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Justinian I · The Digest of Justinian §16.1.26.pr

False Claim of Slave Ownership and the Senatusconsultum

Passage 2372 of 9271 · Latin

Summary

Ulpian discusses that a woman who answers that another's slave is her own with the intent to intercede receives the protection of the senatusconsult, whereas she is not deemed to have interceded if answering regarding a good-faith servant.

[ULPIANUS libro trigensimo septimo ad edictum. ] §16.1.26.prSi mulier intercedendi animo seruum alienum suum esse responderit, quasi intercesserit auxilio senatus consulti utetur.
[ULPIANUS, On the Edict, Book 37.] If a woman, with the intention of interceding, should answer that another's slave is her own, she will enjoy the protection of the senatusconsult as if she had interceded.
plane si pro bona fide seruiente sibi responderit, non uidetur intercessisse.
Clearly, if she has answered in respect of one who is serving her in good faith, she is not deemed to have interceded.

Notes

  1. §16.1.26.printercedendi animo — The genitive of the gerund `intercedendi` modifies `animo` (with the intention of), indicating that the woman had the subjective intention (animus) to undertake a liability for another (intercessio).
  2. §16.1.26.prpro bona fide seruiente sibi — The preposition `pro` here means "in respect of" or "regarding" rather than "on behalf of." A `bona fide seruiens` is a Roman law concept referring to a person who, though actually free or belonging to another, serves a master in good faith as a slave.
  3. §16.1.26.prquasi intercesserit — A conditional comparison clause introduced by `quasi` with the perfect subjunctive `intercesserit`. Although her response was factually false, it practically creates a liability for another; hence she is treated "as if she had interceded" and is granted the protection of the senatusconsult.

Cite this passage

Justinian I, The Digest of Justinian §16.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.26.pr

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