Humanitext Reader

Justinian I · The Digest of Justinian §48.10.24.pr

Granting Freedom to a Slave Who Denounced a Will as Forged

Passage 8290 of 9271 · Latin

Summary

The slave Aithales accused his master's testament of being forged to one of the heirs, leading to a trial where the city prefect ruled the testament valid and confiscated the accusing heir's share. It is asked, and answered in the affirmative, whether Aithales is still entitled to his bequeathed freedom and trust.

[SCAEUOLA libro uicensimo secundo digestorum. ] §48.10.24.prAithales seruus, cui testamento Betiti Callinici per fideicommissum libertas et portio hereditatis relicta erat ab his, qui ex undecim portionibus heredes erant instituti, professus est indicium apud Maximillam filiam testatoris ex parte duodecima heredem scriptam: se posse probare falsum testamentum Betiti Callinici.
[SCAEVOLA, Digest, Book 22.] The slave Aithales, to whom by the testament of Betitus Callinicus freedom and a share of the inheritance had been left under a trust by those who had been appointed heirs for eleven shares, gave information to Maximilla, the daughter of the testator, who was written as heir to a twelfth share, that he could prove the testament of Betitus Callinicus to be forged.
et apud magistratus interrogatus a Maximilla professus est probaturum, quemadmodum falsum sit factum testamentum.
And when questioned by Maximilla before the magistrates, he declared that he would prove how the testament had been forged.
et cum in crimen falsi subscripsisset Maximilla in scriptorem testamenti et Proculum coheredem, acta causa praefectus urbi falsum testamentum non esse pronuntiauit et Maximillae partem duodecimam a fisco cogi iussit.
And when Maximilla had signed an accusation for the crime of forgery against the writer of the testament and her co-heir Proculus, after the case was tried, the prefect of the city pronounced that the testament was not forged and ordered Maximilla's twelfth share to be confiscated by the treasury.
quaesitum est, an Aithaleti libertas et fideicommissum post haec facta debeantur.
It was asked whether, after these events, freedom and the trust ought to be due to Aithales.
respondit secundum ea quae proponerentur deberi.
He answered that, according to the facts proposed, they were due.

Notes

  1. §48.10.24.prex undecim portionibus — In Roman testamentary law, an estate was traditionally divided into twelve parts (unciae). Here, "ex undecim portionibus" refers to the heirs appointed to eleven-twelfths of the estate, contrasted with the daughter Maximilla who was written as heir to the remaining one-twelfth (partem duodecimam). It indicates that the obligation of the trust (libertas et portio) was imposed on those eleven-twelfths heirs.
  2. §48.10.24.prprofessus est indicium — Meaning "he proffered information" or "he made a disclosure." The following accusative with infinitive clause "se posse probare..." is an indirect statement explaining the specific content of the disclosure (indicium) and depends directly on the main verb "professus est".
  3. §48.10.24.pra fisco cogi — The present passive infinitive of "cogere", meaning here "to be confiscated (collected) by the treasury (fiscus)." The subject is "Maximillae partem duodecimam" (Maximilla's twelfth share), forming an accusative with infinitive construction with the main verb "iussit" (iussit + accusative + passive infinitive). It indicates that her share was confiscated by the treasury as a penalty for bringing a false accusation (calumnia).
  4. §48.10.24.prdeberi — The present passive infinitive of "debere". In the accusative with infinitive construction introduced by the main verb of the response "respondit", the subject "libertas et fideicommissum" (freedom and the trust), which appeared in the preceding question "an Aithaleti libertas et fideicommissum... debeantur", is understood as the accusative subject and omitted.

Cite this passage

Justinian I, The Digest of Justinian §48.10.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.24.pr

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