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Justinian I · The Digest of Justinian §26.2.32.pr-26.2.32.2

Appointment of Foreigners and Underage Slaves as Tutors

Passage 3778 of 9271 · Latin

Summary

Paulus responds on whether foreign citizens can be appointed as tutors, the liability of a tutor appointed for his knowledge of affairs, and the legal status of an underage slave appointed as a tutor without an explicit grant of freedom, noting that the slave becomes free upon entry into the inheritance but is only burdened with the duty after reaching the lawful age.

[PAULUS libro nono responsorum. ] §26.2.32.prQuaero, an non eiusdem ciuitatis ciues testamento quis tutores dare possit? Paulus respondit posse.
[PAULUS, from the ninth book of Opinions.] I ask whether someone can by will appoint as tutors citizens who do not belong to the same state? Paulus replied that they can.
§26.2.32.1Idem Paulus respondit eum quoque, qui propter rerum notitiam tutor datus est, perinde in omnibus et administrationis et accessionis iure conueniri posse atque ceteros tutores, qui eodem testamento dati sunt.
The same Paulus replied that a person who was appointed tutor because of his familiarity with the affairs can also be sued in all matters under the law of both administration and accession, just like the other tutors appointed by the same will.
§26.2.32.2Lucius Titius heredes instituit filios suos pupillaris aetatis eisque tutores his uerbis dedit: 'filiis meis tutores sunto Gaius Maeuius et Lucius Eros', qui Eroti libertatem non dedit: fuit autem Eros intra uiginti quinque annos aetatis: quaero an possit libertatem sibi uindicare.
Lucius Titius appointed his sons, who were under the age of puberty, as his heirs, and appointed tutors for them in these words: 'Let Gaius Maevius and Lucius Eros be tutors to my sons.' He did not, however, grant freedom to Eros. Moreover, Eros was under twenty-five years of age. I ask whether he can claim freedom for himself.
Paulus respondit, quoniam placet eum, qui a domino tutor datus est, libertatem quoque meruisse uideri, eum quoque de quo quaeritur in eadem causa habendum et liberum quidem ab adita hereditate esse, tutela autem post legitimam aetatem onerari.
Paulus replied that, since it is accepted that he who is appointed tutor by his master is deemed also to have deserved freedom, the person in question must also be held in the same position, and is indeed free from the time the inheritance is entered upon, but is burdened with the tutelage only after the lawful age.

Notes

  1. §26.2.32.prnon eiusdem ciuitatis ciues — Refers to citizens who do not belong to the same *civitas* (city-state). The genitive `eiusdem ciuitatis` functions as a genitive of quality modifying `ciues`.
  2. §26.2.32.1administrationis et accessionis iure conueniri — `conueniri` means "to be sued" or "to be summoned as a defendant." `iure` is an ablative of means/cause, indicating that the tutor can be sued under the legal liability arising both from the administration (*administratio*) itself and from any accessory or supplementary liability (*accessio*) as a co-tutor.
  3. §26.2.32.2ab adita hereditate — `adita` is the perfect passive participle of the verb `adire` (to enter upon/accept an inheritance). `ab adita hereditate` is a participial construction expressing the starting point in time: "from the entry upon the inheritance." The slave's liberation takes effect at the moment the heir accepts the inheritance.
  4. §26.2.32.2tutela autem post legitimam aetatem onerari — An accusative with infinitive construction (the passive infinitive `onerari` dependent on `respondit`, with the subject accusative being `eum quoque`). Since Eros is under twenty-five, he cannot immediately assume the duty; the burden of tutelage (*tutela*, ablative) is imposed (*onerari*) on him only after he reaches the lawful age.

Cite this passage

Justinian I, The Digest of Justinian §26.2.32.pr-26.2.32.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.32.pr-26.2.32.2

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