Humanitext Reader

Justinian I · The Digest of Justinian §1.1.4.pr

Origin of Slavery and Manumission under the Law of Nations

Passage 4 of 9271 · Latin

Summary

Explains the concept and etymology of manumission, and describes how the introduction of servitude by the law of nations—in contrast to natural law under which all were born free—led to the existence of manumission and divided humanity into three classes: free persons, slaves, and freedmen.

[ULPIANUS libro primo institutionum. ] §1.1.4.prManumissiones quoque iuris gentium sunt.
[ULPIAN in the first book of the Institutes.]\n\nManumissions also belong to the law of nations.
est autem manumissio de manu missio, id est datio libertatis: nam quamdiu quis in seruitute est, manui et potestati suppositus est, manumissus liberatur potestate.
Now manumission is a sending away from the hand, that is, the granting of freedom: for as long as anyone is in servitude, he is subjected to the hand and power, but once manumitted, he is freed from that power.
quae res a iure gentium originem sumpsit, utpote cum iure naturali omnes liberi nascerentur nec esset nota manumissio, cum seruitus esset incognita: sed posteaquam iure gentium seruitus inuasit, secutum est beneficium manumissionis.
This institution took its origin from the law of nations, inasmuch as by natural law all were born free, and manumission was not known, since servitude was unheard of: but after servitude entered by the law of nations, the benefit of manumission followed.
et cum uno naturali nomine homines appellaremur, iure gentium tria genera esse coeperunt: liberi et his contrarium serui et tertium genus liberti, id est hi qui desierant esse serui.
And whereas by the single natural name we were called \"human beings,\" by the law of nations three classes began to exist: free persons, and their opposite, slaves, and a third class, freedmen, that is, those who had ceased to be slaves.

Notes

  1. §1.1.4.priuris gentium — A genitive used predicatively (genitive of possession or characteristic), meaning "belonging to" or "derived from" the law of nations.
  2. §1.1.4.prde manu missio — An etymological analysis of the noun manumissio. It refers to the act of "sending away" (mittere) from the "hand" (manus), which symbolizes the master's authority, thereby meaning the legal act of freeing a slave.
  3. §1.1.4.prutpote cum — Used with the subjunctive verbs nascerentur and esset to state a clear explanation or causal reason ("inasmuch as," "since").
  4. §1.1.4.pruno naturali nomine — Ablative of means or standard, meaning "by a single natural name." It expresses the original unity of the human species as "human beings" (homines).

Cite this passage

Justinian I, The Digest of Justinian §1.1.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.1.4.pr

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