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Justinian I · The Digest of Justinian §1.7.46.pr

Paternal Power Over a Son Born in Slavery

Passage 148 of 9271 · Latin

Summary

It explains that a freed father can bring a son, who was acquired while the father was in slavery, under his paternal power by imperial favor, but the son's status remains that of a freedman.

[ULPIANUS libro quarto ad legem Iuliam et Papiam. ] §1.7.46.prIn seruitute mea quaesitus mihi filius in potestatem meam redigi beneficio principis potest: libertinum tamen eum manere non dubitatur.
[ULPIANUS, On the Lex Julia et Papia, book 4.] A son acquired for me while I was in slavery can, by the favor of the emperor, be brought under my paternal power; nevertheless, there is no doubt that he remains a freedman.

Notes

  1. §1.7.46.prIn seruitute mea quaesitus — In seruitute mea (in my servitude) means "while I was in slavery." quaesitus is the perfect passive participle of quaerere (to acquire), modifying the subject noun filius. The phrase refers to a child born during the period when the father was still a slave.
  2. §1.7.46.prlibertinum tamen eum manere non dubitatur — The passive verb non dubitatur (it is not doubted) is used impersonally, governing the accusative and infinitive construction eum... manere (that he remains). libertinum (freedman) is a predicate accusative agreeing with the subject accusative eum.

Cite this passage

Justinian I, The Digest of Justinian §1.7.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.46.pr

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