Humanitext Reader

Justinian I · The Digest of Justinian §29.7.11.pr

Birth of a Posthumous Child and Duty of Manumission by Codicil

Passage 4587 of 9271 · Latin

Summary

A case where a testator, unaware of his wife's pregnancy, granted freedoms through a codicil addressed to his son; upon the birth of a posthumous daughter who was not contemplated, it was held that only the son must provide the freedoms.

[IDEM libro nono decimo quaestionum. ] §29.7.11.prQui graui utero uxorem esse ignorabat, codicillis ad filium scriptis libertates dedit.
[THE SAME, in his nineteenth book of Questions.] A man who did not know that his wife was pregnant gave freedoms by a codicil written to his son.
nata post mortem patris filia, cum de ea nihil patrem sensisse constitisset, placuit libertates a solo filio praestari: posse
When a daughter was born after the father's death, and it was established that the father had had no thought of her, it was held that the freedoms could be provided by the son alone.

Notes

  1. §29.7.11.prgraui utero — Consisting of the ablative of the adjective grauis and the noun uterus, functioning as an ablative of quality describing uxorem (uxorem esse graui utero: "that his wife was pregnant").
  2. §29.7.11.prconstitisset — The subjunctive pluperfect of the impersonal verb consto, taking the accusative with infinitive clause de ea nihil patrem sensisse ("that the father had had no thought of her") as its subject. Here, sentio (sensisse) means "to expect" or "to have in mind".
  3. §29.7.11.prplacuit — A common impersonal expression in juristic literature meaning "it was held" or "it was decided". Its subject is the accusative with infinitive clause libertates ... praestari posse.

Cite this passage

Justinian I, The Digest of Justinian §29.7.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.7.11.pr

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