I · The Digest of Justinian §11.4.5.pr

Return of Runaways Who Fled to the Arena to Their Masters

Passage 1792 of 9271 · Latin

Summary

It is ruled that even if a runaway slave flees to the arena to escape investigation or punishment, they must be returned to their master, whether before or after the fight, in accordance with a rescript of the deified Pius.

[TRYPHONINUS libro primo disputationum. ] §11.4.5.prSi in harenam fugitiuus seruus se dederit, ne isto quidem periculo, discriminis uitae tantum, sibi irrogato potestatem domini euitare poterit: nam diuus Pius rescripsit omnimodo eos dominis suis reddere siue ante pugnam ad bestias siue post pugnam, quoniam interdum aut pecunia interuersa aut commisso aliquo maiore maleficio ad fugiendam inquisitionem uel iustitiam animaduersionis in harenam se dare mallent.
[TRYPHONINUS, from the first book of Discussions.] If a runaway slave should surrender himself to the arena, he will not be able to escape the power of his master, even though that danger, namely of life alone, is imposed on him; for the deified Pius wrote in a rescript that they must by all means be returned to their masters, whether before the fight with beasts or after the fight, since sometimes, either because they have embezzled money or committed some greater crime, they would prefer to surrender themselves to the arena in order to escape investigation or the justice of punishment.
reddi ergo eos oportet.
Therefore, they must be returned.

Notes

  1. §11.4.5.prne isto quidem periculo, discriminis uitae tantum, sibi irrogato — periculo ... irrogato is an ablative absolute. Combined with ne ... quidem, it expresses concession ("even though that danger ... is imposed"). discriminis uitae tantum functions as a genitive of quality or definition modifying periculo, meaning "namely, of life alone."
  2. §11.4.5.prreddere — The manuscript reads the active infinitive reddere (to return), but contextually it is understood in a passive sense as if it were reddi (to be returned), or implies an accusative with infinitive construction meaning "(that the officials) ought to return them," with a verb of obligation like oportere omitted. This is reinforced by the passive expression reddi ergo eos oportet at the end.
  3. §11.4.5.prad fugiendam inquisitionem uel iustitiam animaduersionis — A purpose construction using the preposition ad with the accusative gerundive fugiendam ("in order to escape..."). animaduersionis is an objective genitive modifying iustitiam, meaning "the justice of punishment" or "lawful punishment."

Cite this passage

Justinian I, The Digest of Justinian §11.4.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.4.5.pr

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