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Justinian I · The Digest of Justinian §38.1.20.pr-38.1.20.1

Travel for Performing Services and Counting Travel Days

Passage 5905 of 9271 · Latin

Summary

Discusses the praetor's restriction when the patron fails to allow adequate time, and the freedman's duty to travel to Rome for services along with the handling of service days during travel.

[PAULUS libro quadragensimo ad edictum. ] §38.1.20.prquod nisi fiat, praetorem ipsam patrono denegaturum operarum praestationem: idque est uerum, quia unusquisque, quod spopondit, suo impendio dare debet, quamdiu id quod debet in rerum natura est.
[PAULUS, in the fortieth book on the Edict.] And if this is not done, the praetor will refuse the performance of the services itself to the patron; and this is true, because everyone ought to give at his own expense what he has promised, as long as that which he owes exists in the nature of things.
§38.1.20.1Ex prouincia libertum Romam uenire debere ad reddendas operas Proculus ait: sed qui dies interea cesserint, dum Romam uenit, patrono perire, dummodo patronus tamquam uir bonus et diligens pater familias Romae moraretur uel in prouinciam proficiscatur: ceterum si uagari per orbem terrarum uelit, non esse iniungendam necessitatem liberto ubique eum sequi.
Proculus says that a freedman must come from the province to Rome to render his services; but that the days which have meanwhile passed while he is coming to Rome are lost to the patron, provided that the patron remains at Rome or is setting out for the province as an honorable man and diligent father of a family; but if he wishes to wander through the world, the necessity of following him everywhere should not be imposed on the freedman.

Notes

  1. §38.1.20.prquod nisi fiat — The relative connection `quod` refers to the content of the preceding section (§38.1.19.pr) regarding leaving sufficient time for the freedman to earn a living. The accusative with infinitive construction `praetorem... denegaturum` indicates that the indirect speech quoting Gaius from the previous section continues here.
  2. §38.1.20.1patrono perire — The subject of `perire` (to perish/be lost) is the preceding relative clause `qui dies interea cesserint` (the days which have meanwhile passed). `patrono` is a dative of disadvantage, indicating that the loss of services during the travel period falls upon the patron, who consequently cannot demand them.
  3. §38.1.20.1ubique eum sequi — The infinitive `sequi` is an appositional (or explanatory) infinitive defining `necessitatem`, meaning "the necessity of following him everywhere."

Cite this passage

Justinian I, The Digest of Justinian §38.1.20.pr-38.1.20.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.20.pr-38.1.20.1

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