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Justinian I · The Digest of Justinian §34.9.1.pr

Deprivation of Legacies to Freedmen Accusing Deceased Patrons

Passage 5306 of 9271 · Latin

Summary

A rescript of the emperors stating that a freedman who accused his deceased patron of illicit trading is deprived of his legacy as unworthy, despite having received a reward.

[MARCIANUS libro sexto institutionum. ] §34.9.1.prDiui Seuerus et Antoninus rescripserunt quasi indignum carere legato seu fideicommisso libertum, quae ei testamento patroni relicta erant, cum patronum suum post mortem eius quasi illicitae mercis negotiatorem detulerat, quamuis et praemium meruit.
[MARCIANUS in the sixth book of Institutions.] The deified Severus and Antoninus wrote in a rescript that a freedman, as being unworthy, should be deprived of the legacy or fideicommissum which had been left to him by the testament of his patron, when he had reported his patron after his death as a trader in illicit merchandise, even though he also earned a reward.

Notes

  1. 34.9.1.prquasi indignum carere legato seu fideicommisso libertum — An accusative with infinitive (AcI) construction introduced by the main verb rescripserunt. Here, libertum is the subject accusative of the infinitive carere. Quasi indignum is a predicative apposition to libertum ("as unworthy"). The verb carere governs the ablative cases legato seu fideicommisso.
  2. 34.9.1.prquae ei testamento patroni relicta erant — The relative pronoun quae has legato seu fideicommisso as its antecedent; although the antecedent is a disjunction of singular nouns, the pronoun is in the neuter plural quae because it refers collectively to the bequeathed things or assets (treated as neuter plurals).
  3. 34.9.1.prquamuis et praemium meruit — In classical Latin, quamuis usually requires the subjunctive mood, but here the indicative perfect meruit is used. This emphasizes the actual, objective fact of having earned a reward (praemium) and also reflects the tendency to use the indicative with quamuis in post-classical and juristic Latin.

Cite this passage

Justinian I, The Digest of Justinian §34.9.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.1.pr

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