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Justinian I · The Digest of Justinian §48.15.2.pr-48.15.2.3

Sale of Absent or Fugitive Slaves under the Fabian Law

Passage 8330 of 9271 · Latin

Summary

This section explains the scope of the Fabian law and the senate decree regarding the sale of absent or fugitive slaves, specifying cases of exemption and inclusion.

[IDEM libro nono de officio proconsulis. ] §48.15.2.prSciendum est legem Fabiam ad eos non pertinere, qui, cum absentes seruos haberent, eos uendiderunt: aliud est enim abesse, aliud in fuga esse.
[THE SAME, Book IX on the Office of Proconsul.] It must be known that the Fabian law does not apply to those who, when they had absent slaves, sold them; for it is one thing to be absent, and another to be in flight.
§48.15.2.1Item non pertinere ad eum, qui mandauit seruum fugitiuum persequendum et distrahendum: nec enim fugam uendidit.
Likewise, it does not apply to one who commissioned a fugitive slave to be pursued and sold; for he did not sell a flight.
§48.15.2.2Amplius dicendum est et si quis Titio mandauerit seruum fugitiuum adprehendendum, ut, si adprehendisset, eum emptum haberet, cessare senatus consultum.
Furthermore, it must be said that even if someone commissioned Titius to apprehend a fugitive slave, on the condition that, if he apprehended him, he should have him as purchased, the senate decree does not apply.
H §48.15.2.3oc autem senatus consulto domini quoque continentur, qui fugam seruorum suorum uendiderunt.
Th is senate decree, however, also includes those masters who sold the flight of their own slaves.

Notes

  1. §48.15.2.1non pertinere — The accusative-with-infinitive construction of indirect speech introduced by "Sciendum est" in the preceding section continues here, with the subject "legem Fabiam" being understood.
  2. §48.15.2.2eum emptum haberet — This construction features the perfect passive participle "emptum" as an object complement of "haberet" (to hold in a state of having been purchased), indicating that the sale is treated as concluded upon successful apprehension.
  3. §48.15.2.2H — Due to manuscript transmission or textual division, the demonstrative "Hoc" is split into "H" at the end of §48.15.2.2 and "oc" at the start of §48.15.2.3. The translations preserve this split.

Cite this passage

Justinian I, The Digest of Justinian §48.15.2.pr-48.15.2.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.15.2.pr-48.15.2.3

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