Humanitext Reader

Justinian I · The Digest of Justinian §30.1.45.pr-30.1.45.2

Validity of Resold Legacies and Warranty for Generic Slaves

Passage 4641 of 9271 · Latin

Summary

This text discusses the validity of a legacy of female slaves purchased from a ward and sold before knowing of the legacy, and defines the scope of guarantees that an heir must provide when generally obligated to deliver a slave.

[POMPONIUS libro sexto ad Sabinum. ] §30.1.45.prSi a substituto pupilli ancillas tibi legas sem easque tu a pupillo emisses et antequam scires tibi legatas esse alienaueris, utile legatum esse Neratius et Aristo et Ofilius probant.
[POMPONIUS, Book 6 on Sabinus.] If [the testator] had bequeathed female slaves to you from [the share of] the substitute of a ward, and you had purchased them from the ward, and had alienated them before you knew they had been bequeathed to you, Neratius, Aristo, and Ofilius approve that the legacy is valid.
§30.1.45.1Heres generaliter dare damnatus sanum eum esse promittere non debet, sed furtis et noxiis solutum esse promittere debebit, quia ita dare debet, ut eum habere liceat: sanitas autem serui ad proprietatem eius nihil pertinet: sed ob id, quod furtum fecit seruus aut noxam nocuit, euenit, quo minus eum habere domino liceat, sicuti ob id, quod obligatus est fundus, accidere possit, ut eum habere domino non liceat.
An heir who is condemned generally to deliver [a slave] does not have to promise that he is healthy, but he will have to promise that he is free from liability for thefts and damages; because he must deliver him in such a way that the legatee is permitted to keep him. The health of a slave, however, has nothing to do with the ownership of him; but on account of the fact that the slave has committed a theft or caused damage, it happens that the owner is not permitted to keep him, just as, on account of the fact that a piece of land is mortgaged, it can happen that the owner is not permitted to keep it.
§30.1.45.2Si uero certus homo legatus est, talis dari debet, qualis est.
If, however, a specific slave is bequeathed, he must be delivered just as he is.

Notes

  1. 30.1.45.prlegas sem — The spelling 'legas sem' in the text is a corrupt reading or scanning error for 'legasset' (subjunctive pluperfect third-person singular, 'had bequeathed'). This conditional clause is introduced by 'Si' and has the testator as its implied subject.
  2. 30.1.45.1furtis et noxiis solutum esse — The infinitive clause with the ablatives of separation 'furtis' and 'noxiis' means 'to be free from [liability for] thefts and damages.' It refers to the heir's obligation to guarantee to the legatee, via formal promise (promittere), that the slave delivered under a general obligation is free from any outstanding liabilities for past wrongdoings.
  3. 30.1.45.1quo minus eum habere domino liceat — The conjunction 'quo minus' (or 'quominus') introduces a clause of result depending on the verb 'euenit' ('it happens'), meaning 'with the result that the owner is not permitted to keep him.' It describes the risk of losing the slave through noxal surrender or subsequent legal action due to past offenses.

Cite this passage

Justinian I, The Digest of Justinian §30.1.45.pr-30.1.45.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.45.pr-30.1.45.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.