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Justinian I · The Digest of Justinian §29.5.8.pr-29.5.8.1

Refund for Executed Slaves and Filius's Military Peculium

Passage 4554 of 9271 · Latin

Summary

It details the seller's obligation to refund the price under the Senatus Consultum Pisonianum when a slave subject to punishment is sold, and outlines the conditions under which a slain son's military peculium reverts to the treasury instead of negligent heirs.

[IDEM libro quadragensimo sexto ad edictum. ] §29.5.8.prSenatus consulto Pisoniano cauetur, ut, si poenae obnoxius seruus uenisset, quandoque animaduersum in eum esset, ut uenditor pretium praestaret, ne emptori iniuriam fecisse uideatur senatus.
[THE SAME, in his forty-sixth book on the Edict.] It is provided by the Senatus Consultum Pisonianum that if a slave subject to punishment has been sold, and at any time punishment is executed upon him, the seller must refund the price, so that the Senate may not seem to have done an injustice to the buyer.
§29.5.8.1Si filius familias, qui in castrensi peculio testatus est, occisus sit, omnimodo id defendendum est, ut, ex quibus casibus ad fiscum patris familias bona pertinent, his casibus et huius peculium, potius quam ad heredes, qui deliquerunt in adeundo et similibus ultiue non sunt.
If a son-in-power, who has made a will regarding his military peculium, is killed, it must by all means be maintained that, in those cases in which the property of a father-of-a-family goes to the treasury, in these cases this son's peculium also goes to the treasury, rather than to the heirs who have been negligent in entering upon the inheritance or in similar matters, or who have not avenged his death.

Notes

  1. §29.5.8.prcauetur, ut, si ... ut uenditor — The conjunction ut introducing the noun clause governed by cauetur is duplicated as ut uenditor after the insertion of the conditional clauses (si... esset). This is a syntactic duplication to resume the main structure of the clause after a long parenthesis.
  2. §29.5.8.1ex quibus casibus ... his casibus et huius peculium — The correlative construction ex quibus casibus ... his casibus (in the same cases as... in these cases) is used. After his casibus, the verb phrase ad fiscum pertineat from the preceding relative clause is omitted, and must be supplied: 'this son's peculium also [goes to the treasury]'.
  3. §29.5.8.1ultiue non sunt — ulti is the perfect participle of the deponent verb ulciscor (to avenge, punish), and ulti non sunt means 'they have not avenged'. Under the Senatus Consultum Silanianum, heirs were obliged to investigate and avenge the death of a master killed by slaves; failure to do so resulted in the forfeiture of the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §29.5.8.pr-29.5.8.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.5.8.pr-29.5.8.1

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