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Justinian I · The Digest of Justinian §33.8.22.pr-33.8.22.1

Debt Payment for Peculium and Legacy of a Shared Vicarius

Passage 5111 of 9271 · Latin

Summary

This section discusses the effect of a manumitted slave's repayment of a debt on the recovery of his peculium, and the calculation of legacy shares regarding a jointly owned under-slave.

[LABEO libro secundo posteriorum a Iauoleno epitomatorum. ] §33.8.22.prDominus seruum testamento manumiserat et ei peculium legauerat: is seruus mille nummos domino debuerat et eos heredi soluit.
[From the second book of Labeo's Posthumous Works, epitomized by Javolenus.] A master had manumitted a slave by testament and had bequeathed his peculium to him: this slave had owed a thousand nummi to his master and paid them to the heir.
respondi omnes eas res deberi orcino, si pecuniam orcinus quam debuerat soluisset.
I answered that all those things were owed to the Orcinian slave, if the Orcinian had paid the money which he had owed.
§33.8.22.1Dominus seruum, qui cum eo uicarium communem habebat, testamento manumiserat et peculium ei legauerat, deinde ipsum uicarium, qui communis erat, nominatim et ipsi et libertae suae legauerat.
A master had manumitted by testament a slave who had a common under-slave with him, and had bequeathed his peculium to him; then he had bequeathed that very under-slave, who was common, by name to both him and his freedwoman.
respondi partem quartam libertae, reliquam partem quartam liberti futuram: quod et Trebatius.
I answered that a fourth part would belong to the freedwoman, and the remaining fourth part to the freedman; which Trebatius also thinks.

Notes

  1. §33.8.22.prorcino — orcinus (of Orcus) refers to a slave manumitted by testament, so called because the master is already in the underworld (Orcus) when the manumission takes effect. deberi (to be owed) is a passive infinitive with omnes eas res as its subject accusative, and orcino is a dative of reference ('owed to the Orcinian freedman').
  2. §33.8.22.1partem quartam libertae — futuram [esse] is a future infinitive taking the subject accusative partem quartam. libertae and liberti are genitives of possession. Regarding the fractional calculation, half (1/2) of the common under-slave was already bequeathed to the freedman as part of his peculium. The remaining half (1/2) belonged to the master, and because it was jointly bequeathed to both the freedman and the freedwoman, that 1/2 is equally divided, resulting in one-fourth (1/4) for each.

Cite this passage

Justinian I, The Digest of Justinian §33.8.22.pr-33.8.22.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.8.22.pr-33.8.22.1

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