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Justinian I · The Digest of Justinian §34.1.5.pr

Scope of Food Bequest for All Freedmen and Its Assessment

Passage 5141 of 9271 · Latin

Summary

In a case where a will orders food to be provided to all freed slaves and recommends specific individuals to the heirs, it is questioned whether all or only the specific individuals are entitled to the food, and Modestinus determines that it is left to all and the amount should be decided by an honorable man's discretion.

[IDEM libro undecimo responsorum. ] §34.1.5.prUerba testamenti: 'omnibus libertis nostris cibaria praestabitis pro arbitrio uestro, non ignorantes, quot ex his caros habuerim'. item alio loco: 'Prothymum Polychronium Hypatium commendo: ut et uobiscum sint et cibaria praestetis, peto'.
[The same, in his eleventh book of Responses.] The words of the will: 'You shall provide food for all our freed slaves according to your own discretion, not being ignorant of how many of them I held dear.' Likewise, in another place: 'I recommend Prothymus, Polychronius, and Hypatius: I ask that they both be with you and that you provide them with food.' I ask, should food be given to all, or only to those whom he recommended and ordered to be with the heirs?
quaero, an omnibus cibaria debent dari an his quos commendauit et cum heredibus esse iussit? Modestinus respondit omnibus libertis cibaria relicta proponi, quorum modum uiri boni arbitrio statuendum esse.
Modestinus replied that it is presented that food was left to all the freed slaves, the amount of which must be determined by the discretion of an honorable man.

Notes

  1. §34.1.5.prnon ignorantes — The present participle ignorantes agrees with the implied subject of the main verb praestabitis (the heirs, 2nd person plural). The double negation non ignorantes functions as a litotes, emphasizing that they are fully aware.
  2. §34.1.5.pruiri boni arbitrio — The phrase 'uiri boni arbitrio' refers to the standard of 'arbitrium boni viri' (discretion of an honorable man) in Roman law, denoting an objective, reasonable, and equitable determination rather than an arbitrary personal judgment.
  3. §34.1.5.prproponi — The infinitive proponi (passive of proponere) is used here in the sense of 'it is set forth' or 'it is presented as a fact,' governing the accusative with infinitive clause omnibus libertis cibaria relicta [esse].

Cite this passage

Justinian I, The Digest of Justinian §34.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.1.5.pr

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