Humanitext Reader

Justinian I · The Digest of Justinian §49.15.30.pr

Conditions for Recovery by Postliminium and Runaway Slaves

Passage 8602 of 9271 · Latin

Summary

Labeo asserts that captured property is recovered by postliminium as soon as it enters the empire, but Paulus qualifies this by arguing that a runaway slave, even if in Rome, is not recovered if not under his master's control.

[IDEM libro octauo pithanon a Paulo epitomatorum. ] §49.15.30.prSi id, quod nostrum hostes ceperunt, eius generis est, ut postliminio redire possit: simul atque ad nos redeundi causa profugit ab hostibus et intra fines imperii nostri esse coepit, postliminio redisse existimandum est.
[THE SAME, Book 8 of Plausibilities, epitomized by Paul] that which the enemy captured from us is of such a kind that it can return by postliminium: as soon as it has fled from the enemy for the purpose of returning to us and has begun to be within the boundaries of our empire, it must be considered to have returned by postliminium.
PAULUS. immo cum seruus ciuis nostri ab hostibus captus inde aufugit et uel in urbe Roma ita est, ut neque in domini sui potestate sit neque ulli seruiat, nondum postliminio redisse existimandum est.
PAULUS. Nay rather, when a slave of our citizen, having been captured by the enemy, has fled from there and, even in the city of Rome, is in such a condition that he is neither in the power of his master nor serves anyone, he must not yet be considered to have returned by postliminium.

Notes

  1. 49.15.30.preius generis est, ut — eius generis is a genitive of quality, with the following ut clause introducing a clause of result or character ("of such a kind that...").
  2. 49.15.30.pruel in urbe Roma ita est, ut — The particle uel is used here with a concessive or emphatic force ("even", "even if"). ita... ut introduces a consecutive clause of result (or manner), describing a state of limbo where the slave, although physically present in the heart of the empire (Rome), has not yet achieved the actual return to his master's control necessary for the completion of postliminium.

Cite this passage

Justinian I, The Digest of Justinian §49.15.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.15.30.pr

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