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Justinian I · The Digest of Justinian §26.5.14.pr

Freedman's Duty as Tutor to Patron's Prospective Heirs

Passage 3816 of 9271 · Latin

Summary

Papinian rules that a freedman is only compelled to be a tutor to those children of his patron or patroness who can expect to succeed to the rights of patronage.

[IDEM libro duodecimo quaestionum. ] §26.5.14.prLibertus non aliis patroni patronaeue liberis tutor esse cogitur, quam qui iura patronatus sperare possunt.
[THE SAME, from the twelfth book of Questions.] A freedman is not compelled to be a tutor to any other children of his patron or patroness than those who can expect to have the rights of patronage.

Notes

  1. §26.5.14.prnon aliis ... quam qui ... — A comparative and restrictive correlative construction ("not to other ... than those who ..."). `aliis` is in the dative, modifying `liberis`. After `quam`, the antecedent of the relative clause introduced by `qui` (either `liberis` or the demonstrative `eis`) is elided, meaning that the freedman is not compelled to be a tutor for any children other than those who can expect the rights of patronage.
  2. §26.5.14.priura patronatus — "The rights of patronage" (patronal rights). This refers to the bundle of legal and status rights (such as the right to respect, maintenance, and certain succession rights) that a patron has over a freedman and their descendants as a result of manumission.

Cite this passage

Justinian I, The Digest of Justinian §26.5.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.5.14.pr

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