Humanitext Reader

Justinian I · The Digest of Justinian §33.8.9.pr-33.8.9.2

Deductions for Debts to Subordinate Slaves and Fellow-Slave Harm

Passage 5098 of 9271 · Latin

Summary

Paulus discusses that debts owed to a slave within a peculium are not deducted from the legacy, and that damages caused by a slave to a fellow slave are deducted, whereas self-inflicted injuries are not.

[Paulus libro quarto ad Sabinum. ] §33.8.9.prId quod seruo, qui in ipsius peculio est, debetur, non deducitur ex legato peculio, quamuis conseruus eius sit.
[PAULUS on Sabinus, Book IV] What is owed to a slave who is in his own peculium is not deducted from the legacyed peculium, although he is his fellow slave.
§33.8.9.1Si conseruum suum uulnerauerit seruus et uiliorem fecerit, Marcellus non esse dubitandum deduci ex peculio, quod domino interesset (nam quid interest, conseruum uulneret an scindat aliquid uel frangat an subripiat? quo casu sine dubio minuitur peculium), sed non ultra simplum.
If a slave has wounded his fellow slave and made him of less value, Marcellus says that there is no doubt that it is deducted from the peculium because it is of interest to the master (for what difference does it make whether he wounds a fellow slave, or cuts, breaks, or steals something? in which case the peculium is without doubt diminished), but not beyond the single value.
§33.8.9.2Sed si se uulnerauit uel etiam occidit, nihil est deducendum hoc nomine: alioquin dicemus et si fugerit, deducendum id, quanto uilior sit factus propter fugam.
But if he has wounded or even killed himself, nothing is to be deducted on this account; otherwise we shall say that if he has run away, there must be deducted the amount by which he was made of less value because of his flight.

Notes

  1. §33.8.9.prseruo, qui in ipsius peculio est — Here, 'ipsius' refers to the ordinary slave (servus ordinarius) to whom the peculium was legacyed. Thus, it refers to a debt owed by the ordinary slave to a subordinate slave (servus vicarius) who is part of his own peculium. This debt is not deducted from the legacy because it represents an asset within the subordinate slave's own holdings.
  2. §33.8.9.1non esse dubitandum deduci — Following 'non esse dubitandum' (there is no doubt), the passive infinitive 'deduci' (to be deducted) is used directly without the expected conjunction 'quin'. This construction treats 'non esse dubitandum' as equivalent to 'certum esse' (it is certain), or uses the infinitive as the subject of the expression.
  3. §33.8.9.1quod domino interesset — The impersonal verb 'interest' is combined with the dative 'domino' (for the master), meaning 'because it was of interest (representing a loss) to the master.' The imperfect subjunctive 'interesset' is employed because it is in a causal clause (quod) subordinate to Marcellus' opinion in reported speech.

Cite this passage

Justinian I, The Digest of Justinian §33.8.9.pr-33.8.9.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.8.9.pr-33.8.9.2

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.