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Justinian I · The Digest of Justinian §40.7.31.pr-40.7.31.1

Condition of Rendering Accounts and Death of a Co-freed Slave

Passage 6502 of 9271 · Latin

Summary

On the obligation of a slave bequeathed under the condition of submitting accounts, and the effect of the death of one slave on the freedom of a companion conditionally freed together with him.

[GAIUS libro tertio decimo ad legem Iuliam et Papiam. ] §40.7.31.prSi seruo sub condicione rationum editarum legatum sit, per eam condicionem eum iussum esse legatum accipere, ut pecuniam reliquorum reddat, non dubitatur.
[GAIUS, from the thirteenth book on the Lex Iulia et Papia.] If a legacy is bequeathed to a slave under the condition of submitting accounts, there is no doubt that by this condition he is ordered to receive the legacy on terms of paying back the money of the balances.
§40.7.31.1Et ideo cum quaesitum est 'Stichus cum rationes dederit, cum contubernali sua liber esto' an mortuo Sticho ante condicionem contubernalis eius libera esse possit: Iulianus dixit quaestionem esse in hac specie, quae et in legatis agitatur 'illi cum illo do', an altero deficiente alter ad legatum admittatur: quod magis sibi placere, perinde ac si ita scriptum esset 'illi et illi'. aliam etiam esse quaestionem, an contubernali quoque condicio iuncta sit: quod magis esset.
And therefore, when it was asked, regarding the clause "Let Stichus, when he has rendered his accounts, be free together with his companion," whether, if Stichus dies before the condition is fulfilled, his companion can be free: Julianus said that the question in this case is of the same kind as that which is debated in the case of legacies, "I give to X along with Y," namely, whether if one fails, the other is admitted to the legacy; which was more pleasing to him, just as if it had been written "to X and to Y." There is also another question, whether the condition is also linked to the companion: which was more likely the case.
itaque si nulla reliqua Stichus habuerit, statim eam liberam esse, si habuerit reliqua, debere eam numerare pecuniam: nec tamen liciturum ex suo peculio dare, quia id illis permissum sit, qui principaliter pro sua libertate pecuniam dare iubentur.
Therefore, if Stichus had no outstanding balances, she is free immediately; if he had balances, she must pay the money; and yet it will not be permitted to pay it out of her own peculium, because this is allowed to those who are principally ordered to give money for their own freedom.

Notes

  1. §40.7.31.prrationum editarum — A genitive phrase meaning "of submitted accounts." It indicates the content of the condition (condicio) for receiving the legacy, where the slave must submit accounts (rationes) to the master and settle any outstanding balances (reliqua).
  2. §40.7.31.1illi cum illo do — A formulaic legacy phrase meaning "I give to X along with Y." It points to the legal issue of whether an expression using the preposition `cum` operates like the conjunction `et` ("I give to X and Y") so that if one of the co-legatees dies before the fulfillment of the condition, the legacy to the other remains valid.
  3. §40.7.31.1quod magis esset — A determination responding to the preceding question (whether the condition is also linked to the female companion). The impersonal use of `esse` (here in the imperfect subjunctive `esset`) means "it is rather the case," indicating the affirmative conclusion that the condition imposed on Stichus also extends to his companion who is to be freed along with him.
  4. §40.7.31.1nec tamen liciturum ex suo peculio dare — The subject of the accusative-with-infinitive `liciturum [esse]` is the act of giving (`dare`). Since a slave's peculium is legally the property of the master, this reflects the legal interpretation that she is not allowed to pay from her peculium, except in cases where a slave is principally (principaliter) ordered to pay for their own freedom.

Cite this passage

Justinian I, The Digest of Justinian §40.7.31.pr-40.7.31.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.31.pr-40.7.31.1

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