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Justinian I · The Digest of Justinian §38.2.48.pr

Denial of Possession to Patrons Accusing Freedmen of Grave Crimes

Passage 5984 of 9271 · Latin

Summary

Scaevola responds that if a patron accuses his freedman of a serious crime of housebreaking that would lead to condemnation to the mines if proven, the patron must be denied the possession of the freedman's goods.

[SCAEUOLA libro secundo responsorum. ] §38.2.48.prQuaero de eo, qui libertum effracturae crimine accusauit.
[SCAEUOLA, in the second book of Responses.] I ask concerning a patron who accused his freedman of the crime of housebreaking.
respondit, si eiusmodi effracturae crimine accusatus sit, ex quo, si probaretur, in metallum datus esset, denegandam bonorum possessionem.
He answered that, if the freedman was accused of such a crime of housebreaking from which, if it were proved, he would have been condemned to the mines, possession of the goods ought to be denied.

Notes

  1. §38.2.48.prdenegandam bonorum possessionem — This is an accusative with infinitive clause (with esse omitted) depending on the main verb respondit. The 'denial of the possession of goods' means that the patron (who accused his freedman of a capital crime leading to the loss of citizenship and liberty, i.e., being sent to the mines) is denied the right to claim the possession of the freedman's goods.
  2. §38.2.48.prex quo, si probaretur, in metallum datus esset — A nested structure where the conditional clause si probaretur is inserted inside the relative clause ex quo... datus esset. The subjunctive imperfect (probaretur) and pluperfect (datus esset) are used due to the indirect speech or to express a hypothetical past scenario. Being 'condemned to the mines' (in metallum datus esset) refers to a severe penalty under Roman law that resulted in the loss of citizenship and liberty.

Cite this passage

Justinian I, The Digest of Justinian §38.2.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.48.pr

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