Humanitext Reader

Justinian I · The Digest of Justinian §11.7.31.pr-11.7.31.2

Funeral Expenses for Soldier-Sons and Slaves

Passage 1835 of 9271 · Latin

Summary

This passage discusses how the liability for the funeral expenses of a soldier-son first falls on his successors and then on his father, and describes the nature of the action against a master for burying another's slave.

[ULPIANUS libro uicensimo quinto ad edictum. ] §11.7.31.prSi filius familias miles sit et habeat castrense peculium, puto successores eius ante teneri, sic deinde ad patrem uenire.
[ULPIAN, On the Edict, book 25] If a son in power is a soldier and has military peculium, I think that his successors are liable first, and thus next it comes to the father.
§11.7.31.1Qui seruum alienum uel ancillam sepeliuit, habet aduersus dominum funerariam actionem.
He who has buried another's male or female slave has the action for funeral expenses against the master.
§11.7.31.2Haec actio non est annua, sed perpetua, et heredi ceterisque successoribus et in successores datur.
This action is not annual, but perpetual, and is granted both to the heir and other successors, and against successors.

Notes

  1. §11.7.31.prteneri ... uenire — Both are infinitives depending on puto. Teneri is a passive infinitive meaning 'to be bound/liable,' with successores eius as its subject. Uenire is an intransitive infinitive meaning 'to come (to/upon),' where a subject such as actionem (action) or onus (burden) is implied, or it is understood impersonally as 'liability comes to the father.'
  2. §11.7.31.2heredi ceterisque successoribus et in successores — Modifying datur (is granted), showing the active and passive succession of the action. The former heredi ceterisque successoribus is in the dative, indicating that the action 'is granted to the heir and other successors' (active succession), while the latter in successores is in + accusative, indicating that it 'is granted against their successors' (passive succession).

Cite this passage

Justinian I, The Digest of Justinian §11.7.31.pr-11.7.31.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.31.pr-11.7.31.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.