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Justinian I · The Digest of Justinian §26.1.15.pr

Absence of a Guardian on Mission or Defection

Passage 3743 of 9271 · Latin

Summary

It stipulates that if a guardian is not captured but sent as an envoy, received, or has defected, he remains a guardian because he does not become a slave, though in the meantime another guardian will be appointed by the governors.

[IDEM libro trigesimo octauo ad Sabinum. ] §26.1.15.prSi quis tutor non sit captus ab hostibus, sed missus ad eos quasi legatus, aut etiam receptus ab eis, aut transfugerit, quia seruus non efficitur, tutor manet, sed interim a praesidibus alius tutor dabitur.
[THE SAME, On Sabinus, Book 38.] If a guardian has not been captured by the enemy, but sent to them as an envoy, or even received by them, or has defected, since he does not become a slave, he remains a guardian; but in the meantime another guardian will be appointed by the governors.

Notes

  1. §26.1.15.prnon sit captus — Following the perfect subjunctive passive sit captus, the auxiliary sit is understood to be supplied for missus and receptus as well. The coordinated verb transfugerit is also in the perfect subjunctive (or future perfect). These verbs present conditions that contrast with the case of being captured by the enemy (mentioned in §26.1.14.2), as they do not entail enslavement and consequent loss of status.
  2. §26.1.15.prpraesidibus — Ablative plural of praeses (governor). Here it refers to provincial governors, who had the authority to appoint a temporary substitute guardian during the absence of the original guardian.

Cite this passage

Justinian I, The Digest of Justinian §26.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.1.15.pr

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