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Justinian I · The Digest of Justinian §39.4.13.pr-39.4.13.4

Application of Edict to Mine Lessees and Slave-Related Liability

Passage 6212 of 9271 · Latin

Summary

Gaius discusses the extension of the edict to mine operators and municipal tax-lessees, the master's liability in cases where the slave is disposed of, flees, or dies, and the perpetual transmissibility of the action to heirs.

[GAIUS libro tertio decimo ad edictum prouinciale. ] §39.4.13.prSed et hi, qui salinas et cretifodinas et metalla habent, publicanorum loco sunt.
[GAIUS, on the Provincial Edict, Book XIII.] But those also who possess salt-works, chalk-pits, and mines are in the position of tax-farmers.
§39.4.13.1Praeterea et si quis uectigal conductum a re publica cuiusdam municipii habet, hoc edictum locum habet.
Furthermore, even if anyone has a tax leased from the public body of some municipium, this edict has application.
§39.4.13.2Siue autem uendidit seruum uel manumisit uel etiam fugit seruus, tenebitur serui nomine, qui tam factiosam familiam habuit.
But whether he has sold the slave, or manumitted him, or even if the slave has fled, he who had so factious a household of slaves will be held liable on account of the slave.
§39.4.13.3Quid tamen, si seruus decesserit? uidendum, an publicanus teneatur quasi facti sui nomine: sed puto, quia facultatem non habet exhibendi nec dolus eius intercessit, debere eum liberari.
What, however, if the slave has died? It must be considered whether the tax-farmer is held liable as if on account of his own act; but I think that, since he has no power of producing him and no malice on his part intervened, he ought to be discharged.
§39.4.13.4Hanc actionem perpetuam dabimus et heredi ceterisque successoribus.
We shall grant this perpetual action also to the heir and other successors.

Notes

  1. §39.4.13.2Siue autem uendidit seruum uel manumisit uel etiam fugit seruus, tenebitur — The subject of 'uendidit' (sold) and 'manumisit' (manumitted) is the implied antecedent of the relative clause 'qui... habuit' (he who had...). In contrast, in the clause 'uel etiam fugit seruus', 'seruus' (the slave) becomes the subject. The overall structure is 'whether [the master] sold or manumitted [the slave], or even if the slave fled, [the master] will be held liable'.
  2. §39.4.13.3an publicanus teneatur quasi facti sui nomine — The question 'whether the tax-farmer is held liable as if on account of his own act.' If the slave dies, physical production (exhibere) becomes impossible. The issue is whether the master remains directly liable as if for his own personal wrongdoing (without the option of noxal surrender). Gaius concludes that unless the master's malice (dolus) was involved in the impossibility of production, he should be discharged (liberari).
  3. §39.4.13.4actionem perpetuam — 'Perpetual action.' While many praetorian actions (especially penal or quasi-delictual ones) were subject to a one-year time limit (annua) by default, Gaius notes that the action under this edict is perpetual (perpetuam) and can be brought against heirs without such a time limit.

Cite this passage

Justinian I, The Digest of Justinian §39.4.13.pr-39.4.13.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.4.13.pr-39.4.13.4

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