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Justinian I · The Digest of Justinian §32.0.82.pr

Inclusion of Runaway Slaves in Estate Bequests

Passage 4906 of 9271 · Latin

Summary

It states that if a slave accustomed to staying on an estate runs away, he is still included in the bequest of the estate equipped with its implements, even if he is captured after the testator's death.

[IDEM libro nono regularum. ] §32.0.82.prSeruus, qui in fundo morari solitus erat, si fugerit, licet post mortem testatoris adprehendatur, fundo legato, ut instructus est, etiam ipse legato cedit.
[THE SAME, from his ninth book of Rules.] A slave who was accustomed to stay on an estate, if he should run away, even though he is apprehended after the death of the testator, when the estate is bequeathed as equipped, he himself also goes with the bequest.

Notes

  1. §32.0.82.prlegato cedit — The verb `cedere` (here the third-person singular present `cedit`) takes the dative `legato` (from `legatum`, 'bequest') to mean 'to go with the bequest' or 'to be included in the bequest'. The subject is `Seruus` at the beginning of the sentence.
  2. §32.0.82.prfundo legato, ut instructus est — `fundo legato` is an ablative absolute construction ('when the estate is bequeathed'). The inserted comparative clause `ut instructus est` (literally 'as it has been equipped') indicates that the estate is bequeathed along with its necessary equipment or implements (instrumentum).

Cite this passage

Justinian I, The Digest of Justinian §32.0.82.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.82.pr

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