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Justinian I · The Digest of Justinian §34.3.12.pr

Accounting duty of manager Eros and unentered sums

Passage 5212 of 9271 · Latin

Summary

Concerning the release and accounting duty of the manager Eros under Lucius Titius's codicil, the jurist discusses whether the heirs can claim unentered sums from the period signed by the deceased during his lifetime.

[IDEM libro trigesimo nono digestorum. ] §34.3.12.prLucius Titius cum Erotem actorem haberet, codicillis ita cauit: 'Erotem liberum esse uolo: quem rationes reddere uolo eius temporis, quod erit post nouissimam meam subscriptionem'. postea uiuus Erotem manu- misit in eodem actu habuit rationesque subscripsit usque in eum diem, qui fuit ante paucissimos dies quam moreretur.
[The same, in the thirty-ninth book of the Digests.] When Lucius Titius had Eros as his manager, he provided as follows in his codicil: "I wish Eros to be free; and I wish him to render accounts for that period which shall be after my most recent signature." Afterwards, during his lifetime, he manumitted Eros, kept him in the same employment, and signed the accounts right up to the day which was a very few days before he died.
heredes Lucii Titii dicunt quasdam summas et seruum adhuc Erotem et postea liberum accepisse ne|que in eas rationes, quae a Lucio Titio subscriptae sunt, intulisse: quaero, an heredes ab Erote nihil exigere debent eius temporis, quo Lucius Titius subscripsit.
The heirs of Lucius Titius say that Eros received certain sums of money both while he was still a slave and afterwards when he was free, and did not enter them into those accounts which were signed by Lucius Titius. I ask whether the heirs ought to demand nothing from Eros for the period in which Lucius Titius signed.
respondi Erotem ex ea causa quae proponeretur liberationem petere non posse, nisi et hoc specialiter ei remissum est.
I answered that, under the case proposed, Eros cannot seek release, unless this too was specifically remitted to him.

Notes

  1. §34.3.12.prquem — The relative pronoun quem refers to the antecedent Erotem and functions as the subject accusative of the infinitive reddere in the accusative-and-infinitive construction governed by uolo.
  2. §34.3.12.prante paucissimos dies quam moreretur — This is a split form of antequam ("before"), where paucissimos dies is an accusative expressing the interval of time. It takes the subjunctive imperfect moreretur to show the temporal relation to the past events in the main clause.
  3. §34.3.12.prseruum adhuc Erotem et postea liberum — This serves as the subject accusative of the infinitives accepisse and intulisse in the indirect speech, temporally describing and contrasting the change in Eros's legal status ("while still a slave" and "afterwards when free") at the times he received the sums.

Cite this passage

Justinian I, The Digest of Justinian §34.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.3.12.pr

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