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Justinian I · The Digest of Justinian §2.9.6.pr

Production of a Conditional Slave Manumitted as Agreed

Passage 324 of 9271 · Latin

Summary

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.

[PAULUS libro undecimo ad Sabinum. ] §2.9.6.prSed si statu liberum sisti promissum sit, in eadem causa sisti uidetur, quamuis liber sistatur, quod implicitus ei casus libertatis fuerit.
[PAULUS, in the eleventh book on Sabinus.] 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.

Notes

  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."

Cite this passage

Justinian I, The Digest of Justinian §2.9.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.9.6.pr

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