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The Digest of Justinian

§2.9.6.pr

Production of a Conditional Slave Manumitted as Agreed

Paulus argues that if there was a promise to produce a conditional slave (statu liber), even if he is produced as a free man, he is deemed to be produced in the same condition because the potential for freedom was inherent in him from the beginning.

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[PAULUS libro undecimo ad Sabinum.]

[PAULUS, in the eleventh book on Sabinus.]

§2.9.6.pr

​Sed si statu liberum1 sisti promissum sit, in eadem causa sisti uidetur, quamuis liber sistatur, quod implicitus ei casus libertatis fuerit.2

​But if it has been promised that a conditional slave be produced, he is deemed to be produced in the same condition, even though he is produced as a free man, because the event of freedom was inherent in him.

Syntax notes2 items
  1. 2.9.6.prstatu liberum

    Refers to a "conditional slave" (statu liber), a slave who is to become free upon the fulfillment of a certain condition (such as making a payment or serving for a certain period) specified in a will. Syntactically, it is the accusative subject of the infinitive clause statu liberum sisti.

  2. 2.9.6.primplicitus ei casus libertatis fuerit

    fuerit is the verb, with casus as the nominative subject and implicitus as the perfect participle (used adjectivally) modifying the subject. ei is the dative depending on implicitus ("inherent in him"). It literally translates to "because the event of freedom was implicit (inherent) in him."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.9.6.pr