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The Digest of Justinian

§4.3.32.pr

Manumission before Accounting and Action for Fraud

In a case where a co-heir was requested by trust to manumit a slave after rendering accounts but did so beforehand, it was ruled that although he is not liable under the trust itself, he may face an action for fraud if he acted in bad faith to avoid rendering the accounts.

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[SCAEUOLA libro secundo digestorum.]

[SCAEUOLA libro secundo digestorum.]

§4.3.32.pr

​Filius legatum sibi seruum per praeceptionem rogatus manumittere post certum tempus, posteaquam rationes ipsi et coheredibus fratribus reddidisset, ante diem et ante redditas rationes1 ad libertatem uindicta manumittendo perduxerat:2 quaesitum est, an ex fideicommisso fratribus tenetur, ut rationes eorum pro portionibus redderet. respondi, cum liberum fecisset, ex causa quidem fideicommissi non teneri: uerum si ideo properasset manumittere, ne rationes fratribus redderet, posse de dolo actionem in eum exercere.

​A son, who had been requested by way of trust to manumit a slave bequeathed to him by preception after a certain period, and after the slave should have rendered accounts to him and his co-heir brothers, had brought the slave to freedom by manumitting him by vindicta before the appointed day and before rendering the accounts. The question was asked whether he is bound to his brothers under the trust to render their accounts in proportion to their shares. I replied that, since he had made him free, he is indeed not bound on the ground of the trust; but if he had hastened to manumit him for the very purpose of not rendering the accounts to his brothers, an action for fraud can be brought against him.

Syntax notes2 items
  1. 4.3.32.prante redditas rationes

    The preposition ante followed by the noun rationes and the perfect passive participle redditas functions as an 'ab urbe condita' construction, meaning 'before the rendering of accounts' rather than 'before the accounts which had been rendered.'

  2. 4.3.32.prFilius legatum sibi seruum per praeceptionem rogatus manumittere... perduxerat

    The core grammatical skeleton is Filius (subject) perduxerat (verb) seruum (object). Complex nesting is created by legatum (participle modifying seruum) and rogatus (participle modifying Filius, indicating the request for a trust).

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
  • 2026-09-21 AI review — translation 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.32.pr