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Justinian I · The Digest of Justinian §15.1.39.pr

Definition of Peculium Based on Frugality and Master's Will

Passage 2298 of 9271 · Latin

Summary

Florentinus defines the peculium as consisting of what a slave has acquired through frugality or service, and which the master has wished the slave to hold as if it were his own patrimony.

[FLORENTINUS libro undecimo institutionum. ] §15.1.39.prPeculium et ex eo consistit, quod parsimonia sua quis parauit uel officio meruerit a quolibet sibi donari idque uelut proprium patrimonium seruum suum habere quis uoluerit.
[FLORENTINUS in the eleventh book of Institutes.] The peculium also consists of that which the slave has acquired by his own frugality, or has deserved by his dutiful service to be given to him by anyone, and which the master has wished his slave to hold as if it were his own patrimony.

Notes

  1. §15.1.39.pret — The conjunction "et" connects this text with the preceding fragments, indicating that the following definition provides "also" (in addition to the rules previously discussed) the substantive composition of the peculium.
  2. §15.1.39.prquis... quis — The two occurrences of the indefinite pronoun "quis" refer to different subjects within the same sentence. The first "quis" (the subject of "parauit") refers to the slave, while the second "quis" (the subject of "uoluerit") refers to the master, as indicated by the contrast with "seruum suum" (his slave).
  3. §15.1.39.profficio meruerit a quolibet sibi donari — "officio" is an ablative of means/cause meaning "by dutiful service." "meruerit" (has deserved) takes the passive infinitive phrase "a quolibet sibi donari" (to be given to him by anyone) as its object or complementary infinitive. "sibi" is a reflexive pronoun referring to the subject of "meruerit" (the slave).

Cite this passage

Justinian I, The Digest of Justinian §15.1.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.39.pr

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