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Justinian I · The Digest of Justinian §22.3.4.pr

Burden of Proof on a Slave's Flight Prior to Purchase

Passage 3222 of 9271 · Latin

Summary

Paulus replies that the burden of proof lies on the buyer to show that the slave in question had already run away before the purchase.

[PAULUS libro sexto responsorum. ] §22.3.4.prRespondit emptorem probare debere, eum seruum de quo quaeritur antequam emeret fugisse.
[PAULUS, in the sixth book of Responses.] He replied that the buyer ought to prove that the slave in question had run away before he bought him.

Notes

  1. §22.3.4.premptorem probare debere, eum seruum ... fugisse — This is a double accusative with infinitive (AcI) structure. The main verb `Respondit` takes the first AcI construction as its object (subject accusative: `emptorem`, infinitive: `debere`). In turn, the infinitive `probare` dependent on `debere` takes the second AcI construction (subject accusative: `eum seruum`, infinitive: `fugisse`) as its object.
  2. §22.3.4.prde quo quaeritur — The verb `quaeritur` is an impersonal passive meaning "it is under inquiry" or "it is in dispute." The relative pronoun `quo` refers to the antecedent `eum seruum`, forming a common legal expression indicating the slave who is the subject of the lawsuit.
  3. §22.3.4.prantequam emeret — The conjunction `antequam` is followed by the imperfect subjunctive `emeret` (subject: the buyer `emptorem`). The subjunctive is used here because the act of buying is an event subsequent to the running away (`fugisse`) and is situated within subordinate indirect speech.

Cite this passage

Justinian I, The Digest of Justinian §22.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.3.4.pr

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