Humanitext Reader

Justinian I · The Digest of Justinian §28.7.22.pr

Why Masters Cannot Make Their Slaves' Freedom a Condition

Passage 4342 of 9271 · Latin

Summary

Gaius explains why a master cannot appoint his own slave as heir under the condition "when he shall be free," arguing that the master who has the power to free him must do so himself, rather than relying on the contingency of the slave obtaining freedom from someone else.

[GAIUS libro octauo decimo ad edictum prouinciale. ] §28.7.22.prquia ratio suadet eum qui libertatem dare potest, ipsum debere aut praesenti die aut in diem aut sub condicione dare libertatem nec habere facultatem in casum a quolibet obuenientis libertatis heredem instituere.
[GAIUS, in the eighteenth book on the Provincial Edict.] because reason dictates that he who is able to grant freedom ought himself to grant freedom either immediately, or on a specified day, or under a condition, and does not have the power to appoint him heir in the event of freedom coming to him from anyone whomsoever.

Notes

  1. §28.7.22.prratio suadet — The verb suadeo (to recommend, advise) usually takes an ut-clause with the subjunctive. However, in legal texts, when ratio (reason, legal principle) is the subject, it often takes an Accusative with Infinitive (A.C.I.) construction (here, eum ... debere ... nec habere ...) to mean "reason dictates or suggests that..."
  2. §28.7.22.prin casum a quolibet obuenientis libertatis — The prepositional phrase in casum (in the event of, depending on the case of) is followed by the genitive obuenientis libertatis (of freedom coming or happening). The phrase a quolibet (from anyone whomsoever) modifies the present participle obuenientis, meaning "in the contingent event of freedom being obtained from any other person."

Cite this passage

Justinian I, The Digest of Justinian §28.7.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.7.22.pr

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