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Justinian I · The Digest of Justinian §1.14.1.pr

Manumission by a Father Before a Son Serving as Praetor

Passage 178 of 9271 · Latin

Summary

This section provides an exception stating that if a praetor is a filius familias (a son of a family), his father is permitted to manumit a slave before him.

[ULPIANUS libro uicensimo sexto ad Sabinum. ] §1.14.1.prApud filium familias praetorem potest pater eius manumittere.
[ULPIANUS, in his twenty-sixth book On Sabinus.] Before a son of a family who is a praetor, his father can manumit a slave.

Notes

  1. §1.14.1.prfilium familias — Accusative of filius familias ('son of a family'), referring to a son subject to paternal power (patria potestas). Under Roman law, although a filius familias was subject to paternal authority in private law, he was fully capable in public law of holding magistracies such as the praetorship. While a father generally could not perform legal acts before his own dependent son due to the nature of paternal power, an exception was made when the son acted in his public capacity as a praetor.
  2. §1.14.1.prapud — A preposition governing the accusative, meaning here 'before' or 'in the presence of' a magistrate exercising his jurisdiction. It specifically refers to formal manumission (manumissio vindicta) performed before a praetor.

Cite this passage

Justinian I, The Digest of Justinian §1.14.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.14.1.pr

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