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Justinian I · The Digest of Justinian §29.5.2.pr

Exemption from Punishment by the Master's Will

Passage 4547 of 9271 · Latin

Summary

Emperor Marcus Commodus rules in a rescript that slaves whose master cleared them of neglect of duty in his will, after being wounded while fleeing from robbers, should not be punished.

[CALLISTRATUS libro quinto de cognitionibus. ] §29.5.2.prDiuus Marcus Commodus Pisoni rescripsit in haec uerba: 'Cum constiterit apud te, Piso carissime, Iulium Donatum, posteaquam conterritus aduentu latronum profugerat uillam suam, uulneratum esse, mox testamento facto purgasse officium seruorum suorum, nec pietas pro seruis nec sollicitudo heredis optinere debet, ut ad poenam uocentur, quos absoluit dominus ipse'.
[CALLISTRATUS, from the fifth book on Extraordinary Jurisdictions.] The deified Marcus Commodus replied by rescript to Piso in these words: 'When it is established before you, dearest Piso, that Julius Donatus, after he had fled from his villa, terrified by the arrival of robbers, was wounded, and soon after, having made a will, cleared the duty of his slaves, neither compassion for the slaves nor the concern of the heir ought to prevail so that those whom the master himself acquitted are summoned to punishment.'

Notes

  1. §29.5.2.prpurgasse officium seruorum suorum — Meaning 'cleared the duty of his slaves.' Here, 'purgasse' (a contracted form of 'purgauisse') signifies that the master, by his will, acquitted or cleared the slaves of the guilt of neglecting their 'duty (officium)' to protect their master.
  2. §29.5.2.prnec pietas pro seruis nec sollicitudo heredis optinere debet — Meaning 'neither compassion for the slaves nor the concern of the heir ought to prevail.' It indicates that since the master himself acquitted them before his death, neither the compassion (pietas) of third parties trying to protect the slaves nor the persistent concern/prosecution (sollicitudo) of the heir seeking strict enforcement of the senatusconsult should have legal effect (optinere).

Cite this passage

Justinian I, The Digest of Justinian §29.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.5.2.pr

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