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Justinian I · The Digest of Justinian §18.1.56.pr

Power to Reclaim a Female Slave Prostituted in Breach

Passage 2644 of 9271 · Latin

Summary

This text rules that if a female slave is sold under the agreement that she shall not be prostituted and that the seller may reclaim her upon violation, the original seller retains the power to reclaim her even if she has been resold to multiple buyers.

[IDEM libro quinquagensimo ad edictum. ] §18.1.56.prSi quis sub hoc pacto uendiderit ancillam, ne prostituatur et, si contra factum esset, uti liceret ei abducere, etsi per plures emptores mancipium cucurrerit, ei qui primo uendit abducendi potestas fit.
[THE SAME, On the Edict, Book L] If anyone has sold a female slave under this agreement, that she should not be prostituted, and that, if the contrary should be done, it should be lawful for him to take her away, even if the slave has passed through several buyers, the power of taking her away arises for the one who sold her first.

Notes

  1. §18.1.56.pruti — This is not the infinitive of the verb utor (to use), but a variant of the conjunction ut, introducing the subjunctive liceret to express the content of the agreement (that it should be permitted).
  2. §18.1.56.prei qui primo uendit — ei is a dative depending on the main verb fit (dative of reference or possession), modified by the relative clause qui primo uendit. uendit is in the present tense (or a contracted form/variant of the perfect uendidit).

Cite this passage

Justinian I, The Digest of Justinian §18.1.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.56.pr

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