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Justinian I · The Digest of Justinian §20.2.9.pr

Manumission of Slaves Pledged for Rent and Nerva's Anecdote

Passage 2957 of 9271 · Latin

Summary

The text explains the difference between tacit pledges for rent and express agreements, stating that tenants can manumit slaves before being locked out for non-payment, and recounts a famous anecdote of the jurist Nerva being ridiculed.

[IDEM libro singulari de officio praefecti uigilum. ] §20.2.9.prEst differentia obligatorum propter pensionem et eorum, quae ex conuentione manifestari pignoris nomine tenentur, quod manumittere mancipia obligata pignori non possumus, inhabitantes autem manumittimus, scilicet antequam pensionis nomine percludamur: tunc enim pignoris nomine retenta mancipia non liberabimus: et derisus Nerua iuris consultus, qui per fenestram monstrauerat seruos detentos ob pensionem liberari posse.
[THE SAME, in his single book on the Office of the Prefect of the Watch.] There is a difference between things obligated on account of rent and those which are held under the name of a pledge clearly by agreement, in that we cannot manumit slaves pledged to a creditor, whereas when we are tenants we do manumit them, provided of course it is before we are shut out on account of the rent: for then we shall not free the slaves retained under the name of a pledge. And Nerva the jurist was ridiculed, who had pointed out that slaves detained on account of rent could be manumitted through a window.

Notes

  1. §20.2.9.prdifferentia ... quod — The clause introduced by "quod" explains the specific content of the noun "differentia" as an appositional clause of fact.
  2. §20.2.9.prmanifestari — The manuscript reading "manifestari" (passive infinitive "to be made manifest") is emended to the adverb "manifeste" (clearly) in many critical editions. This translation follows this common emendation, interpreting it as "clearly by agreement".
  3. §20.2.9.prinhabitantes — A present participle in the nominative plural, modifying the implied subject "we" of the verb "manumittimus", expressing the condition or status of "while we are residing as tenants".
  4. §20.2.9.prderisus Nerva — An ellipsis of the auxiliary verb "est", standing for "derisus est Nerva" (Nerva was ridiculed) in the perfect passive.

Cite this passage

Justinian I, The Digest of Justinian §20.2.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.9.pr

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